 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.  The Northeastern Reporter - Side 3261925Uten tilgangsbegrensning - Om denne boken
 | 1879 - 552 sider
...ground for reversal. The Revised Statutes of South Carolina provide (§ 199) that "the court shall iu every stage of the action disregard any error or defect in the pleading or proceedings which shall not affect the substantial rights of the adverse party, and no... | |
 | New York (State) - 1879 - 436 sider
...in every stage of the action, the court must disregard an error or defect in the pleadings or other proceedings, which does not affect the substantial rights of the adverse party. § 724. The court may likewise, in its discretion, and upon such terms as justice requires, at any... | |
 | North Carolina. Supreme Court - 1880 - 792 sider
...the case made by the complaint and embraced within the issue. Id., § 249. The court or judge shall in every stage of the action disregard any error or defect in the pleadings which shall not affect the substantial rights of the adverse party, and no judgment shall be reversed... | |
 | 1881 - 1980 sider
...in every stage of the action the court must disregard an error or defect, in the pleadings or other proceedings, which does not affect the substantial rights of the adverse party." These provisions are, however, substantially identical with those of the former Code, §§ 173, 176.... | |
 | New York (State) - 1880 - 668 sider
...in every stage of the action, the court must disregard an error or defect, in the p!eadings or other proceedings, which does not affect the substantial rights of the adverse party .(•) [Co. Proc., § 173, and part of 8 176. The only limit to the power to amend pleadings upon the... | |
 | 1880 - 556 sider
...'in furtherance of justice' and on proper terms. And finally, ' 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."' The New York Times well says of our... | |
 | Nebraska, Guy Ashton Brown - 1881 - 842 sider
...1875.] SEC. 145. [Immaterial errors disregarded.] — The court, in every stage of an action, must disregard any error or defect in the pleadings or...substantial rights of the adverse party ; and no judgment shall be reversed or affected by reason of such error or defect. SEC. 146. [Demurrer sustained —... | |
 | Ohio State Bar Association - 1904 - 256 sider
...5115, Rev. Stat., there is a mandatory provision that, "The court, in every stage of an action, must disregard any error or defect in the pleadings or...affect the substantial rights of the adverse party." This command to the judges ought to be blazoned on the walls of every court room; for it is of the... | |
 | Timothy Walker - 1882 - 850 sider
...do not substantially change the claim or defence. And in every stage of the action, the court must disregard any error or defect in the pleadings or...affect the substantial rights of the adverse party, and not reverse a judgment hy reason thereof. No variance is to he deemed material, unless it has actually... | |
 | 1882 - 692 sider
...prejudicial. The Code, section 138 (RS 5115), requires that "the court in 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 adveree party, and no judgment shall be reversed or affected by reason of such error or defect."... | |
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