38-2-9. [Truth and mitigating circumstances in action for libel or
83 words·~1 min read·
/nm/chapter-38-trials/article-2-pleadings-and-motions/38-2-9·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
slander.]
In the actions mentioned in the last preceding section [repealed], the defendant may, in his answer, allege both the truth of the matter charged as defamatory and any mitigating circumstances admissible in evidence, to reduce the amount of damages, and whether he prove the justification or not, he may give mitigating circumstances in evidence.
History: Laws 1897, ch. 73, § 75; C.L. 1897, § 2685 (75); Code 1915, § 4155; C.S. 1929, § 105-531; 1941 Comp., § 19-409; 1953 Comp., § 21-4-9.