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. Albany Law Journal - Halaman 3461870Tampilan utuh - Tentang buku ini
| Iowa. Supreme Court - 1858 - 708 halaman
...particularity, the Code of New York, § 176, (vide Van Santvoord's Pleading, 531, 532,) provides: " The court shall, in every stage of an action, disregard...shall not affect the substantial rights of the adverse part}'; nnd no judgment shall be reversed or affected by reason of such error or defect." In commenting... | |
| California, Henry Jacob Labatt - 1858 - 586 halaman
...allegations shall be liberally construed, with a view to substantial justice between the parties. 71. The court shall, in every stage of an action, disregard...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. 1. The error... | |
| Oliver Lorenzo Barbour, New York (State). Supreme Court - 1858 - 724 halaman
...176.) Again, by section 176 of the code it is provided that " the court shall in every stage of the action, disregard any error or defect in the pleadings...affect the substantial rights of the adverse party ; and no judgment shall be reversed or affected by reason of such error or defect/' There is some difficulty... | |
| United States. Supreme Court - 1858 - 676 halaman
...prosecute their writ of error to this court. The statutes of Minnesota prescribe : "That the court must in every stage of an action disregard any error or defect in the pleadings and proceedings which does not affect the substantial rights of the adverse party, and no judgment... | |
| New York (State). Court of Common Pleas (City and County of New York), Henry Hilton - 1859 - 666 halaman
...176 of the Code, the court are required at every stage VOL. I. 27 Badger v. Benedict of an action to disregard any error or defect in the pleadings or...affect the substantial rights of the adverse party, and the application of that section would seem to imj ose upon courts the duty to disregard a mere... | |
| New York (State). Court of Common Pleas (City and County of New York), Henry Hilton - 1859 - 672 halaman
...176 of the Code, the court are required at every stage VOL. I. 27 Badger v. Benedict of an action to disregard any error or defect in the pleadings or...shall not affect the substantial rights of the adverse part}-, and the application of that section would seem to impose upon courts the duty to disregard... | |
| New York (State). Court of Appeals, Erasmus Peshine Smith, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Joel Tiffany, Samuel Hand - 1860 - 650 halaman
...court governing this case when the decree below was pronounced; and the 176th section provides that the court shall, in every stage of an action, disregard...affect the substantial rights of the adverse party, &c. Peck against Mallams. The mantle of charity which this statute throws over the defects of pleadings,... | |
| California - 1860 - 388 halaman
...allegations shall be liberally construed, with a view to substantial justice between the parties. 71. The court shall, in every stage of an action, disregard...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. 1. The error... | |
| Wisconsin. Supreme Court, Abram Daniel Smith, Philip Loring Spooner, Obadiah Milton Conover, Frederic King Conover, Frederick William Arthur, Frederick C. Seibold - 1861 - 634 halaman
...the action or defence, seem to be swept out of existence. Section 40, of chapter 125, provides : " the court shall, in every stage of an action, disregard...affect the substantial rights of the adverse party ; and no judgment shall be reversed or affected by reason of any such error or defect" This is evidently... | |
| California - 1863 - 774 halaman
...individual. 1 Cal. 98. § 71. No error or defect to be regarded, unless it affects the subttantial rights. The Court shall, in every stage of an action, disregard...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. TITLE V.... | |
| |