 | Minnesota. Supreme Court - 1882 - 616 pages
...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... | |
 | California - 1925 - 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. 462. Every material allegation of the complaint, not controverted by the answer, must, for the purposes... | |
 | 1928 - 1638 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," but, in the absence of a plea in justification or mitigation, evidence of the truth of the charge is... | |
 | Wisconsin. Supreme Court, Abram Daniel Smith, Philip Loring Spooner, Obadiah Milton Conover, Frederic King Conover, Frederick William Arthur, Frederick C. Seibold - 1898 - 780 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 circumstanr.es. Ibiti, 6. In an action... | |
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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,... 
