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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. "
Reports of Cases Argued and Determined in the Court of Appeals of the State ... - Page 139
by New York (State). Court of Appeals, Erasmus Peshine Smith, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Samuel Hand, Joel Tiffany - 1860
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The Law Journal for the Year 1832-1949: Comprising Reports of Cases in the ...

Law reports, digests, etc - 1825 - 800 pages
...malice, or malicious intent, are to be understood in the popular or in the legal sense of the words. Malice, in common acceptation, means ill will against a person; but in its legal sense, means a wrongful act done intentionally, without provocation or excuse. Thus, if I strike A, though...
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A Treatise on the Law of Slander and Libel: And Incidentally of ..., Volume 1

Thomas Starkie - Libel and slander - 1830 - 688 pages
...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 - 812 pages
...place in a Court of justice may be classed; and he said, with reference to that distinction (6), " malice, in common acceptation, means ill will against...done intentionally, without just cause or excuse. And I apprehend the law recognizes the distinction between these two descriptions of malice, t'iz....
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An Abridgment of the Law of Nisi Prius, Volume 2

Patrick Brady Leigh - Nisi prius - 1838 - 928 pages
...spoken of must be precise. But to impute to any" * " Malice, in common acceptation, means ill-will against a person, but, in its legal sense, it means...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 - 774 pages
...traitor,0 murderer,d sheep-stealer,e pickpocket;f or 1 "Malice, in common acceptation, means ill-will against a person, but, in its legal sense, it 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 - 998 pages
...descriptions of malice, viz. malice in fact, and malice in law. Malice in common acceptation means ill-will against a person ; but in its legal sense it means...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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Proceedings of the Naval Court Martial in the Case of Alexander Slidell ...

Alexander Slidell Mackenzie - Courts-martial and courts of inquiry - 1844 - 368 pages
...transgression of the law" (e). Justice Bullen has tersely and truly stated the distinction : " Malice in its common acceptation means ill will against a person...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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American Law Magazine, Volume 3

Law - 1844 - 506 pages
...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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Reports of Criminal Cases: Tried in the Municipal Court of the City of ...

Peter Oxenbridge Thacher - Criminal law - 1845 - 756 pages
...of the publisher. Although malice, in its common acceptation, means ill-will against a person, yet in its legal sense, it means a wrongful act done intentionally without just cause or excuse. Per Bayley, J., in Bromage v. Prosser, (4 Barn. & C. 255.) And the man who publishes slanderous matter...
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A New Abridgment of the Law with Large Additions and Corrections, Volume 6

Matthew Bacon, Sir Henry Gwilliam, Charles Edward Dodd - Law - 1846 - 890 pages
...light of it.(a) Moor, 627; Hawk. PC c. 73, § 14. ||(<z) Malice in common acceptation means ill-will against a person, but in its legal sense it means...act done intentionally without just cause or excuse. Per Bayley, J., in Bromage v. Prosser, 4 Barn. & C. 255. And " the man who publishes slanderous matter...
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