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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,... "
Reports of Cases Argued and Determined in the Supreme Court of the State of ... - Page 677
by Wisconsin. Supreme Court, Abram Daniel Smith, Philip Loring Spooner, Obadiah Milton Conover, Frederic King Conover, Frederick William Arthur, Frederick C. Seibold - 1898
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Laws of the State of New York Passed at the Sessions of the Legislature

New York (State). Legislature - 1848 - 672 pages
...in § l42. In the actions mentioned in the last section, the de£en{jant ma^ JQ j^g ansWer, allege both the truth of the matter charged as defamatory, and any mitigating circumstances legally admissible in evidence, to reduce the amount of damages ; and whether he prove the justification...
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First[-Fourth] Report of the Commissioners on Practice and Pleadings ...

New York (State). Commissioners on Practice and Pleadings - 1848 - 904 pages
...follows: § 142. 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, legally admissible in evidence, to reduce the amount of damages ; and whether he prove the justification...
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The Code of Civil Procedure of the State of New-York

New York (State). Commissioners on Practice and Pleadings - 1850 - 898 pages
...164. § 661. 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, he may give in evidence the mitigating...
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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 - 410 pages
...such cases. — 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, he may give in evidence the mitigating...
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The Code of Procedure of the State of New York: As Amended by the ...

New York (State). - 1851 - 266 pages
...165. In the actions mentioned in the last section, the An«wer in 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, he may give in evidence the mitigating...
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The Law Magazine: Or, Quarterly Review of Jurisprudence, Volume 14; Volume 45

1851 - 520 pages
...thereof. " S. 165. 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, he may give, in evidence, the mitigating...
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Acts of the General Assembly of the Commonwealth of Kentucky, Passed, Volume 1

Kentucky - 1851 - 548 pages
...trial. § 177. In the actions mentioned in the last section, the defendant may, in his answer, alledge both the truth of the matter charged as defamatory and any mitigating circumstances legally admissible in evidence, 'to reduce the amount of damages; and whether he proves the justification...
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Acts Passed at the ... Session of the General Assembly for the Commonwealth ...

Kentucky - 1851 - 544 pages
...trial. § 177. In the actions mentioned in the last section, the defendant may, in his answer, alledge both the truth of the matter charged as defamatory and any mitigating circumstances legally admissible in evidence, to reduce the amount of damages; and whether he proves the justification...
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The Code of Procedure of the State of New York: As Amended April 16, 1852 ...

New York (State) - 1852 - 606 pages
...such cases. — 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, he may jcive in evidence the mitigating...
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Reports of Decisions on the Code of Procedure, New Series, Volume 1

1852 - 446 pages
...the Code, § 165. It is there provided that in such actions 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, he may give in evidence the mitigating...
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