 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 Pacific Reporter - Page 4041906Full view - About this book
 | New York (State) - Session laws - 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... | |
 | New York (State). Commissioners on Practice and Pleadings - Civil procedure - 1848 - 904 pages
...shall be bound to establish, on the trial, that it was so published or spoken. § J42. In the actions mentioned in the last section, the defendant may,...Charged as defamatory, and any mitigating circumstances, sufficient in law to reduce the amount of damages; and whether he prove the justification or not, he... | |
 | New York (State). Legislature - Law - 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... | |
 | Missouri - 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... | |
 | New York (State). - Civil procedure - 1850 - 920 pages
...establish, on the trial, that it was so published or spoken. Amended Code, § 164. § 661. In the actions mentioned in the last section, the defendant may in...may give in evidence the mitigating circumstances. Amended Code, § 165. § 662. In an action to recover the possession of property distrained for doing... | |
 | Law - 1851 - 520 pages
...of its passage, and the court shall thereupon take judicial notice thereof. " S. 165. In the actions mentioned in the last section, the defendant may,...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... | |
 | New York (State), Member of the New-York Bar - Civil procedure - 1851 - 410 pages
...175. See note to section 142 of this code. § 165. [142.] Answer in such cases. — In the actions mentioned in the last section, the defendant may,...may give in evidence the mitigating circumstances. In slander for charging the plaintiff with being a thief, an answer which merely stated, that what... | |
 | New York (State). - Civil procedure - 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... | |
 | New York (State), Henry Strong McCall - Civil procedure - 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... | |
 | New York (State) - Session laws - 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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