Geisen v. Reder

On Petition for Rehearing.

HaíOKNey, C. J.

The learned counsel for the appellant supports the petition for a rehearing with bitter criticism of a procedure which does not enable litigants to define their own issues and have them passed upon by the courts, or which enables the courts to avoid passing upon the merits of a case by resorting to technicalities.

It is, we think, fortunate that a code has been formulated and adopted as a guide to the administration of justice, since, if every lawyer were permitted to arbitrarily determine for himself the forms and methods of procedure, we would have,…