TRIAL. In Practice. The examination be fore a competent tribunal, according to the laws of the land, of the facts put in issue in a cause, for the purpose of determining such issue. U. S. v. Curtis, 4 Mas. 232, Fed. Cas. No. 14,905.
The examination of the matter of fact in issue in a cause. The decision of the issue of fact ; Steph. Pl. 77; Deane v. Bridge Co., 22 Or. 167, 29 Pac. 440, 15 L. R. A. 614.
The final examination and decision of mat ter of law as well as facts for which every antecedent step is a preparation; Carpenter v.. Winn, 221 U. S. 533, 31 Sup. Ct. 683, 55 L. Ed. 842.
"Trial," as used in the acts of congress of July 27, 1868, and March 2, 1867, appropriately designates a trial by the jury of an issue which will determine the facts in an action at law ; and "final hearing," in contradistinction to hearings upon interlocutory matters, the hearing of a cause upon its merits by a judge sitting in equity ; Galpin v. Critchlow, 112 Mass. 343, 17 Am. Rep. 176 ; Home L. Ins. Co. v. Dunn, 19 Wail. (U. S.) 214, 22 L. Ed. 68.
Undoubtedly the word "trial" in the com mon law meant the examination and deter mination of the case upon the facts, and the word was usually applied to a trial by jury ; "hearing" was used with respect to cases in equity. The word "trial" is now used not only colloquially but by courts, with a more comprehensive signification, and it has been defined to be "the examination be fore a competent tribunal, according to the law of the land, of the facts or law put in issue in a cause for the purpose of deter mining such issue" ; Finn v. Spagnoli, 67 Cal. 330, 7 Pac. 746 ; In re Chauncey, 32 Hun (N. Y.) 429, 431; Second N. Bk. of Grand Forks v. Bank, 8 N. D. 50, 76 N. W. 504 ; including all the steps in the case from the submission to the jury to the rendering of the judgment ; Castellaw v. Blanchard, 106 Ga. 97, 31 S. E. 801; or before a judge who has jurisdiction of it ; Bullard v. Kuhl, 54 Wis. 544, 11 N. W. 801 (citing Jacob's Law Diet. Tit. "Trial"). In many cases it is said to be a judicial examination of the issues in a case ; Tingley v. Dolby, 13 Neb. 371, 14 N. W. 146, 148; Miller v. King, 32 App. Div. 349,
52 N. Y. Supp. 1041; or in an action ; Spen cer v. Thistle, .13 Neb. 227, 229, 13 N. W. 214 ; Trustees of Swan Tp. v. McClanahan, 53 Ohio St. 403, 42 N. E. 34 ; or of the issues between parties, whether of law or fact; Vertrees' Adm'r v. Newport News & M. V. R. Co., 95 Ky. 314, 25 S. W. 1 (and this is the expression in many state codes and stat utes) ; and the "trial" is not concluded until finally submitted to the court, referee or ju ry; Mygatt v. Willcox, 35 How. Prac. (N. Y.) 410 ; or until the decision is reduced to writing and signed by the judge ; Connolly v. Ashworth, 98 Cal. 205, 33 Pac. 60. The word has been applied to the decision of issues arising on demurrer ; Alley v. Nott, 111 U. S. 472, 4 Sup. Ct. 495, 28 L. Ed. 491; Hume v. Woodruff, 26 Or. 373, 38 Pac. 191; Pratt v. Lincoln County, 61 Wis. 62, 20 N. W. 726 ; Louisville, N. A. & C. R. Co. v. Reyn olds, 118 Ind. 170, 20 N. E. 711; to an in quest which was said to be by a trial of issue of fact where the plaintiff alone intro duced testimony ; Haines v. Davis, 6 How. Pr. (N. Y.) 118 ; or a feigned issue out of chancery as to the amount due on a land contract; Parks v. Andrews, 56 Hun, 391, 10 N. Y. Supp. 344.
"Trial" has been held not to include a de cision on demurrer that the plea in abate ment was bad ; Winet v. Berryhill, 55 Ia. 411, 7 N. W. 681; the taking of proof before a master to dispose of a motion for an in junction pendente lite; Doughty v. W. Brad ley & C. Mfg. Co., 8 Blatchf. 107, 7 Fed. Cas. No. 4,030; the hearing of a case on appeal where the object is to correct errors of the trial court ; Eldridge v. Strenz, 39 N. Y. Super. Ct. 295 ; the granting of an allow ance in a divorce case; Stewart v. Stewart, 28 Ind. App. 378, 62 N. E. 1023 ; a hearing before a mayor for the removal of a city official ; Avery v. Studley, 74 Conn. 272, 50 Atl. 752 ; a question of taxation of costs of the marshal, before the United States su preme court, on a certificate of division ; Bank of U. S. v. Green, 6 Pet. (U. S.) 26, 8 L. Ed. 307 ; or the presentation or deter mination of a motion for a new trial ; Mc Dermott v. Halleck, 65 Kan. 403, 69 Pac. 335.