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Subject_1 Judicial Slander Subject_2 Privilege. Facts: In an action for damages for slander, a statement put on record in a judicial process, and not deleted or withdrawn, held privileged, as being pertinent to the issue and made in bona fide .
“ Note .—The Sheriff Substitute would have regarded the defender's position with more favour but for the plea of justification stated, as it must have been after mature consideration, and in support of which not one title of evidence has been adduced. Although the defender may not have had any animus against the pursuer in the competition, it is very plain from his examination in this case that he desired to underrate the pursuer's position, while at the same time professing nothing but friendliness.”
The pursuer appealed, and argued that the privilege attached to such a statement only so long as the party founded on it as relevant and intended to prove it, that here, as no attempt had been made to prove it, and as it still remained in process, the privilege had ceased.
Cases cited— Smith , 15 D. 549 ; Bell v. Black , 2 Scot. Law Rep. 58 ; Logan , October 26,1872.
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