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The issues in this case having been adjusted in terms of the judgment of the Second Division, as reported 21st November 1834, the cause now came on for trial. The issues were as follows:
Whether, on or about the 26th day of March 1832, the defender, James Turnbull, did write and transmit, or cause to be written and transmitted, to all or any of the creditors of the pursuer, a copy or copies of all or any part of the letter first aforesaid, dated 16th February 1832, containing all or any of the words aforesaid, according to the meaning herein-before set forth: And whether the whole, or any part of the words so written and transmitted, or any part thereof, are of and concerning the pursuer, and are false, malicious and calumnious, and to the injury and damage of the pursuer?
Whether, on or about the 7th April 1832, the said defender, James Turnbull, did write and transmit, or cause to be written and transmitted, to all or any of the creditors of the pursuer, a copy or copies of all or any part of the letter aforesaid, dated 30th March 1832, containing all or any of the words aforesaid, according to the meaning herein before set forth; and whether the whole, or any part of the words so written and transmitted, or any part thereof, are of and concerning the pursuer, and are false, malicious and calumnious, and to the injury and damage of the pursuer?
For Pursuers, Dean of Fac. (Hope,) and Paterson. Agent, Chas. Fisher. For Defenders, Rutherfurd, A. M'Neill. Agents, Campbell & M'Dowall. Mr Russell, Clerk.
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