 | Scotland. Court of Session - 1827 - 1026 str.
...malice, as it ' is sufficient, if falsehood and injury are proved; but, in the second, ' malice must bo stated and proved, as it is the ground of the action. ' Whether a case falls within one class or the other, is a question for ' the Court ; but whether malice is proved, rests entirely... | |
 | Hugh Barclay - 1855 - 998 str.
...if fnlwhood and injury be proved ; but in the second, malice must be stated and proved, a* it ¡к the ground of the action. Whether a case falls within the one class or the other in a question for the court ; but whether malice is proved rests entirely with the jury i" 19th May... | |
 | David King - 1856 - 204 str.
...to state malice, as * it is sufficient if falsehood and injury is proved; but in the second " case, malice must be stated and proved, as it is the ground of " the action."—Lord Chief Commissioner Adam, IN the exercise of their official duties, elders are called... | |
 | Scotland. Court of Session - 1878 - 460 str.
...the accusation is false. If he has the right, then he is protected, unless he maliciously makes the accusation. In the first case it is not necessary...one class or the other, is a question for the Court ; and whether malice is proved rests entirely with the Jury.1 Besides these two classes of cases, there... | |
 | Hugh Barclay - 1880 - 922 str.
...the first case it is not necessary to state malice, as it is sufficient if falsehood and injury be proved ; but in the second, malice must be stated...whether malice is proved rests entirely with the jury.' — 19th May 1823, M'Lean, 3 Mur. 353. Again, by the same judge: ' The law is, on this subject, that... | |
 | Frank Towers Cooper - 1894 - 404 str.
...accusation. In the first case, it " is not necessary to state malice, as it is sufficient if false" hood and injury is proved; but in the second, malice must...stated and proved, as it is the ground of the action." p. LCC Adam, p. 356. M'Lean v. Fraser, 3 Mur. 353. " and calumnious statements, the legal imputation... | |
| |
... proved ; but in the second, malice must be stated and proved, as it is the ground of the action. Whether a case falls within the one class or the other is a question for the court ; but whether malice is proved rests entirely with the jury. 