| Robert Hamilton Provost of Kinghorn, Pursuer v. James Rutherford, John Aitken, David Sibbald and Walter Rymer, in Kinghorn, Defenders |
10 Aug 1771
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Defamation, expenses of process |
The pursuer, the Provost of Kinghorn, one of the royal boroughs situated upon the Firth of Forth, brought an action of damages for defamation against the defenders. They accused Mr. Hamilton of having sold the burgh's interest and having been bribed at the last general election. The pursuer limited his demand to the expenses of the process and the following judgment was pronounced, "Repel the defences; find the attack made by the defenders, upon the character of the pursuer, was malevolent and injurious; and therefore find them, conjunctly and severally, liable in expenses of process, of which ordain an account to be given in; but not in damages, in respect the pursuer has passed from any.” |
