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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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Practice and Pleading Under the Codes, Original and Amended: With Appendix ...

Henry Whittaker - 1852 - 869 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 pleading a justification, facts must be stated. A bare allegation that " what the defendant said...
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Compiled Laws of the State of California: Containing All the Acts of the ...

California, F. A. Snyder, S. Garfielde - 1853 - 1071 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. SEC. 64. The plaintiff may unite several causes of action in the sacral emu** of action in same complaint,...
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The Law of Nisi Prius: Being Reports of Cases Determined at Nisi Prius, in ...

New York (State). Supreme Court, John Anthon - 1854 - 415 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. I am not aware of any action hy the courts on this section. It admits, in my Judgment, of a very serious...
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The Code of Procedure of the State of New York: With Notes, an Appendix, and ...

New York (State) - 1855 - 798 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. ''. A question arose under this section whether or not the defendant could set up mitigating circumstances...
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Digest of the Laws of California: Containing All Laws of a General Character ...

William H. R. Wood - 1857 - 871 pages
...defamatory and any mitigating circumstances to reduce the amount of damages ; and whether he prove n no сазе shall ART. 798, Sec. 64. The plaintiff may unite several causes of action in the same complaint, when they...
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The Revised Code of the District of Columbia

District of Columbia - 1857 - 699 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. SEC. 40. The plaintiff may unite in the same complaint several causes of action, whether they be such...
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Practice Reports in the Supreme Court and Court of Appeals, Volume 13

Nathan Howard, New York (State). Supreme Court - 1857
...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." (Code, 165 ) An atlegation, in substance, that the plaintiff has the reputation ofbeing a thief,...
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The California Practice Act: Being an Act Entitled "An Act to Regulate ...

California, Henry Jacob Labatt - 1858 - 302 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. 1. The defendant may prove, in mitigation of damages, facts and circumstances which disprove malice,...
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The California Practice Act: Being an Act Entitled "An Act to Regulate ...

California, Henry Jacob Labatt - 1860 - 368 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. 1 . The answer must aver the truth of defamatory matter charged to constitute a justification. It is...
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Statutes at Large of the State of New York: Comprising the Revised ..., Volume 5

New York (State) - 1863
...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. 12 ST. Y., 72; 11 NY, 353; 24 B., 623, 631; 19 B., 263; 13 B., 223; 14 How. PR, 46 ; 13 How. PR, 97...
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