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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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The Code of Procedure of the State of New York, as Amended to 1871: With ...

New York (State), William Wait - 1871 - 975 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...
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The Code of Civil Procedure of the State of California, Volume 1

California - 1872
...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....
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Reports of Cases Decided in the Court of Appeals of the State of ..., Volume 46

New York (State). Court of Appeals, Hiram Edward Sickels - 1872
...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,...
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The Revised Statutes of the State of South Carolina: Prepared by ...

South Carolina - 1873 - 1063 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,...
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The Code of Procedure of the State of New York, as Amended to 1873: With ...

New York (State), John Townshend - 1873 - 899 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...
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The Laws of Wisconsin

Wisconsin - 1935
...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....
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The Laws of British Guiana Chronologically Arranged from the Year 158o to ...

British Guiana - 1873
...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...
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Code of Procedure of the State of New York: With Art. VI of the Constitution ...

New York (State) - 1875 - 481 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...
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Wrongs and Their Remedies: A Treatise on the Law of Torts, Volume 2

Charles Greenstreet Addison - 1876 - 1440 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...
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The Codes and Statutes of the State of California, Volume 2

California, Theodore Henry Hittell - 1876 - 1861 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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