Irregularity

the defect in the examiner's appointment was an irregularity which would invalidate a resulting order if the Commission had overruled an appropriate objection made during the hearings. But it is not one which deprives the Commission of power or jurisdiction, so that even in the absence of timely objection its order should be set aside as a nullity.

In practice. The doing or not doing that, in the conduct of a suit at law, which, conformably with the practice of the court, ought or ought not to be done. 115 111. 590. It is the technical term for every defect in proceedings or the mode of conducting an action or defense. It is a comprehensive term, including all formal objections to matters of practice. An irregularity is a formal but a nullity is a substantial defect. One applies chiefly to the manner, the other to the matter or merits of the proceeding; the for met is voidable, the latter absolutely void. As a general rule whenever there is any doubt upon the matter it will always be safer to treat the defect as an irregularity rather than as a nullity. 130 111. App. 588; Macnamara on Nullities and Irregularities in Law, 20.

The doing or not doing that in the conduct of a suit at law, which, conformably with the practice of the court, ought or ought not to be done. Doe v. Harter, 2 Ind. 262. The term is usually applied to such informality as does not render invalid the act done; thus an irregular distress for rent due is not illegal ah initio, any step by blm in the cause: Lofft 323, 333; because the taking of any such step is a waiver of any irregularity; "1 B. & P. 342. See Abatement. The court will, on motion, set aside proceedings for irregularity. On setting aside a judgment and execution for irregularity, they have power to impose terms on the defendant, and will restrain him from bringing an action of trespass, unless a strong case of damage appears. 1 Chitty, Bail. 133, n. And see Baldw. 246.

Violation or nonobservance of established rules and practices. The want of adherence to some prescribed rule or mode of proceeding; consisting either in omitting to do something that is necessary for the due and orderly conducting of a suit or doing it in an unseasonable time or improper maimer. 1 Tidd, Pr. 512. And see McCain v. Des Moines, 174 U. S. 168, 19 Sup. Ct. 644, 43 In Ed. 936; Emeric v. Alvarado, 64 Cal. 529, 2 Pac. 418; Hall v. Mun-ger, 5 Lans. (N. Y.) 113; Corn Exch. Bank v. Blye, 119 N. Y. 414, 23 N. E. 805; Salter v. Hilgen, 40 Wis. 365; Turrill v. Walker, 4 Mich. 183. "Irregularity" is the technical term for every defect in practical proceedings or the mode of conducting an action or defense, as distinguishable from defects in pleadings. 3 Chit. Gen. Pr. 509. The doing or not doing that, in the conduct of a suit at law, which, conformably with the practice of the court, ought or ought not to be done. Doe ex dem. Cooper v, Harter, 2 Ind. 252.

In canon law. Any impediment which prevents a man from taking holy orders

— Legal irregularity. An irregularity occurring in the course of some legal proceeding. A defect or informality which, in the technical view of the law, is to be accounted an irregularity.

Departure from rule; non-observance of rule.