Legal Term Dictionary

Evincing malice; done with malice and an evil design; willful. -Malicious abandonment. In criminal law. The .desertion of a wife or husband without just cause.-Malicious abuse of process. The malicious misuse or misapplication of process to accomplish a purpose not warranted or commanded by the writ; the malicious perversion of More...

Evincing malice; done with malice and an evil design; willful. -Malicious abandonment. In criminal law. The .desertion of a wife or husband without just cause.-Malicious abuse of process. The malicious misuse or misapplication of process to accomplish a purpose not warranted or commanded by the writ; the malicious perversion of a regularly issued process, whereby a result not lawfully or property obtained on a writ is secured; not including cases where ttie process was procured maliciously but not abused or misused after its issuance. Bartlett v. Christhilf, 69 Md. 219, 14 Atl. 521; Mayer v. Walter, 64 Pa. 283; Humphreys v. Sutcliffe, 192 Pa. 336, 43 Atl. 954, 73 Am. St. Rep. 819; Kline v. Hibbard, 80 Hun, 50, 29 N. Y. Supp. 807.-Malicious act. A wrongful act intentionally done without legal justification or excuse; an unlawful act done wilfully or purposely to injure another. Bowers v. State, 24 Tex. App. 542, 7 S. W. 247, 6 Am. St. Rep. 901; Payne v. Western ft A. R. Co., 13 Lea (Tenn.) 526, 49 Am. Rep. 666; Brandt v. Morning Journal Ass'n, 81 App. Div. 183, 80 N. Y. Supo. 1002.-Malicious arrest. An arrest made willfully and without probable cause, but in the course of a regular proceeding.-Malicious injury. An injury committed against a person at the prompting of malice or hatred towards him, or done spitefully or wantonly. State v. Huegin, 110 Wis. 189, 85 N. W. 1046, 62 L. R. A. 700; Wing v. Wing, 66 Me. 62, 22 Am. Rep. 548.-Malicious mischief. A term applied to the willful destruction of personal property, from actual ill will or resentment towards its owner or possessor. People v. Petheram, 64 Mich. 252, 31 N. W. 188; First Nat Bank v. Burkett, 101 111. 394, 40 Am. Rep. 209; State v. Robinson, 20 N. C. 130, 32 Am. Dec. 661; Thomas v. State, 30 Ark. 435. Malicious mischief or damage is a species of injury to private property, which the law considers as a public crime. This is such as is done, not animo furandi, or with an intent of gaining by another's loss, but either out of a spirit of wanton cruelty or wicked revenge. In this latter light it bears a near relation to the crime of arson, for, as that affects tbe habitation, so does this the property, of individuals; and therefore any damage arising from this mischievous disposition, though only a trespass at the common law is now, by several statutes, made severely penal. Jacob.-Malicious prosecution. A judicial proceeding instituted against a person out of the prosecutor's malice and ill will, with the intention of injuring him, without probable cause to sustain it, the pro* cess and proceedings being regular and formal, but not justified by the facts. For this injury an action on the case lies, called the "action of malicious prosecution." Hicks v. Brantley, 102 Ga. 264, 29 S. E. 459- Eggett v. Allen, 119 Wis. 625, 96 N. W. 803: Harpham v. Whitney, 77 111. 38; Lauson v. Charroux, 18 R. I. 467, 28 Atl. 975; Friabie v. Morris, 75 Conn. 637, 55 Atl. 9.-Malicious trespass. The act of one who maliciously or mischievously injures or causes to be injured any propertv of another or any public property. State v. McKee, 109 Ind. 497, 10 N. E. 405; Hannel v. State, 4 Ind. App. 485, 30 N. E. 1118. Less...

To malign or slander; also to maim.

To malign or slander; also to maim. Less...

To feign sickness or any physical disablement or mental lapse or derangement, especially for the purpose of escaping tbe performance of a task, duty, or work.

