Kennedy v. Holborn
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Hacine County. Action for slander, in charging the plaintiff with having stolen two bottles of wine. The facts are sufficiently stated in the opinion of the court. cited R. S. chap. 125, § . 26; Graham vs. Stone, 6 How.
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APPEAL from tbe Circuit Court for Hacine County. Action for slander, in charging the plaintiff with having stolen two bottles of wine. The facts are sufficiently stated in the opinion of the court. cited R. S. chap. 125, § . 26; Graham vs. Stone, 6 How. Pr., 15; Brown vs. Orvis, id., 376; Bush vs. Prosser, 1 Kern., 347; 13 Barb., 22; Bisbey vs. Shaw, 2 Kern., 67; 15 Barb., 578. 1. All the evidence given on the part of the defendant was given with a view to justify the charge. The statute, §§ 26 and 27, ch. 125, does not change the law from what it was prior to its passage, in reference to…
1Opinion of the Court
*458By the Court,
Cole, J.
Oar statute provides, that in actions for libel or slander, 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, he may give in evidence the mitigating circumstances. R. S., sec. 27, chap. 125. This provision was undoubtedly enacted for the purpose of changing the rule which prevailed in New York, before the adoption of the code, and in some of the other states, which held that no evidence in mitigation of damages could…
2Cited by9 opinions
- Wilson v. NoonanWisconsin Supreme Court · 1874
- Democrat Publishing Co. v. JonesTexas Supreme Court · 1892
- Lauder v. JonesNorth Dakota Supreme Court · 1904
- Candrian v. MillerWisconsin Supreme Court · 1898
- Thompson v. PowningNevada Supreme Court · 1880
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