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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 Code of Civil Procedure of the State of California: Adopted March 11 ... - Page 163
by California, Nathan Newmark - 1880 - 763 pages
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Laws of the State of New York, Volume 1

New York (State) - 1849 - 864 pages
...the defendant Amwei in may, in his answer, allege both the truth of the matter charged as *uch CMe$1 defamatory, and any mitigating circumstances, to reduce...may give in evidence the mitigating circumstances. § 1 66. In action to recover the possession of property distrain- IB actions to ed doing damage, an...
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First[-Fourth] Report of the Commissioners on Practice and Pleadings ...

New York (State). Commissioners on Practice and Pleadings - 1848 - 904 pages
...the time prescribed by the order for publication. Page 155. Amend § 142, to read as follows: § 142. In the actions mentioned in the last section, the...charged as defamatory, and any mitigating circumstances, legally admissible in evidence, to reduce the amount of damages ; and whether he prove the justification...
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Laws of the State of New York Passed at the Sessions of the Legislature

New York (State). Legislature - 1848 - 672 pages
...the matter charged as defamatory, and any mitigating circumstances legally admissible in evidence, to reduce the amount of damages ; and whether he prove...may give in evidence the mitigating circumstances. ases. § 143. The plaintiff may unite several causes of action in whatcanthe same complaint, where...
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The Code of Civil Procedure of the State of New York: Reported ..., Volume 2

New York (State). - 1850 - 898 pages
...plaintiff must establish, on the trial, that it was so published or spoken. Amended Code, § 164. § 661. In the actions mentioned in the last section, the...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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The Code of Procedure, as Amended July 10, 1851: With Copious Notes to Each ...

New York (State), Member of the New-York Bar - 1851 - 410 pages
...Pr. R., 171, 174, 175. See note to section 142 of this code. § 165. [142.] Answer in such cases. — In the actions mentioned in the last section, the...may give in evidence the mitigating circumstances. In slander for charging the plaintiff with being a thief, an answer which merely stated, that what...
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The Law Magazine: Or, Quarterly Review of Jurisprudence, Volume 14; Volume 45

1851 - 520 pages
...title and the day of its passage, and the court shall thereupon take judicial notice thereof. " S. 165. In the actions mentioned in the last section, the...may give, in evidence, the mitigating circumstances. " 8. 164. In an action for libel or slander, it shall not be necessary to state in the complaint any...
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The Code of Procedure of the State of New York: As Amended by the ...

New York (State). - 1851 - 266 pages
...it was so published or spoken. § 165. In the actions mentioned in the last section, the An«wer in defendant may, in his answer, allege both the truth...may give in evidence the mitigating circumstances. § 166. In an action to recover the possession of property ^r£'i'"™ distrained doing damage, an...
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The Code of Procedure of the State of New York: As Amended by the ...

New York (State), Henry Strong McCall - 1851 - 244 pages
...answer, allege both the Amended truth of the matter charged as defamatory, and any mitiga- 1944 ting circumstances, to reduce the amount of damages ; and...may give in evidence the mitigating circumstances. § 166. In an action to recover the possession of property r" a«ion« * rrr 3 to recover distrained...
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Laws of the State of New York, Volume 2

New York (State) - 1851 - 1408 pages
...that it was so published or spoken. ^ 165. In the actions mentioned in the last section, the Antwer in defendant may, in his answer, allege both the truth of the "" matter charged as defamatory, and any mitigatiiig circumstances, to reduce the amount of damages ; and whether he prove the justification...
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The Code of Procedure of the State of New York: As Amended April 16, 1852 ...

New York (State) - 1852 - 606 pages
...pleading under the code as at common law. § 165. [142.] (Amended 1849.) Answer in such cases. — In the actions mentioned in the last section, the...whether he prove the justification or not, he may jcive in evidence the mitigating circumstances. In slander for charging the plaintiff with being a...
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