 | Edmund Hatch Bennett, Chauncey Smith - 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 - 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 - 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 - 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... | |
 | William Selwyn - 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)... | |
 | Illinois. Supreme Court - 1913 - 712 pages
...there was no combination but only an act by the defendant expressing his own views, and as holding that an act which does not amount to a legal injury cannot be actionable on account of a bad motive. In Giblan v. National Amalgamated Laborers' Union, (1903) 2 KB Div. 600,... | |
 | North Carolina. Supreme Court - 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 - 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.... | |
 | 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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It is a truism of the law that an act which does not amount to a legal injury cannot be actionable because it is done with a bad intent; that what one has a right to do another cannot complain of. 
