Barnard v. County of Kandiyohi

Were I able to agree that decision should be upon procedural grounds, I could easily concur in the result. But record and argument have given us all the material needed for decision on the merits. My opinion is that decision should go accordingly.

The opinion gives the assignments of error all the functions of a pleading in a new case. Thereby is again illustrated how an ancient and outmoded concept may improperly control judicial action. This method of decision throws back to the ancient days when a writ of error was considered in the nature of a bill of complaint against the trial court.…