 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.  The Pacific Reporter - Page 841913Full view - About this book
 | California, Theodore Henry Hittell - 1868 - 410 pages
...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... | |
 | Anthony L. Robertson - 1868 - 780 pages
...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...which shall not affect the substantial rights of the adverse party. Either the one or the other, or both, of these requirements must have been overlooked... | |
 | South Carolina - 1868 - 942 pages
...or 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... | |
 | North Carolina. Supreme Court - 1874 - 812 pages
...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...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."... | |
 | New York (State). - 1869 - 280 pages
...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... | |
 | Charles W. Langdon - 1870 - 858 pages
...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...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... | |
 | 1870 - 546 pages
...alway8, on motion, amend the pleading "in furtherance of justice" and on proper terms. And, finally, " the court shall, in every stage of an action, disregard...which shall not affect the substantial rights of the adverse party." Now, of course, the intricacy of such a system must be very embarrassing to such simple... | |
 | 1880 - 554 pages
...always, on motion, amend the pleading 'in furtherance of justice ' and on proper terms. And finally, ' the court shall, in every stage of an action, disregard...which shall not affect the substantial rights of the adverse party.'" The New York Times well says of our Code: "It discarded at once the perplexing sinuosities... | |
 | Utah (Ter.) - 1870 - 162 pages
...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... | |
 | 1870 - 546 pages
...always, on motion, amend the pleading "in furtherance of justice" and on proper terms. And, finally, " the court shall, in every stage of an action, disregard...which shall not affect the substantial rights of the adverse party." Now, of course, the intricacy of such a system must be very embarrassing to such simple... | |
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