 | South Carolina. Supreme Court, J. S. G. Richardson, Robert Wallace Shand, Cyprian Melanchthon Efird, William Hay Townsend, Duncan C. Ray, William Munro Shand - Law reports, digests, etc - 1916 - 634 pages
...sufficient legal provocation. In murder there is malice; there can be no murder without malice and malice is the intentional doing of a wrongful act without just cause or excuse. That is the broad definition of malice. It means, in matters of homicide, ill will, old 'grudges, as... | |
 | John Indermaur - Common law - 1876 - 530 pages
...or ill-will, but malice in law as before described in treating of malicious prosecution (q), viz., the intentional doing of a wrongful act without just cause or excuse. Malice, therefore, is properly said to be an essential of libel, but it is inferred, and need not be... | |
 | Seymour Frederick Harris - Criminal law - 1885 - 516 pages
...denotes malice, iv. furnishes evidence of malice." Nichols v. Commonwealth, 11 Bush, 496. "Malice is the intentional doing of a wrongful act without just cause or excuse." State v. Wiemers, 66 Mo 13. The definition given by Littledale, J., is adopted by the courts in Canada.... | |
 | Law reports, digests, etc - 1905 - 1166 pages
...is not passed upon, the question not having been raised in the trial court. 3. Malice in the law is the intentional doing of a wrongful act without just cause or excuse. A sworn accusation of larceny, made as the basis of a criminal prosecution, is justified if the party... | |
 | Missouri. Courts of Appeals - Law reports, digests, etc - 1890 - 764 pages
...State v. Wienners, 66 Mo. 18. The instruction given, following Goetz v. Ambs, supra, states that malice "means the intentional doing of a wrongful act without just cause or excuse." This means that he not only intended to do the act which is ascertained to be wrongful, but that defendant... | |
 | Law reports, digests, etc - 1891 - 930 pages
...slight evidence, but malice is not to be necessarily inferred from the want of probable cause. Malice is the intentional doing of a wrongful act without just cause or excuse [and the jury are instructed that, under the pleadings in this case, it is admitted that defendant. Burrus,... | |
 | Abraham Clark Freeman - Law reports, digests, etc - 1892 - 1050 pages
...slight evidence, but malice is not to be necessarily inferred from the want of probable cause. Malice is the intentional doing of a wrongful act without just cause or excuse; [and the jury are instructed that, under the pleadings in this case, it is admitted that defendant, Burrus,... | |
 | Martin L. Newell - Chicanery (Law) - 1892 - 726 pages
...used in this trial signifies iRoss v. Innis, 26 111., 276(1861). 2Ross v. Innis, 26 I11., 277 (1861). the intentional doing of a wrongful act without just cause or excuse. There are two kinds of malice: malice in fact or express malice, and malice in law or implied malice.... | |
 | Edwin Ames Jaggard - Torts - 1895 - 702 pages
...destruction of property.214 Spite or ill-will is not necessary to entitle to punitive damages in trespass. The intentional doing of a wrongful act without just cause or excuse is sufficient. S1S Ratification of a trespass is not a ground for vindictive damages.21' It would seem... | |
 | Jefferson Hoover Broady, D. A. Haggard, D. Avery Haggard - 1914 - 1010 pages
...22. 3. (1911.) In criminal law, "malice" may denote that condition of the mind which is manifested by the intentional doing of a wrongful act without just cause or excuse. Alt v. State, 88 Neb. 259 (129 NW 432; 35 LR A, [ns] 1212n). Defenses in general. See Syn. Dig., vol.... | |
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Malice as a basis for punitive damages means the intentional doing of a wrongful act without just cause or excuse. 
