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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 Pacific Reporter - Page 291
1912
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Reports of Civil and Criminal Cases Decided by the ..., Volume 2; Volume 59

Kentucky. Court of Appeals, James Hughes, Achilles Sneed, Martin D. Hardin, George Minos Bibb, Alexander Keith Marshall, William Littell - Law reports, digests, etc - 1860 - 730 pages
...not be disturbed on account of mere technical defects not affecting the merits of the controversy. " The court must, in every stage of an action, disregard any error or defect which does not affect the substantial rights of the adverse party ; and no judgment shall be reversed...
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First[-Fourth] Report of the Commissioners on Practice and Pleadings ...

New York (State). Commissioners on Practice and Pleadings - Civil procedure - 1848 - 904 pages
...shall be discovered, the pleading or proceeding may be amended accordingly. § 151. 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...
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The Code of Civil Procedure of the State of New York: Reported ..., Volume 2

New York (State). - Civil procedure - 1850 - 920 pages
...is discovered, the pleading or proceeding may be amended accordingly. Amended Code, § 175. § 672. The court must, in every stage of an action, disregard...proceedings, which does not affect the substantial rights of the adverse party; and no judgment can be reversed or affected by reason of such error or defect....
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Reports of Cases in Law and Equity in the Supreme Court of the ..., Volume 6

Oliver Lorenzo Barbour, New York (State). Supreme Court - Law reports, digests, etc - 1850 - 712 pages
...of the code of procedure, which was made applicable to pending suits, declares that the court shall, in every stage of an action, disregard any error or defect in the pleadings which shall not affect the substantial rights of the adverse party. If the objection as to duplicity...
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The Code of Procedure, as Amended July 10, 1851: With Copious Notes to Each ...

New York (State), Member of the New-York Bar - Civil procedure - 1851 - 410 pages
...[151.] No error or defect to be regarded, unless it affect substantial rights. — 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...
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The Law Magazine: Or, Quarterly Review of Jurisprudence, Volume 14; Volume 45

Law - 1851 - 520 pages
...reply, or of which the party was ignorant when his former pleading was made." " S. 176. 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...
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Acts of the General Assembly of the Commonwealth of Kentucky, Passed, Volume 1

Kentucky - Law - 1851 - 548 pages
...defense is not apparent, the court may require the pleading to be made definite and certain by amendment. The court must, in every stage of an action, disregard any error or defect in the proceedings which does not affect the substantial rights of the adverse party; and no judgment shall...
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Acts Passed at the ... Session of the General Assembly for the Commonwealth ...

Kentucky - Session laws - 1851 - 544 pages
...defense is not apparent, the court may require the pleading to be made definite and certain by amendment. The court must, in every stage of an action, disregard any error or defect in the proceedings which does not affect the substantial rights' of the adverse party ; and no judgment shall...
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Reports of Cases Argued and Determined in the Supreme Court of the ..., Volume 1

California. Supreme Court - Law reports, digests, etc - 1851 - 672 pages
...order them to be brought " in." Section 61 declares that " the court shall, in every stage " of the 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...
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Practice and Pleading Under the Codes, Original and Amended: With Appendix ...

Henry Whittaker - Civil procedure - 1852 - 900 pages
...deemed a case of variance within the last two sections, but a failure of proof. § 176. 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...
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