 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.  Wisconsin Reports - Page 637by Wisconsin. Supreme Court, Frederic King Conover, Frederick William Arthur, Frederick C. Seibold, Arnold LeBell - 1917Full view - About this book
 | William H. R. Wood - Law - 1857 - 834 pages
...be liberally construed, with a view to substantial justice between the parties. ART. 805, Sec. 71. the part improved and cultivated. ART. 12, Sec. 12....Where it shall appear that there has been an actual parties ; and no judgment shall be reversed or affected by reason of such error or defect. ART. 806.... | |
 | Civil procedure - 1857 - 610 pages
...has not been prejudiced. Section 176 of the Code requires the court in every stage of an action to disregard any error or defect in the pleadings or...which shall not affect the substantial rights of the ad verse party ; and declares that no judgment shall be reversed or affected by reason of such error... | |
 | John Duer, New York (State). Superior Court (New York) - Law reports, digests, etc - 1856 - 754 pages
...conformable thereto" (id. 175). State of New York v. The Mayor and Aldermen of the City of New York, Ac. " The court shall, in every stage of an action, disregard...judgment shall be reversed or affected by reason of such error or defect" (id. 176). So far as the merits of the controversy depend upon considerations... | |
 | Oliver Lorenzo Barbour, New York (State). Supreme Court - Law reports, digests, etc - 1858 - 718 pages
...12 How. Pv. Rep. 322, 293; 11 id. 168.) The language of section 176 of that act is imperative, that "the court shall, in every stage of an action, disregard...judgment shall be reversed or affected by reason of such error or defect." And when the courts construe the allegations of pleadings liberally, (as section... | |
 | Oliver Lorenzo Barbour, New York (State). Supreme Court - Law reports, digests, etc - 1858 - 724 pages
...176.) Again, by section 176 of the code it is provided that " the court shall in every stage of the action, disregard any error or defect in the pleadings...judgment shall be reversed or affected by reason of such error or defect/' There is some difficulty in applying the facts of this case to cither count... | |
 | Iowa. Supreme Court - Law reports, digests, etc - 1858 - 708 pages
...particularity, the Code of New York, § 176, (vide Van Santvoord's Pleading, 531, 532,) provides: " The court shall, in every stage of an action, disregard...shall not affect the substantial rights of the adverse part}'; nnd no judgment shall be reversed or affected by reason of such error or defect." In commenting... | |
 | California, Henry Jacob Labatt - Civil procedure - 1858 - 586 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... | |
 | Austin Abbott - Civil procedure - 1858 - 610 pages
...have this power not only conferred upon them by express enactment (Code. § 173), but are required "to disregard any error or defect in the pleadings or...affect the substantial rights of the adverse party." (Code, § 176.) This being the rule in courts where formerly adherence to strict form has often been... | |
 | United States. Supreme Court - Law reports, digests, etc - 1858 - 676 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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