Scott v Doherty

JurisdictionScotland
Judgment Date04 August 1843
Year1843
Date04 August 1843
Docket NumberNo. 3
CourtCourt of Session (Inner House - Second Division)
2D DIVISION.

Lord Justice-Clerk. Jury Cause.

No. 3
Scott
and
Doherty

Reparation—Slander.

THE cause and grounds of this action appeared from the issues, which were in the following terms:—

‘Whether, on or about the 13th day of January 1843, in the public street, near the north end of George the Fourth's Bridge, Edinburgh, and in the presence and hearing of Charles Glendonwyn Scott, son of the pursuer, James Fraser Gordon, Esq., residing at No. 26 Dundas Street, Edinburgh, William Nathaniel Fraser, Esq., younger of Find-rack, also residing there, and George Lindsay Crawford, Esq., residing at No. 22 St Leonard's Street, Edinburgh, or any of them, the defender

did falsely and calumniously say, that the pursuer, Mrs Scott, was a liar, and totally unworthy of credit, or did use or utter words to that effect, or of a similar meaning and import, to the injury and damage of the pursuer.

‘Whether the defender, on or about the said 13th day of January 1843, did write and transmit to Sir Charles Gordon of Drimen, knight, residing in Albyn Place, Edinburgh, the letter No. 10 of process, in which, inter alia, he stated—“Mrs Scott, as she is called, of Parton, having raised a calumnious report relative to Mrs Doherty, it was thought necessary by the latter to investigate into it. It was found that it had its sole origin with her, (meaning the pursuer, Mrs Scott,) and of course she (meaning again the said pursuer, Mrs Scott) was stigmatized as —.” And again—“ I do not wish to conceal or palliate any thing I have done in this matter; this much I must say, that the annoyances I have been subjected to by Mr Gordon and Charles Scott to-day and previously, have originated in their endeavour to defend Mrs Scott (meaning the pursuer, Mrs Scott) from the character of a disreputable liar, which none other than herself could inflict on her. Her (meaning the pursuer, Mrs Scott) lie against me, I could easily bear; but when directed against one of her own sex, an unprotected stranger, and in a land not her own, deserves what it has met with, a sting of conscience, produced by her son and his honourable ‘eorps,’ no doubt for the present, a little uneasiness of mind, but after all, not near so great as their own guilty consciences inflict on themselves.”

‘Whether the whole or any part of the said words are of and concerning the pursuer, and state and represent her as a liar, or contain a statement to that effect, to the injury and damage...

To continue reading

Request your trial
5 cases
  • Unite the Union and Paul Gallagher v The Minister for Finance and Others
    • Ireland
    • High Court
    • 8 October 2010
    ...3 IR 1 distinguished - Financial Emergency Measures in the Public Interest Act 2009 (No 5), ss 2 and 8 - Central Bank Act 1942 (No 22), s 6D(5) - Central Bank and Financial Services Act 2003 (No 12) - Central Bank and Financial Services Authority of Ireland Superannuation Scheme 2008 (SI 99......
  • Kreg Martin Claimant v Steve Bonner Defendant [ECSC]
    • Grenada
    • Supreme Court (Grenada)
    • 9 April 2009
    ...('the mortgage') dated the 17 th July 2007. 2 Article V of the said mortgage provides that it shall be displayed on the ship. Paragraph 6(d)(5) of the agreement provides that the Defendant shall acquire and maintain a GPS tracking device that automatically reports the position of the ship d......
  • Blaikie v Morrison
    • United Kingdom
    • High Court of Justiciary
    • 27 February 1957
    ...water and petrol, were in each case a little over 3 tons, 10 cwts., on which the appropriate rate of said duty is in each case £56, 7s. 6d. (5) The side boards and tail and front boards referred to in finding (2), when in use on the vehicles, are inserted inside the rectangle formed by the ......
  • Governor and Company of Bank of England v Miller and Another
    • United Kingdom
    • House of Lords
    • 16 July 1926
    ...Victory Bonds, No. 54 of Process, as to which there was an approval letter admittedly signed by Wilson, and in the case of the £4,210 10s. 6d. 5 per cent. War Stock, No. 16 of Process, as to which there is the special letter admittedly signed by Wilson, he could not ask for a decree�an ad......
  • Request a trial to view additional results
2 books & journal articles
  • The public offer of securities in the United Kingdom.
    • United States
    • Denver Journal of International Law and Policy Vol. 27 No. 3, June 1999
    • 22 June 1999
    ...events ("exceptional factors") that materially impacted the company's principal business activities, products, revenues, or plants. (6.D.5) A description of the company's research and development policies during the past three financial years. (6.D.5). Description of substantial expenditure......
  • (DIS)PLACING THE LAW: LESSONS FROM SOUTH AFRICA ON ADVANCING U.S. ASYLUM RIGHTS.
    • United States
    • Loyola Journal of Public Interest Law Vol. 20 No. 2, March 2019
    • 22 March 2019
    ...es-off-ice-which-is-.slapping-them-on-immigrants-who-thought-they-were-sare/2018/02/11/4bd5cl64-083a-11e8-b48c-b07fea957bd.5_tory.html?utm_erra=.6d.5e9b.58c940. (144) See IMMIGRANT DEFENSE PROKECT & CENTER FOR CONSTITUTIONAL RIGHTS. ICEWATCH: ICE RAIDS TACTICS MAP (July 2018): Franklin ......
1 forms
37 provisions
  • Inland Post Regulations 1963
    • United Kingdom
    • UK Non-devolved
    • 1 January 1963
    ...posting of a registered postal packet … … … … … … 3d. 4. Advice of delivery of, or inability to deliver, a registered postal packet … … … … 6d. 5. Enquiry for a missing registered postal packet … (Note: This charge is not payable if the charge for advice of delivery of, or inability to deli......
  • POLICE (CONSOLIDATION) REGULATIONS, 1948.
    • United Kingdom
    • UK Non-devolved
    • 1 January 1948
    ...(i) over five hours and not exceeding 8 hours … . 5s. 0d. 4s. 6d. 4s. 0d. (ii) over 8 hours and not exceeding 12 hours … . 7s. 6d. 6s. 6d. 5s. (iii) over 12 hours and not exceeding 24 hours … . 10s. 6d. 9s. 0d. 8s. 0d. (iv) over 24 hours—at the rate under (iii) above for each complete perio......
  • Inland Post Warrant, 1961
    • United Kingdom
    • UK Non-devolved
    • 1 January 1961
    ...postal packet … … … … … … … … … … … … … 33d. 4. Advice of delivery of, or inability to deliver, a registered postal packet … … … … … … … … 66d. 5. Enquiry for a missing registered postal packet … … (Note: This charge is not payable if the charge for advice of delivery of, or inability to de......
  • Rag Flock and Other Filling Materials Regulations, 1961
    • United Kingdom
    • UK Non-devolved
    • 1 January 1961
    ...(4) Kind of Filling Materials Fee Appropriate Test Requirements 4. (a) Unused woollen Oil and soap test Not to contain more than flock. 27s.6d. 5 per cent. of oil soap. Animal fibre test Not to contain less than 70 per cent. of animal fibre. (b) Used woollen flock Impurities test Not to con......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT