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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. "
The Law Magazine: Or, Quarterly Review of Jurisprudence - Page 10
1851
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Reports of Cases at Law and in Chancery Argued and Determined in ..., Volume 280

Illinois. Supreme Court - 1918 - 716 pages
...pleadings and proceedings which do not affect the substantial rights of the adverse party, and that no judgment shall be reversed or affected by reason of such error. In Oborn v. State of Wisconsin, 143 Wis. 249, (31 LRA [NS] 966,) the court said the general trend of...
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Session Laws

North Dakota - 1862 - 640 pages
...or proceedings, or defects which which does not affect the substantial rights of the adverse rights. party; and no judgment shall be reversed or affected by reason of such error or defect. SECT. 136. If the demurrer be sustained, the adverse party n™urrer ««»1 J tal1ied, adverse may...
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The Civil Practice Act of the State of California: As Amended, with Notes ...

California - 1863 - 756 pages
...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....
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Law Reform

Thomas Berry Cusack Smith - 1863 - 140 pages
...discovered, the pleading or proceeding may be amended accordingly." Section 672. — " The court must, in every stage of an action, disregard any error or defect, in the pleadings or proceedings, which does not affect the substantial rights of the adverse party; and no judgment can be reversed or affected...
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Statutes at Large of the State of New York: Comprising the Revised ..., Volume 5

New York (State) - 1863 - 1026 pages
...pleadings or proceedings, shall not affect the substantial rights of the adverse rFh'H1^ Par*y > aQd no judgment shall be reversed or affected by reason of such error or defect. 20 N. Y, 360; 29 B, 295; 26 B, 359; 22 B, 322; 20 B, 66; 16 B, 551; 14 B, 252, 569; 13 B, 183; 12 B,...
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The Code of Procedure of the State of New York, as Amended to 1864: With ...

John Townshend - 1864 - 320 pages
...176. [151.] Esdsting suits — Errors or defects to be disregarded. The court shall, in every stage of action, disregard any error or defect in the pleadings...reversed or affected by reason of such error or defect. § 177. [152.] (Am'd 1849.) Supplemental pkadmg. The plaintiff and defendant, respectively, may be...
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Laws of the Territory of Idaho

Idaho (Ter.) - 1864 - 762 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, and no judgment shall be reversed or affected by reason of such error or defect. TITLE CHAPTER...
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Laws of the Territory of Idaho

Idaho - 1864 - 734 pages
...and, when his true name is discovered, the pleading or proceeding may be amended accordingly. SEC. 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. TITLE CHAPTER...
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Reports of Cases in Law and Equity, Determined in the Supreme ..., Volume 16

Iowa. Supreme Court - 1865 - 680 pages
...Court, "in every stage of an action, to disregard any error or defect in the proceeding, which does not affect the substantial rights of the adverse party;...reversed or affected, by reason of such error or defect." Eev., §2978. The substance of the plaintiff's case was his right to have the first deed canceled....
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Reports of Cases Argued and Determined in the Supreme Court of ..., Volume 23

Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - 1865 - 722 pages
...appellants can complain. The statute expressly provides, that " the court must, in every stage of the action, disregard any error or defect in the pleadings or proceedings which does not affect the substantial rights of the adverse party, and no judgment can be reversed or affected...
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