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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 Civil Procedure of the State of California in Four Parts

California - 1923 - 574 pages
...defamatory, and any mitigating circumstances, to reduce the amount of damages; and whether he prove ving party, the court, at any time before the entry of judgment, either of its Enacted March 11, 1872, re-enactment of 9 63 of Practice Act. 462. ALLEGATIONS NOT DENIED, WHEN...
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The Code of Civil Procedure of the State of California in Four Parts ...

California - 1923 - 574 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. 462. Every material allegation of the complaint, not controverted by the answer, must, for the purposes...
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The Southeastern Reporter, Volume 87

1916
...defamatory, and any mitigating circumstances to reduce the amount of damages; und whether he prove the justification or not, he may give in evidence the mitigating circumstances." But in the absence of a plea in justification or mitigation, evidence of the truth of the charge is...
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Officers and Members: Report of Proceedings of the Annual Meeting, Volume 4

Vermont Bar Association - 1895
...circumstances legally 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. SEC. 143. The plaintiff may unite several causes of action in the same complaint where they all arise...
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Reports of Cases Determined in the Supreme Court of the State of ..., Volume 41

California. Supreme Court - 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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Reports of Cases Determined in the Supreme Court of the State of ..., Volume 160

California. Supreme Court - 1912
...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 is a re-enactment of section 63 of the earlier Practice Act. It will be found that this section...
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New York Field Codes 1850-1865

New York (State). Commissioners of the Code, David Dudley Field - 1998 - 3634 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. Amended Code, 165. 662. In an action to recover the possession of property distrained for doing...
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Minnesota Reports: Cases Argued and Determined in the Supreme ..., Volume 28

Minnesota. Supreme Court - 1882
...circumstances, under Gen. St. 1878, . 66, 116, which provides that, in an action for libel or slander, "the defendant may, in his answer, allege...give in evidence the mitigating circumstances." The circumstances embraced in the five questions and answers were sufficiently pleaded in defendants' answer...
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The Code of Civil Procedure of the State of California ... the State Code of ...

California - 1925 - 582 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. 462. Every material allegation of the complaint, not controverted by the answer, must, for the purposes...
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Wisconsin Reports: Cases Determined in the Supreme Court of Wisconsin, Volume 98

Wisconsin. Supreme Court, Abram Daniel Smith, Philip Loring Spooner, Obadiah Milton Conover, Frederic King Conover, Frederick William Arthur, Frederick C. Seibold - 1898
...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 circumstanr.es. Ibiti, 6. In an action...
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