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" In the actions mentioned in the last section the defendant may, in his answer, allege both the truth of the matter charged as defamatory, and any mitigating circumstances, to reduce the amount of damages; and whether he prove the justification or not,... "
The American State Reports: Containing the Cases of General Value and ... - Page 683
edited by - 1907
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The Western Journal, of Agriculture, Manufactures, Mechanic Arts ..., Volume 1

1848
...circumstances legally admissible in evidence, to reduce the amount of damages ; and whether be prove the justification or not, he may give in evidence the mitigating circumstances. The plaintift may also unite several causes of action in the same action where they ail arise out of contract,...
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First[-Fourth] Report of the Commissioners on Practice and Pleadings ...

New York (State). Commissioners on Practice and Pleadings - 1848
...circumstances, legally admissible in evidence, to reduce the amount of damages ; and whether he prove the justification or not, he may give in evidence the mitigating circumstances. Page 159. Amend § 147, to read as follows: § 147. Where, however, the allegation of the cause . of...
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Laws of the State of New York Passed at the Sessions of the Legislature

New York (State). Legislature - 1848
...circumstances legally admissible in evidence, to reduce the amount of damages ; and whether he prove the justification or not, he may give in evidence the mitigating circumstances. ases. § 143. The plaintiff may unite several causes of action in whatcanthe same complaint, where...
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The Code of Civil Procedure of the State of New York: Reported Complete by ...

New York (State). Commissioners on Practice and Pleadings - 1850 - 791 pages
...defamatory, and any mitigating circumstances, to reduce the amount of damages ; and whether he prove the justification or not, he may give in evidence the mitigating circumstances. Amended Code, § 165. § 662. In an action to recover the possession of property distrained for doing...
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The Code of Procedure of the State of New York: As Amended by the ...

New York (State), Henry Strong McCall - 1851 - 204 pages
...defamatory, and any mitiga- 1944 ting circumstances, to reduce the amount of damages ; and whether he prove the justification or not, he may give in evidence the mitigating circumstances. § 166. In an action to recover the possession of property r" a«ion« * rrr 3 to recover distrained...
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The Law Magazine, Or, Quarterly Review of Jurisprudence

1851
...defamatory, and any mitigating circumstances, to reduce the amount of damages, and, whether he prove the justification or not, he may give, in evidence, the mitigating circumstances. " 8. 164. In an action for libel or slander, it shall not be necessary to state in the complaint any...
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The Code of Procedure of the State of New York: As Amended by the ...

New York (State). - 1851 - 207 pages
...defamatory, and any mitigating circumstances, to reduce the amount of damages ; and whether he prove the justification or not, he may give in evidence the mitigating circumstances. § 166. In an action to recover the possession of property ^r£'i'"™ distrained doing damage, an...
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The Code of Procedure, as Amended July 10, 1851: With Copious Notes to Each ...

New York (State), Member of the New York Bar - 1851 - 394 pages
...defamatory, and any mitigating circumstances, to reduce the amount of damages ; and whether he prove the justification or not, he may give in evidence the mitigating circumstances. In slander for charging the plaintiff with being a thief, an answer which merely stated, that what...
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Practice Reports in the Supreme Court and Court of Appeals, Volume 6

Nathan Howard (Jr.), New York (State). Supreme Court - 1852
...defamatory and any mitigating circumstances to reduce the amount of damages — and whether he prove the justification or not, he may give in evidence the mitigating circumstances. The defendant may now, notwithstanding his plea of justification, resort to the same proof in mitigation...
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Reports of Decisions on the Code of Procedure, New Series, Volume 1

1852
...defamatory and any mitigating circumstances to reduce the amount of damages — and whether he prove the justification or not, he may give in evidence the mitigating circumstances. The defendant may now, notwithstanding his plea of justification, resort to the same proof in mitigation...
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