 | Kansas - 1859 - 728 sider
...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... | |
 | New York (State). Court of Common Pleas (City and County of New York), Henry Hilton - 1859 - 672 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...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... | |
 | Nebraska - 1859 - 464 sider
...proceedings, r< ^^ ' "^"^_° t which does not affect the substantial rights of the adverse "tantiai rights. party; and no judgment shall be reversed, or affected, by reason of such error or defect. §138. If the demurrer be sustained, the adverse party if demurrer msmay amend, if the defect can be... | |
 | New York (State). Court of Appeals, Erasmus Peshine Smith, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Joel Tiffany, Samuel Hand - 1860 - 650 sider
...decree below was pronounced; and the 176th section provides that the court shall, in every stage of an action, disregard any error or defect in the pleadings...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,... | |
 | New York (State). Court of Common Pleas (City and County of New York) - 1860 - 662 sider
...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 - 1860 - 388 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... | |
 | Nathan Howard (Jr.) - 1860 - 608 sider
...proceedings which shall not affect the substantial right of the party ; and it further directs that no judgment shall be reversed or affected by reason of such error or defect. Whatever view may be taken of the objections before stated, this is very clear as to the duty of the... | |
 | Illinois. Supreme Court - 1918 - 716 sider
...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... | |
 | North Dakota - 1862 - 640 sider
...or proceedings, or defects which which does not affect the substantial rights of the adverse rights. party; and no judgment shall be reversed or affected by reason of such error or defect. SECT. 136. If the demurrer be sustained, the adverse party n™urrer ««»1 J tal1ied, adverse may... | |
 | California - 1863 - 774 sider
...defect to be regarded, unless it affects the subttantial rights. 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. TITLE V.... | |
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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. 
