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Βιβλία Βιβλία 51 - 60 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 Decisions of the Supreme Court of the State of Nevada, Τόμος 3

Nevada. Supreme Court - 1868
...a defective bill. The seventyfirst section of our Practice Act provides as follows : " Section 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." It is impossible...

The Civil Practice Act of the State of California

California, Theodore Henry Hittell - 1868 - 393 σελίδες
...322; 10 Cal. 317; 28 Cal. 673; 30 Cal. 570; 32 Cal. 176, 639.] Errors and defects, what to he d §71. The court shall, in every stage of an action, disregard...in the pleadings, or proceedings, which shall not efiect the suhstantial rights of the parties ; and no judgment shall he reversed or affected hy reason...

Reports of Cases Argued and Determined in the Superior Court of the City of ...

Anthony L. Robertson - 1868
...substantial justice between the parties. Section 176 requires the court, in every stage of the action, to disregard any error or defect in the pleadings or...affect the substantial rights of the adverse party. Either the one or the other, or both, of these requirements must have been overlooked by the court...

The Constitution of South Carolina: Adopted April 16, 1868, and the Acts and ...

South Carolina - 1868
...Error of aeror or defect in the pleadings or proceedings, which shall not aft'oct the regarded? dla~ substantial rights of the adverse party ; and no judgment...reversed or affected by reason of such error or defect. SEC. 200. The Plaintiff and Defendant respectively may be allowed, stmpiementon motion, to make a supplemental...

The Civil Practice Act of the State of California

California, Theodore Henry Hittell - 1868 - 393 σελίδες
...317; 28 Cal. 673; 30 Cal. 570; 32 Cal. 176, 639.] Errors and defects, what to he disregarded. § 71. The court shall, in every stage of an action, disregard...or defect in the pleadings, or proceedings, which sha'.I not effect the suhstantial rights of the parties; and no judgment shall he reversed or affected...

North Carolina Reports: Cases Argued and Determined in the Supreme ..., Τόμος 70

North Carolina. Supreme Court - 1874
...that by sec. 135 it is declared, that " the Court and the Judge thereof, shall, in every stage ot the action, disregard any error or defect in the pleadings...shall not affect the substantial rights of the adverse part}' ; and no judgment shall be reversed or affected by reason of such error or defect." And then,...

The Code of Procedure of the State of New York: From 1848 to 1871 ...

1870 - 361 σελίδες
...discovered, the pleading or proceeding may be amended accordingly. § 176. (Being § 151 of 1848.) The court shall, in every stage of an action, disregard...reversed or affected by reason of such error or defect. § 177. (Being § 152 of 1848.) The plaintiff and defendant, respectively, may be allowed, on motion,...

The Code of Procedure of the State of New York, as Amended to 1870: With ...

1870 - 861 σελίδες
...note to § 176.) § 176. Errors disregarded. The court shall, in every stage of an action,disregard any error or defect in the pleadings or proceedings...reversed or affected by reason of such error or defect. f. This section does not make valid a bad pleading, when the defects are made the grounds of demurrer...

Albany Law Journal, Τόμος 1

1870
...alway8, on motion, amend the pleading "in furtherance of justice" and on proper terms. And, finally, " the court shall, in every stage of an action, disregard...affect the substantial rights of the adverse party." Now, of course, the intricacy of such a system must be very embarrassing to such simple and inexperienced...

Albany Law Journal, Τόμος 22

1880
...always, on motion, amend the pleading 'in furtherance of justice ' and on proper terms. And finally, ' the court shall, in every stage of an action, disregard...affect the substantial rights of the adverse party.'" The New York Times well says of our Code: "It discarded at once the perplexing sinuosities of law practice...




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