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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Buntein v Buchanan. [1731] Mor 12175 (00 January 1731)
URL: http://www.bailii.org/scot/cases/ScotCS/1731/Mor2912175-316.html
Cite as: [1731] Mor 12175

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[1731] Mor 12175      

Subject_1 PROCESS.
Subject_2 SECT. XVI.

Res Judicata. Reclaiming Days.

Buntein
v.
Buchanan

1731. January.
Case No. No 316.

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A criminal libel for theft having been brought before the Court of Justiciary, wherein there was also a conclusion of damages, and the Judges having found the same relevant to infer the pains of law, and after the facts were found proved by the jury, having pronounced a sentence condemnator, but without pronouncing any sentence upon the damages; the Lords of Session found this not to be a res judicata to bar a civil action for damages upon the same fact. See Appendix.

Fol. Dic. v. 2. p. 203.

The electronic version of the text was provided by the Scottish Council of Law Reporting     


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URL: http://www.bailii.org/scot/cases/ScotCS/1731/Mor2912175-316.html