Stenger v. Roeder

ON PETITION FOR RE-HEARING.

Stiles, J.

Appellants make so vigorous an argument against the decision in this case, that we feel constrained to discuss some of its more strongly asserted points.

Before the codes, there were two universally recognized methods of reviewing causes: (1) By writ of error, in actions at law and criminal cases. (2) By appeal, in equitable actions. Both methods were purely creatures of the statute, and the almost universally adopted system of trial on appeal was that of the trial ele novo, upon the entire record and testimony, precisely as it was presented in the trial…