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It being pleaded as a preliminary defence, that the conviction of the pursuer barred this action on all its grounds, the Lord Ordinary repelled the defence.
Lord Craigie was inclined to think, that, under the circumstances of the case, as stated in the summons, the action was relevant; but the point to be decided was a new one, and of great importance, and he would wish for farther time to consider it. At present he was not inclined to lay down the rule absolutely, that a party, who alleged that he had been convicted of a crime on false, and malicious and perjured evidence, was in no circumstances entitled to the ordinary reparation in a civil court of law.
Lord Balgray did not see how a party in such circumstances as the present was entitled to insist in a civil action of damages, till the sentence against him was in some way set aside.
The Lord President agreed in every word which had fallen from Lord Gillies,—otherwise there could be no safety to persons who might give information to the public prosecutor of crimes which had been committed, and where the parties accused might be found guilty on the very evidence which had thus been afforded.
The Court , accordingly, altered the interlocutor of the Lord Ordinary, and sustained the preliminary defence.
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Common Room
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