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