Rooney v. M'Nairney [1908] ScotLR 81 (07 November 1908)

Rooney v. M'Nairney [1908] ScotLR 81 (07 November 1908)

The words complained of were too vague and general to amount to defamation, and the innuendo alleged by the pursuer did not specify any particular moral fault or evil influence. Therefore, the action was not relevant and was dismissed.

Citation
[1908] ScotLR 81
Parties
Pursuer: Roger Rooney; Defender: Michael M'Nairney
Jurisdiction
Scotland
Judgment Date
07 November 1908
Procedural Posture
Civil / Appeal (reclaiming Motion) From Lord Ordinary's Interlocutor
Outcome
action dismissed; interlocutor of Lord Ordinary adhered to
Legal Topics
Verbal Slander, Innuendo, Reparation, Defamatory Statements, Ecclesiastical Discipline
Tort Defamation Verbal Slander Innuendo Reparation Defamatory Statements Ecclesiastical Discipline

Case Brief

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Parties

Roger Rooney

Pursuer

Michael M'Nairney

Defender

Procedural Posture

Civil / Appeal (reclaiming Motion) From Lord Ordinary's Interlocutor

Legal Issues

  1. 1 Whether the words spoken by the defender were actionable as slander per se
  2. 2 Whether the innuendo alleged by the pursuer made the words actionable

Ratio Decidendi

The words complained of were too vague and general to amount to defamation, and the innuendo alleged by the pursuer did not specify any particular moral fault or evil influence. Therefore, the action was not relevant and was dismissed.

Court Disposition

action dismissed; interlocutor of Lord Ordinary adhered to

Orders

  • Defender assoilzied from conclusions of the summons
  • No expenses due to or by either party