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" The court shall, in every stage of an action, disregard any error or defect in the pleadings or proceedings which shall not affect the substantial rights of the adverse party, and no judgment shall be reversed or affected by reason of such error or defect. "
First[-Fourth] Report of the Commissioners on Practice and Pleadings ... - Σελίδα 160
των New York (State). Commissioners on Practice and Pleadings - 1848
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University of Pennsylvania Law Review and American Law Register, Τόμος 66

1918 - 414 σελίδες
...affirmatively appear. ARIZONA. Revised Statutes of Arizona, Civil Code 1913. Tit. 6, Ch. IV, No. 423. "The court shall in every stage of an action disregard...proceedings which shall not affect the substantial rights of such parties, and no judgment shall be reversed or affected by reason of such error or defect." CALIFORNIA....

Cases and Other Materials on Judicial Remedies: From the Forms of Actions ...

Austin Wakeman Scott, Sidney Post Simpson - 1946 - 998 σελίδες
...concise statement of the facts constituting each cause of action"). 2 This section provided as follows : "The court shall, in every stage of an action, disregard...reversed or affected by reason of such error or defect." a cause of action in trespass to one in conversio'n, we think is clear. It follows that the court erred...

Statehood for Alaska: Hearings Before the Subcommittee on Territorial and ...

United States. Congress. House. Committee on Interior and Insular Affairs - 1947 - 478 σελίδες
...dismissed as surplusage. Section 3461 of the Compiled Laws of A-laska (1933) provides as follows : "The court shall, in every stage of an action, disregard...affect the substantial rights of the adverse party." In Royal Palm Soap Co. v. Seaboard Air Ry. Co. (CCA 5) , 2,96 F. 448, 449, it was said : "Legal conclusions...

Statehood for Alaska. Hearings Before Subcommittee on Territorial and ...

United States. Congress. House. Public lands - 1947 - 474 σελίδες
...dismissed as surplusage. Section 34381 of the Compiled Laws of Alaska (1933) provides as follows : "The court shall, in every stage of an action, disregard...affect the substantial rights of the adverse party." In Royal Palm Soap Co. v. Seaboard Air Ry. Co. (CCA 5) , 296 F. 448, 449, it was said: "Legal conclusions...

Repeal Act Authorizing Secretary of Interior to Create Indian Reservations ...

United States. Congress. Senate. Committee on Interior and Insular Affairs - 1948 - 618 σελίδες
...likewise dismissed as surplusage. Section 3461 of the Compiled Laws of Alaska (1933) provides as follows : ''The court shall, in every stage of an action, disregard...affect the substantial rights of the adverse party." In Royal Palm Soap Co. v. Seaboard Air Line Ry Co. [CCA 5], (296 F. 448, 449) , it was said : "Legal...

American Law Reports Annotated, Τόμος 15

1921 - 1620 σελίδες
...defect in the pleadings or proceedings which does not affect the substantial rights of the parties, and no judgment shall be reversed or affected by reason of such error or defect. In Staton v. Western Macaroni Mfg. Co. 52 Utah, 426, 174 Pac. 821, it was held that an instruction...

Reports of Civil and Criminal Cases Decided by the Court of ..., Τόμος 166

Kentucky. Court of Appeals, James Hughes, Achilles Sneed, Martin D. Hardin, George Minos Bibb, Alexander Keith Marshall, William Littell - 1915 - 1026 σελίδες
...court must, in every stage of an action, disregard any error or defect in the proceedings, which does not affect the substantial rights of the adverse party;...reversed or affected by reason of such error or defect." And we think this section of the Code affords us ample authority to disregard as immaterial the error...

Reports of Civil and Criminal Cases Decided by the Court ..., Τόμος 31;Τόμος 139

Kentucky. Court of Appeals, James Hughes, Achilles Sneed, Martin D. Hardin, George Minos Bibb, Alexander Keith Marshall, William Littell - 1911 - 966 σελίδες
..."The Court must in every stage of an action disregard any error or defect in the ceedings which does not affect the substantial rights of the adverse party, and no judgment shall be reversed by reason of such error or defect." Upon reconsideration we" conclude to adhere to the opinion and...

Reports of Civil and Criminal Cases Decided by the Court ..., Τόμος 2;Τόμος 105

Kentucky. Court of Appeals, James Hughes, Achilles Sneed, Martin D. Hardin, George Minos Bibb, Alexander Keith Marshall, William Littell - 1902 - 932 σελίδες
...verdict. And this, doctrine is recognized in section 134 of the Code, which provides that the court must, in every stage of an action disregard any error or defect in the pleadings which does Western Assurance Co. v. Ray, &c. not affect the substantial rights of the adverse party,...

Reports of Cases Argued and Determined in the Supreme Court of ..., Τόμοι 75-76

Oklahoma. Supreme Court, Edward Bell Green, Frank Dale, John Henry Burford, Robert Lee Williams, Matthew John Kane, Howard J. Parker, Charles Winfield Van Eaton - 1919 - 738 σελίδες
...every stage of action must disregard any error or^defect in the pleadings or proceedings which does not affect •the substantial rights of the adverse...reversed or affected by reason of such error or defect. — Dickinson v. Whitaker, 243: I/nvr.inoe v. Henry. 250. 37. Same. If, after an examination of the...




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