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Βιβλία Βιβλία 21 - 30 από 186 για The court shall, in every stage of an action, disregard any error or defect in the....
" 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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Reports of Cases in Law and Equity Determined in the Supreme Court of the ...

Oliver Lorenzo Barbour - 1858
...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,)...

Reports of Cases Argued and Determined in the Superior Court of ..., Τόμος 10

John Duer - 1856
...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...

Reports of Cases in Law and Equity Determined in the Supreme Court of the ...

Oliver Lorenzo Barbour - 1858
...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...

Reports of Cases in Law and Equity, Determined in the Supreme Court ..., Τόμος 4

Iowa. Supreme Court, William Penn Clarke, Thomas Foster Withrow, Edward Holcomb Stiles, John S. Runnells, B. W. Hight, Ezra Christian Ebersole - 1858
...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...

The California practice act: being an act entitled "An act to regulate ...

California, California. Supreme Court - 1858 - 302 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...

Reports of Practice Cases, Determined in the Courts of the State of ..., Τόμος 6

Austin Abbott, Benjamin Vaughan Abbott - 1858
...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...

The California practice act: being an act entitled "An act to regulate ...

California, California. Supreme Court - 1858 - 302 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....

Reports of Cases Argued and Adjudged in the Supreme Court of the ..., Τόμος 20

United States. Supreme Court, William Cranch, Henry Wheaton, Richard Peters, Benjamin Chew Howard, Jeremiah Sullivan Black - 1858
...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...

Reports of Cases Argued and Determined in the Court of Common Pleas ..., Τόμος 1

Henry Hilton - 1859
...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...

General Laws of the Territory of Kansas

Kansas - 1859
...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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