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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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Reports of Civil and Criminal Cases Decided by the ..., Volume 31; Volume 139

Kentucky. Court of Appeals, James Hughes, Achilles Sneed, Martin D. Hardin, George Minos Bibb, Alexander Keith Marshall, William Littell - Law reports, digests, etc - 1911 - 966 pages
...or 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." The amendment did change substantially the claim. It should not have been filed. But when the court...
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American law reports annotated, Volume 15

1921 - 1618 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...
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Constitution, Members, Proceedings, Papers and Addresses, Volume 4

Vermont Bar Association - Bar associations - 1895 - 462 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. 152. The plaintiff and defendant respectively, may be allowed, on motion, to make a supplemental...
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Mississippi Reports ... Being Cases Argued and Decided in the ..., Volume 37

Mississippi. Supreme Court - Law reports, digests, etc - 1860 - 774 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." Nor is the case before us affected by the decision in the case of Masters et al. v. Dunn et al., 30...
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Reports of Cases Determined in the District Courts of Appeal of ..., Volume 11

Law reports, digests, etc - 1910 - 968 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. Bower, 72 Cal. 555, [14 Pae. 206], it is said:...
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Reports of Cases Determined in the Courts of Appeal of the State ..., Volume 11

Law reports, digests, etc - 1910 - 832 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. Bower, 72 Cal. 555, [14 Pac. 206], it is said:...
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Proceedings ..., Volume 35

New York State Bar Association - Bar associations - 1912 - 1128 pages
...too, our reviewing Courts are held to the same disregard of technicalities : " In every stage of an action, the Court must disregard any error or defect...reversed or affected by reason of such error or defect." It is not to be assumed that our Code of Civil Procedure is perfect. In several important respects...
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Report of a Special Meeting ... and the ... Annual Meeting of the ..., Volume 27

Colorado Bar Association - Bar associations - 1924 - 462 pages
...defect in the pleadings or proceedings 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. That provision is practically made a part of every section of the Code, and should be constantly borne...
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Proceedings of the ... Annual Meeting of the Iowa State Bar Association ...

Iowa State Bar Association - Bar associations - 1911 - 796 pages
...or 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." Section 3754 reads : "MUST BE ON MATERIAL POINT. No exception shall be regarded in the Supreme Court...
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Reports of Cases Determined in the Supreme Court of the State of ..., Volume 117

California. Supreme Court - Law reports, digests, etc - 1906 - 858 pages
...error or defect in the 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 the face of this provision appellant's contention cannot be sustained. It is also contended by appellant...
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