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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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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 - 608 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." That, of course, is only read in connection with the other section ; and, as I indicated, is more a...
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The Code of Civil Procedure of the State of California in Four Parts

California - 1923 - 952 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 - 600 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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Cases in Code Pleading with Summaries of Doctrine Upon Several Heads of that ...

Charles Albert Keigwin - 1926 - 898 pages
...any mitigating circumstances suflicient in law to reduce the amount of damages; and whether he prove the justification or not, he may give in evidence the mitigating circumstances. These enactments are (in substance at least) embodied in the later codes. In addition most of the codes...
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The Law of Newspapers: A Text and Case Book for Use in Schools of Journalism ...

William Reed Arthur, Ralph L. Crosman - 1928 - 408 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. 8263. Libel Defined. — A libel is a malicious defamation, expressed either by writing, printing,...
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The Southeastern Reporter, Volume 87

1916 - 1142 pages
...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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Constitution, Members, Proceedings, Papers and Addresses, Volume 4

Vermont Bar Association - 1895 - 462 pages
...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 - 852 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." 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 - 1002 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." 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 - 3652 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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