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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 Law of Libel and Slander in Civil and Criminal Cases: As Administered in ... - Page 650
by Martin L. Newell - 1898 - 1025 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
...publication. Page 155. Amend § 142, to read as follows: § 142. In the actions mentioned in the last section, the defendant may, in his answer, allege both 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
...spoken. Answer in § l42. In the actions mentioned in the last section, the de£en{jant ma^ JQ j^g ansWer, allege both the truth of the matter 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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The Western Journal, of Agriculture, Manufactures, Mechanic Arts ..., Volume 1

1848 - 718 pages
...mitigating circumstances legally admissible in evidence, to reduce the amount of damages ; and whether be prove the justification or not, he may give in evidence the mitigating circumstances. The plaintift may also unite several causes of action in the same action where they ail arise out of contract,...
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The Code of Civil Procedure of the State of New York: Reported ..., Volume 2

New York (State). - 1850 - 920 pages
...so published or spoken. Amended Code, § 164. § 661. In the actions mentioned in the last section, the defendant may in his answer, allege both the truth...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 Law Magazine: Or, Quarterly Review of Jurisprudence, Volume 14; Volume 45

1851 - 520 pages
...shall thereupon take judicial notice thereof. " S. 165. In the actions mentioned in the last section, the defendant may, in his answer, allege both 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, as Amended July 10, 1851: With Copious Notes to Each ...

New York (State), Member of the New-York Bar - 1851 - 410 pages
...of this code. § 165. [142.] Answer in such cases. — In the actions mentioned in the last section, the defendant may, in his answer, allege both 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 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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