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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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Laws of the Territory of Idaho

Idaho (Ter.) - 1864
...as defamatory and any mitigating circumstances, to reduce the amount of damage; 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 same complaint, when they arise out...
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The Code of Procedure of the State of New York, as Amended to 1864: With ...

John Townshend - 1864 - 315 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 actions to recover property distrained for damage, answer need not set forth title. In an...
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Laws of the Territory of Idaho

Idaho - 1864
...as defamatory and any mitigating circumstances, to reduce the amount of damage; 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 same complaint, when they arise out...
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Laws, Resolutions, and Memorials of the Territory of Montana Passed at the ...

Montana (Ter.) - 1866
...as defamatory, and any mitigating circumstances to reduce the amount of damage, and whether he prove the justification or not, he may give in evidence the mitigating circumstances. SEC. 63. The plaintiff may unite several causes of action in the same complaint when they arise out...
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Acts, Resolutions and Memorials, of the Territory of Montana, Passed by the ...

Montana - 1866
...as defamatory, and any mitigating circumstances to reduce the amount of damage, and whether he prove the justification or not, he may give in evidence the mitigating circumstances. SEC. 63. The plaintiff may unite several causes of action in the same complaint when they arise out...
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The Code of Procedure of the State of New York, as Amended to 1867: With the ...

John Townshend - 1867 - 292 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 actions to recover property distrained for damage, answer need not set forth title. he acted,...
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The Code of Procedure of the State of New York, as Amended to 1866, with ...

New York (State) - 1867 - 1063 pages
...defamatory, and any mitigating circumstances, to reduce the amount of damages ; and whether he prove ad, such court, justice, or county judge, may grant an order that the summons h u. Justification on the ground of truth. Where the defamatory charge is in general terms it is...
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The Constitution of South Carolina: Adopted April 16, 1868, and the Acts and ...

South Carolina - 1868
...fainatory 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. 189. In an action to recover the possession of property distrained In action to doing damage,...
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North Carolina Reports: Cases Argued and Determined in the ..., Volume 96

North Carolina. Supreme Court - 1887
...any mitigating circumstances to reduce the amount of the damages," and whether the defendant "prove the justification or not, he may give in evidence the mitigating circumstances." As malice is involved in the utterance of false defamatory words, and separate proof of it is not essential...
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Acts, Resolutions and Memorials Passed at the Annual Sessions of the ...

Utah (Ter.) - 1870
...defamatory; and any mitigating circum- a"eeea. stances 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 same complaint, when they all arise...
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