 | William H. R. Wood - 1857 - 834 sider
...to substantial justice between the parties. ART. 805, Sec. 71. The court shall, in every stage of an . 12, Sec. 12. Where it shall appear that there has been an actual parties ; and no judgment shall be reversed or affected by reason of such error or defect. ART. 806.... | |
 | 1857 - 610 sider
...has not been prejudiced. Section 176 of the Code requires the court in every stage of an action to disregard any error or defect in the pleadings or...which shall not affect the substantial rights of the ad verse party ; and declares that no judgment shall be reversed or affected by reason of such error... | |
 | Oliver Lorenzo Barbour, New York (State). Supreme Court - 1858 - 724 sider
...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... | |
 | John Duer, New York (State). Superior Court (New York) - 1856 - 754 sider
...York v. The Mayor and Aldermen of the City of New York, Ac. " The court shall, in every stage of an action, disregard any error or defect in the pleadings...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... | |
 | Iowa. Supreme Court - 1858 - 708 sider
...§ 176, (vide Van Santvoord's Pleading, 531, 532,) provides: " The court shall, in every stage of an action, disregard any error or defect in the pleadings...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... | |
 | Austin Abbott - 1858 - 610 sider
...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 sider
...construed, with a view to substantial justice between the parties. 71. The court shall, in every stage of an action, disregard any error or defect in the pleadings...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... | |
 | United States. Supreme Court - 1858 - 676 sider
...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 can be reversed or affected by reason of such error or defect." The question to an appellate court... | |
 | Kansas - 1858 - 482 sider
...proceedings SoWfteetinB which does not affect the substantial rights of the adverse party, riAuofpartiM and no judgment shall be reversed or affected by reason of such ed. error or defect. ma>be "anted SEC' ^®' That, when either party shall amend any pleading upon affidavit,... | |
 | New York (State). Court of Common Pleas (City and County of New York), Henry Hilton - 1859 - 666 sider
...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... | |
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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. 
