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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> - v M'Niel. [1600] 5 Brn 573 (00 January 1600) URL: http://www.bailii.org/scot/cases/ScotCS/1600/Brn050573-0661.html Cite as: [1600] 5 Brn 573 |
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[1600] 5 Brn 573
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION. reported by ALEXANDER TAIT, CLERK OF SESSION, one of the reporters for the faculty.
Subject_2 REPARATION.
-
v.
M'Niel
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How far the Veritas convicii excuses, in an action of damages, has of late been much disputed. That it does not excuse in an action for censure, either in a civil or ecclesiastical court, is admitted; but, in a civil action for damages, it is alleged to be a relevant excuse. —M'Niel of Taynish, a Justice of Peace, sitting on the bench and examining a witness, told the witness, who was a preacher of the Gospel, that he was a damned perjured villain. In an action for damages, M'Niel founded his defence on the fact, viz. that, from the proceedings, he had reason to believe that the witness was guilty of perjury.
M'Niel was assoilyied.
The electronic version of the text was provided by the Scottish Council of Law Reporting