McSpadden v. Mahoney

(concurring specially)-

The statutes governing appeal procedure are an essential part of the administration of justice, whereby there will be furnished to litigants a fair and just review of the order or judgment that determined their controversy. When a party is deprived of this review because of a strict and technical interpretation of some equivocal rule of appeal procedure, he feels (in my opinion *662rightly so) that his matter has not received its fair share of the administration of justice.

It has long been my opinion that ambiguous statutes providing the procedure to be followed in…