509.210. Libel and slander, averments--defenses.
Libel and slander, averments--defenses.
509.210. In an action for libel or slander, it shall not benecessary to state in the petition any extrinsic facts, for thepurpose of showing the application to the plaintiff of thedefamatory matter out of which the claim arose, but it shall besufficient to state, generally, that the same was published orspoken concerning the plaintiff; and if such allegation be notcontroverted in the answer, it shall not be necessary to prove iton the trial; in other cases it shall be necessary. Thedefendant may, in his answer, allege both the truth of the mattercharged as defamatory and any mitigating circumstances admissiblein evidence to reduce the amount of damages; and whether he provethe justification or not, he may give in evidence the mitigatingcircumstance.
(L. 1943 p. 353 § 53)