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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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Acts, Resolutions and Memorials, of the Territory of Montana, Passed by the ...

Montana - Session laws - 1866 - 802 pages
...defect in the pleadings or proceedings which shall not effect the substantial rights of the parties; and no judgment shall be reversed or affected by reason of such error or defect. TITLE V. CHAPTER II. SEC. 71. The plaintiff in an action to recover possession of personal property,...
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Laws, Resolutions, and Memorials of the Territory of Montana Passed at the ...

Montana (Ter.) - Law - 1866 - 792 pages
...defect in the pleadings or proceedings which shall not effect the substantial rights of the parties; and no judgment shall be reversed or affected by reason of such error or defect. TITLE V. CHAPTER II. SEC. 71. The plaintiff in an action to recover possession of personal property,...
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The Code of Procedure of the State of New York, as Amended to 1867: With the ...

John Townshend - Court rules - 1867 - 298 pages
...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. §177. [152.] (Am'd 1849, 1866.) Supplemental Pleading. The plaintiff and de!endant respectively may...
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Reports of Decisions of the Supreme Court of the State of Nevada, Volume 3

Nevada. Supreme Court - Law reports, digests, etc - 1868 - 630 pages
...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." It is impossible to suppose the defendant could have been taken by surprise by the Court acting on...
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The Constitution of South Carolina: Adopted April 16, 1868, and the Acts and ...

South Carolina - 1868 - 942 pages
...proceedings, which shall not aft'oct the regarded? dla~ substantial rights of the adverse party ; and no judgment shall be reversed or affected by reason of such error or defect. SEC. 200. The Plaintiff and Defendant respectively may be allowed, stmpiementon motion, to make a supplemental...
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North Carolina Reports: Cases Argued and Determined in the ..., Volume 70

North Carolina. Supreme Court - Law reports, digests, etc - 1874 - 812 pages
...pleadings or proceedings, which shall not affect the substantial rights of the adverse part}' ; and no judgment shall be reversed or affected by reason of such error or defect." And then, by a sweeping curative supplement to this most liberal system of pleading, sec. 132 confers...
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The Code of Procedure of the State of New York, as Amended to 1870: With ...

New York (State), John Townshend - Civil procedure - 1870 - 896 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. f. This section does not make valid a bad pleading, when the defects are made the grounds of demurrer...
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Acts, Resolutions and Memorials Passed at the Annual Sessions of the ...

Utah (Ter.) - Law - 1870 - 162 pages
...in the pleadings or proceedings, which shall not affect the substantial rights of the parties, aad no judgment shall be reversed or affected by reason of such error or defect. Arrest. TITLE V. Of the Provisional Remedies in Civil Actions. CHAPTER 1.— AEKEST AND BAIL. SEC....
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Treatise on the Civil and Criminal Jurisdiction of Justices of the Peace and ...

Charles W. Langdon - Constables - 1870 - 858 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. Pr. Act, 71. SEC. 2. A variance between the proof on the trial and the allegations in a pleading shall...
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The Code of Procedure of the State of New York: As Amended to 1871, with ...

New York (State), William Wait - Civil procedure - 1871 - 1034 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. What may be disregarded.— Entitling an answer " Supreme Court," instead of " Superior Court,"...
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