Scottish Court of Session Decisions

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.