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" Malice, in common acceptation, means ill-will against a person; but, in its legal sense, it means a wrongful act, done intentionally, without just cause or excuse. "
A Treatise on the Law of Evidence - Page 39
by Simon Greenleaf - 1866 - 675 pages
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Reports of Cases Argued and Determined in the Court of King's ..., Volume 6

Great Britain. Court of King's Bench, James Dowling, Archer Ryland - Law reports, digests, etc - 1826
...those expressions, none of these authorities state. Malice, in common acceptation, means, ill will against a person ; but in its legal sense it means...intentionally, without just cause or excuse. If I give a man a blow which is likely to produce death, though he is a perfect stranger to me, the law implies...
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A Treatise on the Law of Slander and Libel: And Incidentally of ..., Volume 1

Thomas Starkie - Libel and slander - 1830
...those expressions, none of these authorities state. Malice, in common acceptation, means ill-will to a person ; but in its legal sense, it means a wrongful...intentionally, without just cause or excuse. If I maim cattle without knowing whose they are, if I poison a fishery without knowing the owner, I do it...
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Reports of Cases Argued and Determined in the Courts of Common ..., Volume 3

Great Britain. Court of Common Pleas, John Bayly Moore, Joseph Payne - Law reports, digests, etc - 1831
...and he said, with reference to that distinction (6), " malice, in common acceptation, means ill will against a person; but, in its legal sense, it means...done intentionally, without just cause or excuse. And I apprehend the law recognizes the distinction between these two descriptions of malice, viz. malice...
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Reports of Cases Argued and Determined in the Court of King's ..., Volume 5

Great Britain. Court of King's Bench - Law reports, digests, etc - 1835
...sense of that word. The jury under those circumstances were bound to infer, malice. The term malice in common acceptation means ill-will against a person ; but, in its legal sense, means a wrongful act, done intentionally, without just cause or excuse. This was laid down by Bayley...
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An Abridgment of the Law of Nisi Prius, Volume 2

Patrick Brady Leigh - Nisi prius - 1838 - 1620 pages
...misdemeanour; and the charge upon the person spoken of must be precise. But to impute to any" * " Malice, in common acceptation, means ill-will against a person,...done intentionally without just cause or excuse." Per Bay1ey, J., in Bromage v. Prosser, 4 B. & C. 255. " MTiere the law implies such malice as is necessary...
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An Abridgment of the Law of Nisi Prius, Volume 2

Patrick Brady Leigh - Nisi prius - 1838 - 1620 pages
...maintained for calling a person a traitor,0 murderer,d sheep-stealer,e pickpocket;f or 1 "Malice, in common acceptation, means ill-will against a person,...means a wrongful act done intentionally without just canse or excuse." Per Bayley, J., in Bromage v. Prosser, 4 B. & C. 255. (10 Eng. CL 321.) "Where the...
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The Law of Nisi Prius, Evidence in Civil Actions, and Arbitration ..., Volume 3

Archibald John Stephens - Arbitration and award - 1842
...in actions of slander two descriptions of malice, viz. malice in fact, and malice in law. Malice in common acceptation means ill-will against a person...done intentionally, without just cause or excuse. In an ordinary action for words, it is sufficient to charge, that the defendant spoke them falsely...
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American Law Magazine, Volume 3

Law - 1844
...from the consideration of the jury." He said, "that malice in common acceptation, means ill will to a person; but .in its legal sense, it means a wrongful...done intentionally without just cause or excuse. If I maim cattle without knowing whose they are — if I poison a fishery without knowing the owner —...
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Proceedings of the Naval Court Martial in the Case of Alexander Slidell ...

Alexander Slidell Mackenzie - Courts-martial and courts of inquiry - 1844 - 344 pages
...Bullen has tersely and truly stated the distinction : " Malice in its common acceptation means ill will against a person ; but in its legal sense it means...act done intentionally without just cause or excuse" (/). This doctrine was struggled against with persevering opposition in the case of General Picton....
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Reports of Cases Argued and Determined in the Queen's ..., Part 145, Volume 1

Great Britain. Bail Court - Civil procedure - 1845
...Bayley, J., in delivering judgment, goes fully into the meaning of the word " malice," and there says, " If I give a perfect stranger a blow, likely to produce...because I do it intentionally, and without just cause of excuse. If I maim cattle, without (a) 6 TR 1 1. (c) 4 B. & C. 247; See SC (b) Vol. 2, p. 673, 4,...
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