| South Dakota. Supreme Court - 1900 - 736 σελίδες
...Statement of Case. 7 Prac. 857, and cases there collated. Moreover, "the court shall in every stage of action, disregard any error or defect in the pleadings...reversed or affected by reason of such error or defect." Comp. Laws, § 4941. Considered as an irregularity, it must be disregarded, because appellant is not... | |
| Ohio. Supreme Court - 1863 - 738 σελίδες
...every stage of an action must disregard any error or defect in the pleadings or proceedings, which does not affect the substantial rights of the adverse party...reversed or affected by reason of such error or defect. The record shows that a judgment was in fact rendered in the case ngainst Carper shortly thereafter... | |
| 1888 - 960 σελίδες
...merits of the action or defense seem to be swept out of existence. Section 40 of chapter 125 provides: ' The court shall in every stage of an action disregard...judgment shall be reversed or affected by reason of any such error or defect.' This is evidently an error or defect which does not affect the substantial... | |
| California. Supreme Court - 1906 - 830 σελίδες
...Greenleaf on Ev., sees. 66, 67, 68.) The seventy-first section of the Practice Act provides that " the Court shall, in every stage of an action, disregard...which shall not affect the substantial rights of the parties ; and no judgment shall be reversed or affected by reason of such error or defect." This provision... | |
| California. Supreme Court - 1906 - 850 σελίδες
...furnish any ground for reversal. Section 475 of the Code of Civil Procedure declares: "The court must in every stage of an action disregard any error or defect in the pleadings or proceedings which does not affect the substantial rights of the parties, and no judgment shall be reversed or affected... | |
| California. Supreme Court - 1906 - 790 σελίδες
...plaintiff's demurrer for ambiguity. 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." (Code Civ. Proc., sec. 475.) Where a pleading is demurred to for ambiguity, we think that if the party... | |
| California. Supreme Court - 1906 - 790 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." Judgment and order affirmed. Ross, J., concurred. THORNTON, J., specially concurring. — I concur... | |
| California. Supreme Court - 1906 - 750 σελίδες
...of this state touching questions of practice is mandatory, and declares the court must, in evenstage of an action, disregard any error or defect in the pleadings or proceedings which does not affect the substantial rights of the parties. (Code Civ. Proc., sec. 475.) The statute above... | |
| New York (State). Commissioners of the Code, David Dudley Field - 1998 - 3652 σελίδες
...the pleading or proceedin; may be amended accordingly. Amended Code, § 175. § 672. The court must, in every stage of an action, disregard any error, or defect, in the pleadings or proceedings, which does not affect the substantial rights of the adverse party ; and no judgment can be reversed -or affected... | |
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