To feign sickness or any physical disablement or mental lapse or derangement, especially for the purpose of escaping tbe performance of a task, duty, or work. Less...

Lat. Actual evil design; express malice. -Malitia prsscogitata. Malice aforethought Malitia est acida; est audi animi af-f eetus. Malice is sour; it is the quality of a bad mind. 2 Bulst 49. Malitia supplet setatem. Malice supplies [the want of] age. Dyer, 1046; Broom, Max. 316. Malitiis hominum est obviandum. More...

Lat. Actual evil design; express malice. -Malitia prsscogitata. Malice aforethought Malitia est acida; est audi animi af-f eetus. Malice is sour; it is the quality of a bad mind. 2 Bulst 49. Malitia supplet setatem. Malice supplies [the want of] age. Dyer, 1046; Broom, Max. 316. Malitiis hominum est obviandum. The wicked or malicious designs of men must be thwarted. 4 Coke, 15b. Less...

In old European law. A court of the higher kind in which the more important business of the county was dispatched by the count or earl. Spelman. A public national assembly.

In old European law. A court of the higher kind in which the more important business of the county was dispatched by the count or earl. Spelman. A public national assembly. Less...

Lat. With an evil mind; with a bad purpose or wrongful intention ; with malice.

Lat. With an evil mind; with a bad purpose or wrongful intention ; with malice. Less...

Lat. In spite. Unwillingly.

Lat. In spite. Unwillingly. Less...

Lat. In an evil sense or meaning; with an evil signification.

Lat. In an evil sense or meaning; with an evil signification. Less...

As applied to physicians and surgeons, this term means, generally, professional misconduct towards a patient which is considered reprehensible either because immoral in itself or because contrary to law or expressly forbidden by law. In a more specific sense, it means bad, wrong, or injudicious treatment of a patient, professionally More...

As applied to physicians and surgeons, this term means, generally, professional misconduct towards a patient which is considered reprehensible either because immoral in itself or because contrary to law or expressly forbidden by law. In a more specific sense, it means bad, wrong, or injudicious treatment of a patient, professionally and in respect to the particular disease or Injury, resulting in Injury, unnecessary Buffering, or death to the patient and proceeding from ignorance, carelessness, want of proper professional skill, disregard of established rules or principles, neglect, or a malicious or criminal intent. See Rodgers v. Kline, 56 Miss. 816, 31 Am. Rep. 389; Tucker v. Gillette, 22 Ohio Cir. Ct. R. 669; Abbott v. Mayfleld, 8 Kan. App. 387, 56 Pac. 827; Hibbard v. Thompson, 109 Mass. 288. The term is occasionally applied to lawyers, and then means generally any evil practice in a professional capacity, but rather with reference to the court and its practice and process than to the client See In re Baum, 55 Hun, Oil, 8 N. Y. Supp. 771; In re Silkman, 88 App. Div. 102, 84 N. Y. Supp. 1025; Ccrwley v. O'Connell, 174 Mass. 253, 54 N. E. 558. Less...

A substance produced from barley or other grain by a process of steeping In water until germination begins and then drying in a kiln, thus converting the starch into saccharine matter. See Hoi lender v. Magone (C. C.) 38 Fed. 915; U. S. v. Conn, 2 Ind. T. 474, 52 More...

A substance produced from barley or other grain by a process of steeping In water until germination begins and then drying in a kiln, thus converting the starch into saccharine matter. See Hoi lender v. Magone (C. C.) 38 Fed. 915; U. S. v. Conn, 2 Ind. T. 474, 52 S. W. 38. -Malt liquor. A general term including all alcoholic beverages prepared essentially by the fermentation of an infusion of malt (as distinguished from such liquors as are produced by the process of distillation), and particularly such beverages as are made from malt and hops, like beer, ale, and porter. See Allred v. State, 89 Ala. 112, 8 South. 56; State v. Gill, 89 Minn. 502, 95 N. W. 449; U. S. v. Ducournau Less...