Scottish Court of Session Decisions

Subject_1 REPARATION.
Subject_2 SECT. II.

Seduction. - Adultery. - Breach of promise of Marriage.

Stedman
v.
Stedman

1743. June 17. & 1744, January 20.
Case No. No 8.

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Stedman, a shopkeeper, having obtained a divorce against his wife for adultery, brought an action before the Court of Session against the adulterer for damages. Alleged, That the action was not competent, unless a criminal prosecution had been first brought before the Court of Justiciary. Answered, That where a man is hurt in his property, he may bring a civil action for the damages, without intenting a criminal prosecution for punishment of the offender, as for example, in the case of fire-raising. The Lords sustained the action as competent; found the defender liable in the expenses of the process of divorce, and of an appeal to the House of Lords, and of the present process; and appointed the pursuer to specify what damage he had sustained through the loss consequent to his business, and how he could liquidate the same.

Fol. Dic. v. 4. p. 221. Kilkerran. C. Home.

*** This case is No 72. p. 7337, voce Jurisdiction.