 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; and no judgment can be reversed or affected by reason of such error or defect.  Collections of the Kansas State Historical Society - Page 106by Kansas State Historical Society - 1915Full view - About this book
 | Nebraska, Guy Ashton Brown - Law - 1881 - 838 pages
...effect Feb. 4, 1875.] SEC. 145. [Immaterial errors disregarded.]— The court, in every stage f an action, must disregard any error or defect in the pleadings or proceedings, •hich does not affect the substantial rights of the adverse party ; and no judgment hall be reversed... | |
 | Timothy Walker - Law - 1882 - 850 pages
...they do not substantially change the claim or defence. And in every stage of the action, the court must disregard any error or defect in the pleadings...affect the substantial rights of the adverse party, and not reverse a judgment hy reason thereof. No variance is to he deemed material, unless it has actually... | |
 | Law - 1882 - 692 pages
...and not prejudicial. The Code, section 138 (RS 5115), requires that "the court in every stage of an action, must disregard any error or defect in the...proceedings which does not affect the substantial rights of the adveree party, and no judgment shall be reversed or affected by reason of such error or defect."... | |
 | Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - Law reports, digests, etc - 1882 - 684 pages
...in substance, that no j udgment can be reversed or affected by reason of any error or defect in the proceedings, which does not affect the substantial rights of the adverse party. So, in section 580 of the civil code of 1852, re-enacted and now in Fell et al. v. Muller. force as... | |
 | Edward Warren Hines, William Pope Duvall Bush, John Cleland Wells, Frank L. Wells, Findlay Ferguson Bush, Horace C. Brannin, William Cromwell, W. J. Chinn, Walter G. Chapman, R. G. Higdon, Thomas Robert McBeath - Law reports, digests, etc - 1882 - 890 pages
...verdict. It is true that 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, but overruling appellant's motion for judgment, when he was by law entitled to it, does affect his... | |
 | Claims against decedents' estates - 1884 - 752 pages
...during the trial, and the 475th Section provides 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 right of the parties, and no judgment shall be reversed or affected by reason of such error or defect."... | |
 | California - Civil procedure - 1883 - 1018 pages
...1880, 5 Pac. CLJ 68. *n § 475. The court must, in every stage of an action, dis- *H \to. j regard any error or defect in the pleadings or proceedings . * which does not affect the substantial rights of the parties, s M and no judgment shall be reversed or affected by reason 90 g, B4 of such error... | |
 | Law reports, digests, etc - 1884 - 1042 pages
...section 475 of the code of procedure, has declared 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 parties, and no judgment shall be reversed or affected by reason of such error or defect. "... | |
 | Charles Theodore Boone - Code pleading - 1885 - 598 pages
...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...does not affect the substantial rights of the adverse party.2 The provisions of the Codes anthorizing amendments were intended to protect parties when errors... | |
 | New York (State), Charles David Rust - Civil procedure - 1885 - 814 pages
...in every «age of the action, the court must disregard an error or defect, in the pleadings or other proceedings, which does not affect the substantial rights of the adverse party. Í 724. The court may likewise, in its discretion, and upon such terms as justice requires, at any... | |
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