 | New York (State), William Wait - 1871 - 1034 pages
...cases. 302 303 aii ! ¡gating circumstances, to reduce the amount of damages; and, whether he prove the justification or not, he may give in evidence the mitigating circumstances. I. JUSTIFICATION. а. What the answer must state.— The answer must allege the facts which establish... | |
 | California - 1872 - 892 pages
...defamatory, and any mitigating circumstances, to reduce the amount of damages; and whether lie prove the justification or not, he may give in evidence the mitigating circumstances. NOTE. — The answer must nvcr the truth of the defamatory matter charged, if justification is sought.... | |
 | New York (State). Court of Appeals, Hiram Edward Sickels - 1872 - 788 pages
...defamatory and any mitigating circumstances to reduce the amount of damages, and that whether he prove the justification or not, he may give in evidence the mitigating circumstances. This section, it is judicially determined, does abrogate another rule which had been as well established,... | |
 | South Carolina - 1873 - 1164 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. 189. In an action to recover the possession of property dis- in action to re^trained doing damage,... | |
 | New York (State), John Townshend - 1873 - 960 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. Jnftttfication on the gronnd of i rnili. — Where the defamatory charge is in general terms it... | |
 | Wisconsin - 1935 - 1308 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. SECTION 40. Section 263.43 is amended to read : 263.43 IRRELEVANT, SCANDALOUS AND INDEFINITE PLEADINGS.... | |
 | British Guiana - 1873 - 660 pages
...orsiander. 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. 42- In an action to recover the possession of property destrained Defence to for doing damage, an answer... | |
 | New York (State) - 1875 - 498 pages
...defamatory, and any mitigatmg circumstances, to reduce the amount of damages ; and whether he prove the justification or not, he may give in evidence the mitigating circumstances. 2 100. 1n an action to recover the possession of property distrained doing damage, an answer that the... | |
 | Charles Greenstreet Addison - 1876 - 762 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, s. IBB. Prior to the adoption of the Code, the defence of an action for slander or libel was... | |
 | California, Theodore Henry Hittell - 1876 - 986 pages
...defamatory, and any mitigating circumstances, to reduce the amount of damages; and whether he prove jury, in their discretion, may render a general or special verdict. In all 10.462. Allegations not denied, when deemed true; when deemed controverted. SEC. 462. Every material... | |
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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,... 
