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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 Slander and Libel: And Incidentally of Malicious ... - Page 216
by Thomas Starkie - 1830
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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
...said, with reference to that distinction (6), " malice, in common acceptation, means ill will against a person; but, in its legal sense, it means a wrongful...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
...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 a wrongful...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
...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
...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 a wrongful...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
...tersely and truly stated the distinction : " Malice in its 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" (/). This doctrine was struggled against with persevering opposition in the case of General Picton....
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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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Decisions of the Sudder Dewanny Adawlut, Recorded in English, in Conformity ...

Bengal (India). Sadr Dīwānī ʻAdālat - Law reports, digests, etc - 1853 - 1234 pages
..."It appears to us that the objection is applicable. Malice in its common sense means ill-will against a person, but in its legal sense it means 'a wrongful...done intentionally without just cause or excuse.' We admit the special appeal, to try whether, with reference to the precedent above quoted, the commissioner's...
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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
...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 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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Reports of Cases Argued and Determined in the English Courts of ..., Volume 2

Great Britain. Court of Common Pleas - Law reports, digests, etc - 1847 - 612 pages
...B. & C. 247, 6 D. & R. 296, BAYLEY, J., says: "Malice, in common acceptation, means ill-will against a person ; but, in its legal sense, it means a wrongful...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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Reports of Cases Argued and Determined in the Circuit Court of the ..., Volume 3

United States. Circuit Court (1st Circuit), William Wetmore Story - Law reports, digests, etc - 1847 - 886 pages
...true exposition in an important case, and said, " Malice in common acceptation means ill-will against a person ; but in its legal sense it means a wrongful act done intentionally and without just cause or excuse."3 And malice may not only be presumed from the total absence of probable...
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