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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. "
First[-Fourth] Report of the Commissioners on Practice and Pleadings ... - Page 160
by New York (State). Commissioners on Practice and Pleadings - 1848
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North Carolina Reports: Cases Argued and Determined in the ..., Volume 67

North Carolina. Supreme Court - Law reports, digests, etc - 1872 - 568 pages
..." The Court, and the Judge thereof, gjial} in pvery stagp OATKN, WILLIAMS & Co. «. KENDALL. of the action disregard any error or defect in the pleadings or proceedings which shall not aftect the substantial rights of the adverse party." We think the other objection can not avail the...
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Reports of Cases Argued and Determined in the Supreme Court of ..., Volume 1

Henry Nichols Blake, Montana. Supreme Court, Cornelius Hedges (Reporter), Horace Riverside Buck (Reporter), Fletcher Maddox (Reporter) - Law reports, digests, etc - 1873 - 760 pages
...treatment of the dislocated elbow difficult. Section 79, page 42, of our practice act provides that •' 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 de feet." As the...
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The Revised Statutes of the State of South Carolina: Prepared by ...

South Carolina - Constitutions, State - 1873 - 1164 pages
...in everv stage of action, disregard any error or defect in the pleadings or proceedings, which snail not affect the substantial rights of the adverse party;...reversed or affected by reason of such error or defect. supplemental PEC. 200. The plaintiff and defendant, respectively, may be allowed, on motion, to make...
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Miscellaneous Documents: 30th Congress, 1st Session - 49th ..., Volume 1

United States. Congress. House - United States - 1873 - 1052 pages
...and upon like terms, permit an amendment of such proceeding, so as to make it conformable thereto. 6. The court shall, in every stage of an action, disregard any error or defect in the pleadings or proceeding's, which, shall not affect the substantial rights of the adverse party ; and no judgment...
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General Laws, Memorials and Resolutions of the Territory of Wyoming

Wyoming - Session laws - 1874 - 302 pages
...action, must disimt "a'Vi'ct regard any error or defect in the pleadings or proceedings which does not affect the substantial rights of the adverse party...reversed or affected by reason of such error or defect. SEC. I85. If the demurrer be sustained, the adverse party amend, if the defect can be remedied by way...
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Reports of Cases in the Supreme Court of Nebraska, Volume 3

Nebraska. Supreme Court, David Allen Campbell, Guy Ashton Brown, Lorenzo Crounse, Walter Alber Leese, Lee Herdmen, Henry Clay Lindsay, Henry Paxon Stoddart - Law reports, digests, etc - 1874 - 506 pages
...no exceptions to the manner in which they were brought into court. Crowell and Crowell v. Galloway. rights of the adverse party; and no judgment shall...reversed or affected by reason of such error or defect." General Statutes, Sec. 145, 546. Woirall v. Parmalee, 1 New York, 519. Weiser v. Denison, 10 New York,...
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Reports of Cases Determined in the Supreme Court of the State of ..., Volume 2

California. Supreme Court - Law reports, digests, etc - 1875 - 692 pages
...mistake in the name of a party, or a mistake in any other respect." And the 7th section provides that, "the Court shall, in every stage of an action, disregard...which shall not affect the substantial rights of the parties." Under these provisions, the only legitimate inquiry of the Court should be, whether or not...
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The American Law Register, Volume 14; Volume 23

Electronic journals - 1875 - 842 pages
...subsequent chapter, given, among others, this additional mandate: " The court shall, in erery stage of the action, disregard any error or defect in the pleadings...affect the substantial rights of the adverse party :" 2 WS § 5, p. 1034. Now, it is difficult to conceive in what way the " substantial rights" of the...
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Code of Procedure of the State of New York: With Art. VI of the Constitution ...

New York (State) - Court rules - 1875 - 498 pages
...the pleading or proceeding may he amended accordingly. 2 170. The court shall, in every stage of pn action, disregard any error or defect in the pleadings or proceedings which shall not affect the suhstantial rights of the adverse party; and no jndgment shall he reversed or affected hy reason of...
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Reports of Decisions in the Supreme Court of the United States, Volume 2

United States. Supreme Court, Samuel Freeman Miller - Law reports, digests, etc - 1875 - 848 pages
...prosecute their writ of error to this court. The statutes of Minnesota prescribe: "That the court must in every stage of an action disregard any error or defect in the pleadings and proceedings which does not affect the substantial rights of the adverse party, and no judgment...
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