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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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The Law of Evidence: Applicable to the Courts of the East India Company ...

John Bruce Norton - 1859 - 638 pages
...says • — " Malice in common acceptation m-nns ill will against a person, but in its legal seme it means a wrongful act, done intentionally, without just cause or excuse. If 1 give a perfect •Iranger a blow likely to produce deiith I do it of malice, because 1 do it intentionally...
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Reports of Cases Argued and Determined in the Court of Queen's Bench: And ...

Great Britain. Court of King's Bench, Thomas Flower Ellis, Colin Blackburn Baron Blackburn, Francis Ellis - Law reports, digests, etc - 1860 - 1150 pages
...malice necessary to support an action for slander, says: "Malice in common acceptation means ill will against a person, but in its legal sense it means...it intentionally and without just cause or excuse." And several other instances are given, all shewing that the intention is an essential ingredient in...
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Reports of Cases Argued and Determined in the Court of Queen's Bench: And ...

Great Britain. Court of King's Bench, Thomas Flower Ellis, Colin Blackburn Baron Blackburn, Francis Ellis - Law reports, digests, etc - 1860 - 1150 pages
...malice necessary to support an action for slander, says: "Malice in common acceptation means ill will against a person, but in its legal sense it means...it intentionally and without just cause or excuse." And several other instances are given, all shewing that the intention is an essential ingredient in...
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Reports of Cases at Law and in Chancery Argued and Determined in ..., Volume 255

Illinois. Supreme Court - Law reports, digests, etc - 1913 - 712 pages
...Flood, supra, p. 25.) The term "malice," in ordinary usage, means illwill against a person, but in a legal sense it means a wrongful act done intentionally, without just cause or excuse. (London Guarantee Co. v. Horn, supra; Allen v. Flood, supra, p. 18.) This latter definition governs...
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The Law of Evidence, Applicable to the Courts of the Late East India Company ...

John Bruce Norton - Evidence (Law) - 1865 - 666 pages
...Baylay, J. says : — " Malice in common acceptation means ill-will against a person, but in its legii sense it means a wrongful act, done intentionally,...I give a perfect stranger a blow likely to produce Jeath, I dp it of malice, because I in it intentionally and without just cause or excuse. If I maim...
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The Calcutta Review Volume XLIII

R.C. Lepage - 1866 - 518 pages
...in both law and reason to be done malo animo toward the " person injured." Mr. Baron Bayley said, " If I give a perfect " stranger a blow likely to produce..." I do it intentionally and without just cause or excute. If I maim " cattle without knowing whose they are, if I poison a fishery, it " is a wrongful...
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The Principles and Practice of the Law of Evidence

Edmund Powell - Evidence - 1869 - 786 pages
...the consequence of his own act ( p). In Bromage v. Prosser (q), Bayley, J., said : — " Malice in common acceptation means ill-will against a person...a perfect stranger a blow likely to produce death, (m) Brown v. Turner, 13 CBNS 485 ; Elans v.Botterell, S B. & S. 787. («) Per Lord Ellenborough, R....
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The Law Relating to Works of Literature and Art: Embracing the Law of ...

John Shortt - Contracts - 1871 - 824 pages
...in a conscious violation of the law to the prejudice of another." "Malice," says Bayley, J.,(i) " in common acceptation, means ill-will against a person...just cause or excuse. If I give a perfect stranger u blow likely to produce death, I do it of null ice, because I do it intentionally, and without just...
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American Leading Cases: Being Select Decisions of American Courts ..., Volume 1

John Innes Clark Hare - Civil procedure - 1871 - 952 pages
...legal signification, for though in its common acceptation, malice means ill-will against a person, in its legal sense it means a wrongful act done intentionally, without just cause or excuse; and, therefore, every utterance or publication, having the other qualities of slander or libel, if...
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The Law Magazine and Review: For Both Branches of the Legal Profession at ...

Law - 1899 - 710 pages
...intention. The well-known definition by Bayley, J., in Bromage v. Prosser, declares that " malice in common acceptation means ill-will against a person...done intentionally without just cause or excuse." In Mogul SS Company v. McGregor, Gow & Company, Bowen, LJ, defined a malicious wrong as " intentionally...
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