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Scottish Court of Session Decisions |
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Paterson v. Somers (ante, vol. 1, p. 256) [1866] ScotLR 2_16 (19 May 1866) URL: http://www.bailii.org/scot/cases/ScotCS/1866/02SLR0016.html Cite as: [1866] ScotLR 2_16, [1866] SLR 2_16 |
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Page: 16↓
( ante, vol. 1, p. 256).
A pursuer of an action of damages for slander who obtained a farthing of damages from a jury, found entitled to expenses.
Watson, for the pursuer, moved the Court to apply the verdict of the jury in this case, and in terms thereof to decern against the defender for the sum of one farthing. He also moved for expenses.
J. H. A. Macdonald, for the defender, opposed the motion for expenses, on the ground that a full retractation had been made on record. He cited Arrol v. King, 24th November 1855, 18 D. 98; Rae v. M'Lay, 20th November 1852, 15 D. 30; and Gardener v. M'Kenzie and Others, 24th June 1846, 8 D. 859.
The Court thought there was nothing to take this case out of the general rule. On the contrary, some things occurred in the course of the evidence especially in the evidence of the person who wrote the article, which showed that clearance by a jury was a proper thing for the pursuer to insist upon.
Solicitors: Agents for Pursuer— Neilson & Cowan, W. S.
Agent for Defender— Thomas Ranken, S.S.C.
