KFLCC Kingdom Law 2nd Ed.

751

MALICE

MALPRACTICE

Hotchkiss T. Porter, 30 Conn. 414.— Malice in law. Implied, inferred, or legal malice. See Smith v. Rodecap, 5 Ind. App. 78, 31 N. E. 479; Bacon v. Railroad Co., 66 Mich. 166, 33 N. W. 181.—Malice prepense. Malice afore thought ; deliberate, predetermined malice. 2 Rolle, 461.— Particular malice. Malice di-, rected against a particular individual; ill will; a grudge; a desire to be revenged on a par ticular person. Brooks v. Jones, 33 N. C. 261; State v. Long, 117 N. C. 791, 23 S. E. 431.— Preconceived malice. Malice prepense or aforethought. See State v. Reidell, 9 Houst. (Del.) 470, 14 Atl. 550.—Premeditated mal ice. An intention to kill unlawfully, deliber ately formed in the mind as the result of a de termination meditated upon and fixed before the act. State v. Gin Pon, 16 Wash. 425, 47 Fac. 961; Milton v. State, 6 Neb. 143; State v. Rutten, 13 Wash. 211, 43 Pac. 30.—Special malice. Particular or personal malice; that is, hatred, ill will, or a vindictive disposition against a particular individual.—Universal malice. By this term is not meant a malicious purpose to take the life of all persons, but it is that depravity of the human heart which determines to take life upon slight or insuffi cient provocation, without knowing or caring who may be the victim. Mitchell v. State, 60 Ala. 30. In criminal law. The desertion of a wife or husband with out just cause.—Malicious abuse of process. The malicious misuse or misapplication of pro cess to accomplish a purpose not warranted or commanded by the writ; the malicious perver sion of a regularly issued process, whereby a re sult not lawfully or properly obtained on a writ is secured; not including cases where the pro cess 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 inten tionally done without legal justification or ex cuse ; an unlawful act done wilfully or purpose ly to injure another. Bowers v. State, 24 Tex. App. 542, 7 S. W. 247, 5 Am. St. Rep. 901; Payne v. Western & A. R. Co., 13 Lea (Tenn.) 526, 49 Am. Rep. 666; Brandt v. Morning Journal Ass'n, 81 App. Div. 183, 80 N. Y. Supp. 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 per son at the prompting of malice or hatred to wards 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 per sonal property, from actual ill will or resent ment 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. Ma licious mischief or damage is a species of in jury to private property, which the law con siders as a public crime. This ia 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 the habita tion, 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 stat MALICIOUS. Evincing malice; done with malice and an evil design; willful. —Malicious abandonment.

utes, 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; Lauzon v. Charroux, 18 R. I. 467, 28 Atl. 975; Frisbie 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 property 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. MALINGER. To feign sickness or any physical disablement or mental lapse or de rangement, especially for the purpose of escaping the performance of a task, duty, or work. press malice. —Malitia prsecogitata. Malice aforethought, Malitia est acida; est mail animi af f ectus. Malice is sour; it is the quality of a bad mind. 2 Bulst. 49. Malitia supplet setatem. Malice sup plies [the want of] age. Dyer, 1046; Broom, Max. 316. Malitiis bominum est obviandum. The wicked or malicious designs of men must be thwarted. 4 Coke, 15&. A court of the higher kind in which the more important business of the county was dis patched by the count or earl. Spelman. A public national assembly. With an evil mind; with a bad purpose or wrongful in tention ; with malice. MALLUM. In old European law. MALO ANIMO. La t MALITIA. Lat. Actual evil design; ex MALIGN ARE. To malign or slander; also to maim.

MALO GRATO.

Lat In spite; unwill

ingly.

MALO SENSU.

Lat. In an evil sense

or meaning; with an evil signification.

MALPRACTICE. As applied to physi cians and surgeons, this term means, general ly, professional misconduct towards a pa tient which is considered reprehensible either because immoral in itself or because con trary to law or expressly forbidden by law. In a more specific sense, it means bad, wrong, or injudicious treatment of a patient, pro fessionally and in respect to the particular disease or injury, resulting in injury, un necessary suffering, or death to the patient,