In mitiori sensu

Ballentine's Law Dictionary

James A. Ballentine · 1916

In a milder sense.

Black's Law Dictionary

Henry Campbell Black, M.A. · 1910

In the milder sense; in the less aggravated acceptation. In actions of slander, it was formerly the rule that, if the words alleged would admit of two constructions, they should be taken in the less injurious and defamatory sense or in mitiori sensu.

A Law Dictionary, Adapted to the Constitution and Laws of the United States

John Bouvier · 1839

construction. Formerly in actions of slander it was a rule to take the expression used in mitiori sensu, in the mildest acceptation, and ingenuity was, upon these occasions, continually exercised to devise or discover a meaning which by some remote possibility the speaker might have intended; and some ludicrous examples of this ingenuity may be found. To say of a man who was making his livelihood by buying and selling merchandise, he is a base broken rascal, he has broken twice, and I'll make him break a third time, was gravely asserted not to be actionable—"ne poet dar porter action, car poet estre intend de burstness de belly," Latch, 114. And to call a man a thief was declared to be no slander, for this reason "perhaps the speaker might mean he had stolen a lady's heart." The rule now is to construe words agreeably to the meaning usually attached to them. 1 Nott & McCord, 217; 2 Nott & McCord, 511; 8 Mass. R. 248; 1 Wash. R. 152; Kirby, R. 12; 7 Serg. & Rawle, 451; 2 Binn. 34; 3 Binn. 515.