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. Albany Law Journal - Seite 3461870Vollansicht - Über dieses Buch
| Iowa, Emlin McClain - 1884 - 940 Seiten
...in attachment proceedings, see § 3021. Errors disre pirded. K. {2»7&. SEC. 2G90. The court must, in every stage of an action, disregard any error or defect in the proceeding which docs not affect the substantial rights of the adverse party; and no judgment shall... | |
| 1885 - 1000 Seiten
...advantages which he would have secured had his motion to quash the summons been sustained." regard any error or defect in the pleadings or proceedings...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 Comp.... | |
| Charles Theodore Boone - 1885 - 598 Seiten
...respect, and may supply an omission in any proceeding.1 And it is further provided that 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.2 The provisions of the Codes anthorizing... | |
| Nevada. Supreme Court - 1885 - 532 Seiten
...abolished and simple methods adopted, with a view of dealing out justice between the parties, regardless of any error or defect in the pleadings or proceedings which shall not affect their substantial rights. It is also true that, under the common law practice, a new trial could not... | |
| 1886 - 982 Seiten
...and no question of insufficiency or variance was raised on the trial. Our civil code says: "Sec. 81. 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" Provision... | |
| 1886 - 948 Seiten
...all the proceedings v. llp.no. 13 — 35 because of this irregularity of service. Our statute says: "The court shall, in every stage of an action, disregard...defect in the pleadings or proceedings which shall riot affect the substantial rights of the party, and no judgment shall be reversed or affected by reason... | |
| Colorado. Supreme Court - 1913 - 664 Seiten
...support of this objection counsel rely upon section 78 of the civil code. That section provides that the court shall in every stage of an action, disregard any error or defect in the pleadings or prin ceedings which shall not affect the substantial rights of the parties, and that no judgment shall... | |
| 1914 - 1308 Seiten
...made by the complaint and embraced within the issue. And it is furthermore declared that the ">urt shall, in every stage of an action. disregard any...affect the substantial rights of the adverse party, and that no judgment shall be reversed or all'ected by reason of such error or defect. These provisions... | |
| Colorado. Court of Appeals - 1914 - 668 Seiten
...third trial would be an injustice to the appellee, as well as contrary to that statute which says : "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 parties, and no judgment shall be reversed or... | |
| 1914 - 804 Seiten
...Rossi, 7 Idaho, 618, 65 Pac. 67. Under RS 4231, providing 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 parties, technical errors which do not affect the substantial... | |
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