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Scottish Court of Session Decisions >>
Creditors of Buchannan v Bonteyn. [1739] Mor 14065 (27 November 1739)
URL: http://www.bailii.org/scot/cases/ScotCS/1739/Mor3214065-051.html Cite as:
[1739] Mor 14065
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Where a person, on a sentence of the circuit Justiciary-court, had been convicted of theft by a verdict, and banished, but no judgment had been given on the part of the libel which included damages, an action was brought before the Court of Session for damages, founded on the conviction in the Criminal-court. The Lords sustained the action, and found the sentence of the Criminal-court not to be a res judicata to bar the civil action on the same fact.
