 | New York (State). - Civil procedure - 1869 - 280 pages
...when 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... | |
 | Civil procedure - 1870 - 378 pages
...discovered, the pleading or proceeding may be amended accordingly. § 176. (Being § 151 of 1848.) The court shall, in every stage of an action, disregard...reversed or affected by reason of such error or defect. § 177. (Being § 152 of 1848.) The plaintiff and defendant, respectively, may be allowed, on motion,... | |
 | New York (State), John Townshend - Civil procedure - 1870 - 896 pages
...note to § 176.) § 176. Errors disregarded. The court shall, in every stage of an action,disregard any error or defect in the pleadings or proceedings...reversed or affected by reason of such error or defect. f. This section does not make valid a bad pleading, when the defects are made the grounds of demurrer... | |
 | Law - 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...affect the substantial rights of the adverse party." Now, of course, the intricacy of such a system must be very embarrassing to such simple and inexperienced... | |
 | Law - 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...affect the substantial rights of the adverse party.'" The New York Times well says of our Code: "It discarded at once the perplexing sinuosities of law practice... | |
 | Law - 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...affect the substantial rights of the adverse party." Now, of course, the intricacy of such a system must be very embarrassing to such simple and inexperienced... | |
 | Utah (Ter.) - Law - 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... | |
 | Charles W. Langdon - Constables - 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...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. Pr. Act,... | |
 | Wyoming - Law - 1870 - 808 pages
...action, must defect*. disregard any error or defect in the pleadings or proceedings which does not effect the substantial rights of the adverse party ; and no judgment shall be reversed or effected by reason of such error or defect. SEC. 150. If the demurrer be sustained, the Slverse Demurrer... | |
 | Oliver Lorenzo Barbour - Law reports, digests, etc - 1871 - 756 pages
...355.) In this last case, Judge Denio says: "The courts are directed, in every stage of an action, to disregard any error or defect in the pleadings or...affect the substantial rights of the adverse party, and they are forbidden to reverse a judgment for any such error or defect. (Code, § 176.) The learned... | |
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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. 
