Mitior Sensus
Dictionary of Terms and Phrases Used in American or English Jurisprudence · Benjamin Vaughan Abbott · 1879
Dictionary of Terms and Phrases Used in American or English Jurisprudence
In the m Uder sense. Accoi'ding to the former law governing actions for slander, the words complained of must always be construed in mitiori sensu, in the least injurious meaning admissible. Unless they were actionable, taken in the mildest sense, the action failed; or, if a verdict was recovered, the court would arrest judgment, if it appeared, on a motion for slanderous. This doctrine is now abandoned. The modern rule is that the words must be taken in their reasonable meaning, or in the sense in which they are shown to have been spoken and understood; and, after verdict, that sense which will support the verdict is favored. MITTEB LE DROIT; MITTER