| 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... | |
| 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... | |
| 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... | |
| 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:... | |
| 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:... | |
| 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... | |
| 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... | |
| 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... | |
| 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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