 | New York (State). Court of Common Pleas (City and County of New York), Henry Hilton - 1859 - 672 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...shall not affect the substantial rights of the adverse part}-, and the application of that section would seem to impose upon courts the duty to disregard... | |
 | New York (State). Court of Appeals, Erasmus Peshine Smith, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Joel Tiffany, Samuel Hand - 1860 - 650 σελίδες
...court governing this case when the decree below was pronounced; and the 176th section provides that the court shall, in every stage of an action, disregard...affect the substantial rights of the adverse party, &c. Peck against Mallams. The mantle of charity which this statute throws over the defects of pleadings,... | |
 | California - 1860 - 388 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... | |
 | New York (State). Court of Common Pleas (City and County of New York) - 1860 - 662 σελίδες
...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... | |
 | Wisconsin. Supreme Court, Abram Daniel Smith, Philip Loring Spooner, Obadiah Milton Conover, Frederic King Conover, Frederick William Arthur, Frederick C. Seibold - 1861 - 634 σελίδες
...the action or defence, 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... | |
 | Illinois. Supreme Court - 1918 - 716 σελίδες
...pleadings and proceedings which do not affect the substantial rights of the adverse party, and that no judgment shall be reversed or affected by reason of such error. In Oborn v. State of Wisconsin, 143 Wis. 249, (31 LRA [NS] 966,) the court said the general trend of... | |
 | California - 1863 - 756 σελίδες
...individual. 1 Cal. 98. § 71. No error or defect to be regarded, unless it affects the subttantial rights. The Court shall, in every stage of an action,...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. TITLE V.... | |
 | Thomas Berry Cusack Smith - 1863 - 140 σελίδες
...discovered, the pleading or proceeding may be amended accordingly." Section 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... | |
 | Idaho (Ter.) - 1864 - 762 σελίδες
...allegations shall be liberally construed, with a view to substantial justice between the parties. SEC. 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. TITLE CHAPTER... | |
 | Idaho - 1864 - 734 σελίδες
...and, when his true name is discovered, the pleading or proceeding may be amended accordingly. SEC. 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. TITLE CHAPTER... | |
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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... 
