 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 adverse party ; and no judgment shall be reversed or affected by reason of such error or defect.  The Pacific Reporter - Page 1851911Full view - About this book
 | New York (State). Commissioners on Practice and Pleadings - Civil procedure - 1850 - 898 pages
...be amended accordingly. Amended Code, § 175. § 672. The court must, in every stage of an action, disregard any error, or defect, in the pleadings or...affect the substantial rights of the adverse party ; and no judgment can be reversed or affected by reason of such error or defect. Jmendid Code, $ 176.... | |
 | Civil procedure - 1857 - 610 pages
...defendant 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 proceedings, which shall not affect the substantial rights of the ad verse party ; and declares that no judgment shall... | |
 | Kansas - Session laws - 1859 - 728 pages
...action, must disi-erfgarded which do .. 1 ж • 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, and no judgment shall be reversed or affected by reason of such erroi or defect. whtBuiTer» SEC. 149.... | |
 | Thomas Berry Cusack Smith - Law reform - 1863 - 140 pages
...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...affect the substantial rights of the adverse party; and no judgment can be reversed or affected by reason of such error or defect." Section 673. — "... | |
 | Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - Law reports, digests, etc - 1865 - 722 pages
...can complain. The statute expressly provides, that " the court must, in every stage of the action, disregard any error or defect in the pleadings or...affect the substantial rights of the adverse party, and no judgment can be reversed or affected by reason of such error or defect." 2 G. & iI. 122, sec.... | |
 | Anthony L. Robertson - Law reports, digests, etc - 1868 - 780 pages
...substantial justice between the parties. Section 176 requires the court, in every stage of the action, to disregard any error or defect in the pleadings or proceedings which shall not affect the substantial rights of the adverse party. Either the one or the other, or both,... | |
 | Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - Law reports, digests, etc - 1869 - 712 pages
...fairly tried, and a just conclusion arrived at. Under such circumstances, it is the duty of this court to disregard any error or defect in the pleadings or proceedings which did not affect the substantial rights of the party complaining. 2 G. & H., § 101, p. 122. The judgment... | |
 | Wyoming - Law - 1870 - 808 pages
...conformable thereto by amendment. m»r<- rdof SEC. -^9. The court, in every stage of action, must defect*. disregard any error or defect in the pleadings or proceedings which does not effect the substantial rights of the adverse party ; and no judgment shall be reversed or effected... | |
 | Oliver Lorenzo Barbour - Law reports, digests, etc - 1871 - 756 pages
...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 or proceedings, which shall not affect the substantial rights of the adverse party, and they are forbidden to reverse a judgment... | |
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