 | John Townshend - 1877 - 838 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." ' Mate1 Code of Pro. §§ 149, 165; Bennett v. Matthews, 64 Barb. 410. An answer which merely states... | |
 | California - 1880 - 864 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. libel salt— answer In, 9 Cal. 929; 10 Cal. 371. Truth— 41 Cal. 379; 47 Cal. 253; 50 Cal. 631 ;... | |
 | South Carolina, Robert A. Lynch - 1880 - 256 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, in action to SEC. 189. In an action to recover the possession of property disrecover proper- . J ty... | |
 | California, Nathan Newmark - 1880 - 786 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. Libel suit— answer In, 9 Cal. 529; 10 Cal. 371. truth— 41 Cal. 379; 47 Cal. 253; 50 Cal. 031 ;... | |
 | Nevada. Supreme Court - 1881 - 540 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." (Civ. Pr. Act, sec. 63.) As the answer of the defendant did not put in issue the question, whether... | |
 | North Carolina, Walter Clark - 1884 - 550 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. An answer alleging that the defendant ''did not speak the words charged with malice, but that he was... | |
 | Utah - 1884 - 666 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. trial, that it was so published or spoken. Allegations not . . ,11.1 p it. SEC. 532. Every material... | |
 | Nevada - 1885 - 1332 pages
...defamatory, and any mitigating circumstances to reduce the amount of the damages ; and, whether he prove the justification or not, he may give in evidence the mitigating circumstances. Thompson v. Powning, 15 Xev. 195. 3086. SEC. 64. The plaintiff may unite several causes. of several... | |
 | 1889 - 908 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." Other states have a like legislative provision concerning the rights of defendants in actions for damages... | |
 | North Carolina, Walter Clark - 1892 - 950 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. Mitigation of damages. — In actions for defamation under the former system of pleading, evidence... | |
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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,... 
