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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. "
Reports of Practice Cases, Determined in the Courts of the State of New York ... - Side 380
av Austin Abbott - 1858
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Treatise on the Civil and Criminal Jurisdiction of Justices of the Peace and ...

Charles W. Langdon - 1870 - 858 sider
...Shaw, 33 Cal. 425. CHAPTER XCV. VARIANCE. SECTION 1. The court shall, in every stage of an action, disregard any error or defect in the pleadings or...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. Pr. Act,...
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Reports of Cases in Law and Equity in the Supreme Court of the ..., Volum 57

Oliver Lorenzo Barbour - 1871 - 756 sider
...id. 355.) In this last case, Judge Denio says: "The courts are directed, in every stage of an action, to disregard any error or defect in the pleadings...affect the substantial rights of the adverse party, and they are forbidden to reverse a judgment for any such error or defect. (Code, § 176.) The learned...
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The Code of Procedure of the State of New York: As Amended to 1871, with ...

New York (State), William Wait - 1871 - 1034 sider
...affect substantial rigJits. The court shall, in every stage of an action, disregard any error or de feet 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. a. What may be disregarded.—...
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Laws, Resolutions, and Memorials of the Territory of Montana Passed at the ...

Montana (Ter.) - 1872 - 802 sider
...to substantial justice between the parties. Sec. 79. The court shall, in every stage of an action, disregard any error or defect in the pleadings or...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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North Carolina Reports: Cases Argued and Determined in the Supreme ..., Volum 67

North Carolina. Supreme Court - 1872 - 568 sider
...Court, and the Judge thereof, gjial} in pvery stagp OATKN, WILLIAMS & Co. «. KENDALL. of the action disregard any error or defect in the pleadings or proceedings which shall not aftect the substantial rights of the adverse party." We think the other objection can not avail the...
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Reports of Cases Argued and Determined in the Supreme Court of ..., Volum 1

Henry Nichols Blake, Montana. Supreme Court, Cornelius Hedges (Reporter), Horace Riverside Buck (Reporter), Fletcher Maddox (Reporter) - 1873 - 760 sider
...Section 79, page 42, of our practice act provides that •' the court shall, in every stage of an action, disregard any error or defect in the pleadings or...which shall not affect the substantial rights of the parties, and no judgment shall be reversed or affected by reason of such error or de feet." As the...
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The American Law Register, Volum 14;Volum 23

1875 - 842 sider
...chapter, given, among others, this additional mandate: " The court shall, in erery stage of the action, disregard any error or defect in the pleadings or...affect the substantial rights of the adverse party :" 2 WS § 5, p. 1034. Now, it is difficult to conceive in what way the " substantial rights" of the...
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Reports of Cases Determined in the Supreme Court of the State of ..., Volum 2

California. Supreme Court - 1875 - 692 sider
...any other respect." And the 7th section provides that, "the Court shall, in every stage of an action, disregard any error or defect in the pleadings or...which shall not affect the substantial rights of the parties." Under these provisions, the only legitimate inquiry of the Court should be, whether or not...
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Code of Procedure of the State of New York: With Art. VI of the Constitution ...

New York (State) - 1875 - 498 sider
...pleading or proceeding may he amended accordingly. 2 170. The court shall, in every stage of pn action, disregard any error or defect in the pleadings or proceedings which shall not affect the suhstantial rights of the adverse party; and no jndgment shall he reversed or affected hy reason of...
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Humorous Phases of the Law

Irving Browne - 1876 - 212 sider
...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...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...
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