 | Nebraska - Session laws - 1859 - 464 pages
...proceedings, r< ^^ ' "^"^_° t which does not affect the substantial rights of the adverse "tantiai rights. party; and no judgment shall be reversed, or affected, by reason of such error or defect. §138. If the demurrer be sustained, the adverse party if demurrer msmay amend, if the defect can be... | |
 | New York (State). Court of Appeals, Erasmus Peshine Smith, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Joel Tiffany, Samuel Hand - Law reports, digests, etc - 1860 - 650 pages
...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 - Civil procedure - 1860 - 388 pages
...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... | |
 | Nathan Howard (Jr.) - Civil procedure - 1860 - 608 pages
...proceedings which shall not affect the substantial right of the party ; and it further directs that no judgment shall be reversed or affected by reason of such error or defect. Whatever view may be taken of the objections before stated, this is very clear as to the duty of the... | |
 | Wisconsin. Supreme Court, Abram Daniel Smith, Philip Loring Spooner, Obadiah Milton Conover, Frederic King Conover, Frederick William Arthur, Frderick C. Seibold - Law reports, digests, etc - 1861 - 774 pages
...error " affecting a substantial right" within the meaning of sec. 40, chap. 125, which provides that the court shall, " in every stage of an action, disregard...reversed or affected by reason of such error or defect ?" I think not, but on the contrary, that the phrases "involving the merits" and " affecting a substantial... | |
 | Wisconsin. Supreme Court, Abram Daniel Smith, Philip Loring Spooner, Obadiah Milton Conover, Frederic King Conover, Frederick William Arthur, Frederick C. Seibold - Law reports, digests, etc - 1861 - 634 pages
...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...judgment shall be reversed or affected by reason of any such error or defect" This is evidently an error or defect which does not affect the substantial... | |
 | North Dakota - Session laws - 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... | |
 | California - Bankruptcy - 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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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. 
