| Edmund Hatch Bennett, Chauncey Smith - Law reports, digests, etc - 1853 - 684 pages
...circumstance that it contains an averment that the distress for too much rent was maliciously made. An act which does not amount to a legal injury cannot...be actionable because it is done with a bad intent. But though it would be sufficient for us to decide this point, we think it right, in order to save... | |
| Conway Robinson - Actions and defenses - 1855 - 884 pages
...the rent was "maliciously" made. This was deemed an immaterial circumstance ; the court saying that an act which does not amount to a legal injury, cannot...be actionable because it is done with a bad intent. Newnham v. Stevenson fyc. 3 Eng. Law & Eq. 512; Stevetisou v. Newnham, 13 Com. Bench (4 J. Scott) 297,... | |
| Great Britain. Court of Exchequer, William Newland Welsby, Edwin Tyrrell Hurlstone, John Gordon - Law reports, digests, etc - 1856 - 948 pages
...distrained for more rent than was really due ; and it was nevertheless held that the count was bad, for an act which does not amount to a legal injury cannot be actionable because it is done with a bad (ct) Before Coleridge, J., Muult, Crowdcr, J. J., Wiffhlman, J., Erie, J., Wit- (6) 16 QB 669. liaint,... | |
| Francis Hilliard - Torts - 1859 - 594 pages
...Charles, 6 Bing. 396 ; 7 62. Bing. 104. * Yonng v. Hall, 4 Geo. 95. See 6 Jordan v. Wyatt, 4 Gratt. 151. a legal injury, cannot be actionable because it is done with a bad intent.i Thus a count in case, for distraining for more rent than was due, is bad, though alleging... | |
| Illinois. Supreme Court - Law reports, digests, etc - 1913 - 712 pages
...right and lawful for one : man to do cannot furnish the foundation for an action in favor of another. Nor can the absence of commendable motive on the part...which is one of the necessary elements of a wrong." Again, on page 688 of the same work it is said : "What was said in the opening chapter of the work,... | |
| William Selwyn - Nisi prius - 1861 - 840 pages
...damage, no cause of action (;«); nor does it make any difference that it was done "maliciously,"' for an act which does not amount to a legal injury cannot...be actionable, because it is done with a bad intent (it). In Walter v. Rumbal, Ld. Raym. 53, it was held, that notice to the owner (who was not the tenant)... | |
| North Carolina. Supreme Court - Law reports, digests, etc - 1909 - 1058 pages
...been abundantly shown to be justified by the authorities, even if it were not in itself a mere truism. 'An act which does not amount to a legal injury cannot...actionable because it is done with a bad intent.' 'Any transaction which would be lawful and proper if the parties were friends cannot be made the foundation... | |
| Herbert Broom - Legal maxims - 1874 - 880 pages
...prejudiced because the invasion of his right was unintentional.7 We may add that whilst, on the one hand, "an act which does not amount to a legal injury cannot be actionable because it is done 1 Bac. Max., reg. 15 ; D. 47 ; 10, 18, { 3 : Wood. Inst. 307 ; R. r. Oneby, 2 Ld. Raym. 1489: Reg.... | |
| Law - 1876 - 860 pages
...legal right to establish a new business, and his motives in doing so are not to be enquired into.39 "An act which does not amount to a legal injury cannot...be actionable because it is done with a bad intent. "4° This remark was made in a case where a landlord was charged with having maliciously distrained... | |
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