Hidden fields
Books Books
" 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
Full view - About this book

Civil Process and Its Service, Volume 1

Renzo Dee Bowers - Civil procedure - 1927 - 838 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.' The error in question falls clearly within the operation of this provision, and must be disregarded."...
Full view - About this book

Report of the ... Annual Meeting of the South Dakota ..., Volume 12, Part 1911

South Dakota Bar Association - Bar associations - 1912 - 138 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." Section 2829, St. 1898. How those words grow upon one as we comprehend the conditions the Code was...
Full view - About this book

The Journal, Volume 2

Bar associations - 1928 - 174 pages
...pleadings or 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 or defect. In other • words, if substantial justice has been done, technical defects will be disregarded, and the...
Full view - About this book

The Northeastern Reporter, Volume 117

Law - 1918 - 1114 pages
...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. 24», 126 NW 737, 31 LRA (NS) 966, the court said the general...
Full view - About this book

The Insurance Law Journal: Reports of All Decisions ..., Volume 9; Volume 29

Insurance law - 1900 - 1160 pages
...not affect the substantial rights of the complaining party, and it is therein further declared that " no judgment shall be reversed or affected by reason of such error or defect." It does not appear that the company was, or that it could have been, prejudiced in the slightest degree...
Full view - About this book

California Appellate Decisions, Volume 9

California. District Courts of Appeal - Law reports, digests, etc - 1909 - 908 pages
...defect in the pleading 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." (Code Civ. Proc., sec. 475.) In the case of Gasson v. Jiinccr, 72 Cal. 555. it is said : '-Where a...
Full view - About this book

The Northwestern Reporter, Volume 48

Law reports, digests, etc - 1891 - 1278 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 ordefect." Id. §4941. Acting under a statute precisely the sa me.the court in Decker v. Trilling,...
Full view - About this book

University of Pennsylvania Law Review and American Law Register, Volume 66

Electronic journal.s - 1918 - 414 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." NEW YORK. New York Code, Civil Procedure (1912), Sec. 1317: "After hearing the appeal the court must...
Full view - About this book

Cases and Other Materials on Judicial Remedies: From the Forms of Actions ...

Austin Wakeman Scott, Sidney Post Simpson - Civil procedure - 1946 - 998 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." a cause of action in trespass to one in conversio'n, we think is clear. It follows that the court erred...
Full view - About this book

American Law Reports Annotated, Volume 15

Law reports, digests, etc - 1921 - 1620 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. In Staton v. Western Macaroni Mfg. Co. 52 Utah, 426, 174 Pac. 821, it was held that an instruction which...
Full view - About this book




  1. My library
  2. Help
  3. Advanced Book Search
  4. Download EPUB
  5. Download PDF