Snodgrass v Hunter
| Jurisdiction | Scotland |
| Judgment Date | 08 November 1899 |
| Date | 08 November 1899 |
| Docket Number | No. 21. |
| Court | Court of Session |
Lord Adam, Lord M'Laren, Lord Kinnear.
ProcessJury TrialApplication of VerdictRes Noviter Confession of perjury by witness.
An allegation that one of three witnesses for the successful party in a jury trial had confessed that he had committed perjury is not an allegation of res noviter, and is not a ground for refusing to apply the verdict.
In an action of damages for slander by Mrs Snodgrass against Mrs Hunter, the jury on 21st July 1899 found for the pursuer and assessed the damages at 250. On 4th November a motion by the defender for a rule on the ground that the damages were excessive was refused.
On 8th November the pursuer moved the Court to apply the verdict. The defender opposed the motion, and presented a note in which she averred, that one of the three witnesses for the pursuer had confessed in a letter to a person named that he had committed perjury at the trial, and that the criminal authorities were investigating the case. She argued that the confession constituted res noviter, and was a sufficient ground for the Court in the meantime refusing to apply the verdict. She moved the Court for leave to lodge a specific statement as to the alleged perjury, and for an order on the pursuer to answer it.
Lord Kinnear referred to the opinion of Lord Chancellor Cairns in Lockyer v. Ferryman, March 6, 1877, 4 R., H. L., at pp. 3536.
Lord Adam.I am of opinion that the note for the defender here should be refused. I think this is an unprecedented application. We had this case before us on Saturday on a motion for a new trial, and we heard nothing of what is now put forward. It is now said that there is res noviter, but that res noviter is the very question which was before the jury; that is whether the witnesses were telling the truth, or whether, as it was stated by the defender on record, this was a trumped-up case. According to the authorities and the case cited by Lord Kinnear, that is not res noviter. I am for refusing this note.
Lord M'Laren...
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