...substantial justice between the parties. Section 176 requires the court, in every stage of the action, to disregard any error or defect in the pleadings or...affect the substantial rights of the adverse party. Either the one or the other, or both, of these requirements must have been overlooked by the court...

...317; 28 Cal. 673; 30 Cal. 570; 32 Cal. 176, 639.] Errors and defects, what to he disregarded. § 71. The court shall, in every stage of an action, disregard...or defect in the pleadings, or proceedings, which sha'.I not effect the suhstantial rights of the parties; and no judgment shall he reversed or affected...

...that by sec. 135 it is declared, that " the Court and the Judge thereof, shall, in every stage ot the action, disregard any error or defect in the pleadings...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,...

...his true name shall be discovered, the pleading or proceeding may be amerided accordingly. § 176. The court shall, in every stage of an action, disregard any error, or defect in the pleadings or pro. edings, which shall not affect the substantial rightl of the adverse party ; and no judgment sha.l...

...certain circumstances and in certain particulars, as a matter of course, and the court may always, on motion, amend the pleading "in furtherance of justice"...souls as Mr. O'Conor, trained to the simplicity and luminousness and intelligibility of pleadings under the old system. No doubt he misses the pleasant...

...certain circumstances and in certain particulars, as a matter of course, and the court may always, on motion, amend the pleading 'in furtherance of justice...affect the substantial rights of the adverse party.'" The New York Times well says of our Code: "It discarded at once the perplexing sinuosities of law practice...

...discovered, the pleading or proceeding may be amended accordingly. § 176. (Being § 151 of 1848.) 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 such error or defect. § 177. (Being §...

...allegations shall be liberally construed, with a view to substantial justice between the parties. SEC. 71. The Court shall in every stage of an action disregard...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...

...direct evidence to the same point. Kisling vs. Shaw, 33 Cal. 425. CHAPTER XCV. VARIANCE. SECTION 1. 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. Pr. Act,...

...note to § 176.) § 176. Errors disregarded. The court shall, in every stage of an action,disregard any error or defect in the pleadings or proceedings...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...