 | Henry Whittaker - 1852 - 900 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... | |
 | California, Selucius Garfielde, Frederick A. Snyder - 1853 - 1108 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,... | |
 | New York (State). Supreme Court, John Anthon - 1854 - 442 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... | |
 | New York (State) - 1855 - 802 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... | |
 | William H. R. Wood - 1857 - 834 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... | |
 | District of Columbia - 1857 - 788 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... | |
 | Nathan Howard (Jr.) - 1857 - 630 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." (Code, § 165 ) An atlegation, in substance, that the plaintiff has the reputation ofbeing a thief,... | |
 | California, Henry Jacob Labatt - 1858 - 586 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,... | |
 | California - 1860 - 388 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... | |
 | New York (State) - 1863 - 1026 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. 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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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,... 
