Southern Colonization Co. v. Howard Cole & Co.

A narrow and technical construction of a statute has been indulged' to work a result that is in striking contrast with recent legislative and judicial policy to broaden and rationalize procedure to the end that a consideration of the merits of the case shall not be delayed out of regard for technical considerations. I have no fault to find with the general definition of the term “trial” contained in the opinion. I do feel, however, that the application of that general definition to the term “new trial” in sub. (3) of sec. 3069, Stats., is utterly inconsistent with apparent legislative purpose…