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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 Cases Argued and Determined in the Ohio Circuit Courts...: Ohio ... - Page 229
by William John Tossell - 1918
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Corpus Juris: Being a Complete and Systematic Statement of the ..., Volume 17

William Mack, William Benjamin Hale - Law - 1919 - 1414 pages
...defect in the pleadings which has not affected the substantial rights of the adverse party, and that no Judgment shall be reversed or affected by reason of such error or defect, is salutary and Just, equally in criminal as in civil cases. Real v. Peo., 55 Barb. 551, 8 AbbPrNS...
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A Selection of Cases and Other Authorities on Civil Procedure in Actions at Law

Austin Wakeman Scott - Civil procedure - 1919 - 770 pages
...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. SEC. 1851. After final judgment rendered in any cause, the court may, in furtherance of justice, and...
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Carroll's Civil and Criminal Codes of Practice of Kentucky: With Notes of ...

Kentucky - Civil procedure - 1919 - 1168 pages
...defect in the 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. (Party in fault must pay cost of, sec. 1 13 ; Ky. Stat., sec. 887 ; amendment of affidavit for attachment,...
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Annual Report of the American Bar Association: Including ..., Volume 45

American Bar Association - Bar associations - 1920 - 852 pages
...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," have been in force since 1856, the court came gradually to the proposition that -error was presumed...
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The Pacific Reporter, Volume 190

Law reports, digests, etc - 1920 - 1348 pages
...introduced In evidence, over objection, the loose leaves from the ledger which contained defendant's shall be reversed or affected by reason of such error or defect." [2] 2. Plaintiff kept a garage In Butte, and was engaged in the business of repairing au- : account|...
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Reports of Cases in the Supreme Court of Nebraska, Volume 106

Nebraska. Supreme Court, David Allen Campbell, Guy Ashton Brown, Lorenzo Crounse, Walter Alber Leese, Lee Herdmen, Henry Clay Lindsay, Henry Paxon Stoddart - Law reports, digests, etc - 1922 - 980 pages
...which does not Graham v. City of Lincoln. affect the substantial rights of the adverse party ; and no judgment shall be reversed or affected by reason of such error or defect." In the instant case it appears upon the face of the record that the admission to probate of the will does...
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A Treatise on Pleading and Practice in Courts of Record in Civil ..., Volume 1

Arthur B. Honnold - Civil procedure - 1922 - 894 pages
...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." " ยง 662. Cure of error Omission of material allegations in a petition or complaint may be supplied...
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Montana Bar Association. Proceedings of the Annual Meeting of the Montana ...

Montana Bar Association - Bar associations - 1925 - 724 pages
...defect in the pleadings or proceedings which does not affect the substantial rights of the parties, and no judgment shall be reversed or affected by reason of such error or defect." All of chapter seventeen, part three of the present Code of Civil Procedure, which has reference to...
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Cases in Code Pleading with Summaries of Doctrine Upon Several Heads of that ...

Charles Albert Keigwin - Code pleading - 1926 - 898 pages
...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," that in all circumstances a recovery, consistent with the evidence and [the] facts pleaded, but not...
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Code Pleading in the Western States, with Forms: Adapted to ..., Volume 1

Bancroft-Whitney Company - Code pleading - 1926 - 1208 pages
...error or defect in the pleadings which does not affect the substantial rights of the parties and that no judgment shall be reversed or affected by reason of such error or defect.10 A mere defect in pleading is not such a cause; to justify a reversal a pleading must not...
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