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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 Codes and General Laws of Oregon, Volume 1

Oregon - 1892 - 1154 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 or slander, answer in. — both iu mitigation and in justification, The same matter may be pleaded...
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The Code of civil procedure, and the Criminal statutes. Approved by the ...

South Carolina - 1894 - 670 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. It may be that defendant can introduce evidence to show his belief in the truth of the charge made,...
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A Treatise Upon the Law of Pleading Under the Codes of Civil Porcedure of ...

Philemon Bliss - 1894 - 858 pages
...as 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." "• This section, with the preceding one, was copied in the practice codes of other states,144 and...
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The Revised Statutes of the State of Utah in Force Jan. 1, 1898

Utah - 1897 - 1262 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. [C. L. § 3247. Cal. С. Civ. P. ? 461. buno Pub. Co., 12 U. 439; 43 P. 112. Pleas of jusEflect of...
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Wisconsin Reports, Volume 98

Wisconsin. Supreme Court, Frederic King Conover, Frederick William Arthur, Frederick C. Seibold, Arnold LeBell - 1898 - 804 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 "), actual or compensatory damages cannot be reduced by mitigating circumstances. Ibid. 6. In an action...
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The Law of Libel and Slander in Civil and Criminal Cases: As Administered in ...

Martin L. Newell - 1898 - 1136 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." * § 3. Illustrations — Digest of New York Cases under the Code.— 1. The rule formerly was that...
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The Compiled Laws of Nevada in Force from 1861 to 1900 (inclusive): With ...

Nevada - 1900 - 1246 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. LIBEL — PLEADINGS. Intent and motive of defendant may he shown to reduce damages. Thompson v. 1'owning,...
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The Northwestern Reporter, Volume 84

1901 - 1242 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 4930, Сотр. Laws. The defendant, therefore, having alleged the truth of the matter alleged...
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Supplement to the Revised Statutes of the United States ..., Volume 2, Part 2

United States - 1901 - 934 pages
...cases. 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. Answer in action SEC. 83. In an action to recover the possession of property disto recover the pos-...
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The Codes and Statutes of Oregon: Showing All Laws of a General ..., Volume 1

Oregon - 1902 - 1036 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. [L. 1862; D. Cd. § 89; H. С. § 91.] The fact that a defendant in a libel action an honest one: Upton...
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