 | Oliver Lorenzo Barbour, New York (State). Supreme Court - 1858 - 718 σελίδες
...12 How. Pv. Rep. 322, 293; 11 id. 168.) The language of section 176 of that act is imperative, that "the court shall, in every stage of an action, disregard...reversed or affected by reason of such error or defect." And when the courts construe the allegations of pleadings liberally, (as section 159 of the code enjoins,)... | |
 | John Duer, New York (State). Superior Court (New York) - 1856 - 754 σελίδες
...conformable thereto" (id. 175). State of New York v. The Mayor and Aldermen of the City of New York, Ac. " The court shall, in every stage of an action, disregard...reversed or affected by reason of such error or defect" (id. 176). So far as the merits of the controversy depend upon considerations growing out of the terms... | |
 | Oliver Lorenzo Barbour, New York (State). Supreme Court - 1858 - 724 σελίδες
...176.) Again, by section 176 of the code it is provided that " the court shall in every stage of the action, disregard any error or defect in the pleadings...reversed or affected by reason of such error or defect/' There is some difficulty in applying the facts of this case to cither count of the complaint. They... | |
 | Iowa. Supreme Court - 1858 - 708 σελίδες
...particularity, the Code of New York, § 176, (vide Van Santvoord's Pleading, 531, 532,) provides: " The court shall, in every stage of an action, disregard...shall not affect the substantial rights of the adverse part}'; nnd no judgment shall be reversed or affected by reason of such error or defect." In commenting... | |
 | California, Henry Jacob Labatt - 1858 - 586 σελίδες
...allegations shall be liberally construed, with a view to substantial justice between the parties. 71. 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. 1. The error... | |
 | Austin Abbott - 1858 - 610 σελίδες
...have this power not only conferred upon them by express enactment (Code. § 173), but are required "to disregard any error or defect in the pleadings or...affect the substantial rights of the adverse party." (Code, § 176.) This being the rule in courts where formerly adherence to strict form has often been... | |
 | California - 1858 - 320 σελίδες
...defect in the pleadings or proceedings, 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. 1. The error in an answer entitled in the "supreme," instead of the "superior," court, may be disregarded.... | |
 | United States. Supreme Court - 1858 - 676 σελίδες
...prosecute their writ of error to this court. The statutes of Minnesota prescribe : "That the court must in every stage of an action disregard any error or defect in the pleadings and proceedings which does not affect the substantial rights of the adverse party, and no judgment... | |
 | New York (State). Court of Common Pleas (City and County of New York), Henry Hilton - 1859 - 666 σελίδες
...176 of the Code, the court are required at every stage VOL. I. 27 Badger v. Benedict of an action to disregard any error or defect in the pleadings or...affect the substantial rights of the adverse party, and the application of that section would seem to imj ose upon courts the duty to disregard a mere matter... | |
 | Kansas - 1859 - 726 σελίδες
...l_ i л • ,ot »«MI rights, gard any error or detect in the pleadings or proceedings which does not affect the substantial rights of the adverse party,...judgment shall be reversed or affected by reason of such erroi or defect. whtBuiTer» SEC. 149. If the demurrer be sustained, the adverse party may pin jnii.v... | |
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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. 
