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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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Revisal of 1905 of North Carolina: Prepared Under Chapter Three ..., Volume 1

North Carolina, Thomas Brown Womack, Needham Y. Gulley, William R. Rodman - 1905
...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. 266; CCP, s. 125. Note. See s. 2012 et seq. 503. Allegations not denied, deemed true. Every...
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The Code of Civil Procedure of the State of California: Adopted March 11 ...

California - 1906 - 1079 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. En. March 11, 1872. Cal. Rep. Cit. 82, 528; 107, 269. Prac. Act, sec. 63. En. April 29, 1851. Cal....
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The American State Reports: Containing the Cases of General ..., Volume 112

Abraham Clark Freeman - 1907
...action for slander or libel may answer by way of justification and mitigation—either or both—or may plead mitigating circumstances in connection with...Warner v. Lockerby, 31 Minn. 421, 18 NW 145, 821; Coe v. Griggs, 76 Mo. 619; Bliss on Code Pleading, sec. 360 et seq.; 13 Ency. of PI. & Pr. 90, and...
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Revisal of 1908 of North Carolina: Being the Public and General ..., Volume 1

North Carolina - 1908
...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. 266; CCP. s. 125. See section 2012 et seq. Plea of Justification: Logan v. Hodges, 146- ;...
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Journal of Accountancy, Volume 12

1911
...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. (Revised Statutes of Colorado, 1908, Code Sec. 75.) 276 A libel is a malicious defamation expressed...
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Wisconsin Session Laws

Wisconsin - 1935
...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. SECTION 40. Section 263.43 is amended to read : 263.43 IRRELEVANT, SCANDALOUS AND INDEFINITE PLEADINGS....
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Pacific States Reports: Extra Annotated, Book 14

1906
...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'." But this doctrine of justification, by proving the truth of the charge, is sustained fully by the authorities....
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Bulletin: Journalism series

University of Missouri - 1912
...mitigating circumstances admissible in evidence to reduce the amount of damages; and whether he prove the justification or not, he may give in evidence the mitigating circumstances; but such matters of justification and mitigation shall be separately stated. — Sec. 1838. For keeping...
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The Codes of California as Amended and in Force at the Close of the Forty ...

California - 1915
...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. HiHtoryt Enacted March 11, 1872. re-enactment of {63 of Practice Act. §462. ALLEGATIONS NOT DENIED,...
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Reports of Cases Heard and Determined by the Supreme Court of ..., Volume 99

South Carolina. Supreme Court, J. S. G. Richardson, Robert Wallace Shand, Cyprian Melanchthon Efird, William Hay Townsend, Duncan C. Ray, William Munro Shand - 1915
...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." That, of course, is only read in connection with the other section ; and, as I indicated, is more a...
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