The Hawaiian gazette., 1888-09-04

raSsous for 6eeming himself SS
Srieved. assigning the causes Of
error. in such decision or verdict"
Section llSS provides the mode Of
obtaining the writ which Is by Sn
spphcstion 10 Justice of the SU
preme Court, who may order the
writ - issue commanding the Court
or Clerk Of the Supreme Court, IS
the oSse mSy be, 70 certify up the
record sni pVoceedings.
Upon the return q the WIT with
the record sent ND, the Supreme
Court msy order ths sdvsCss pSrty
70 l0ln N error.
Ii VIII be observed shst the statute
provides for the issuing Of writ Of
s-ro- 70 cs-tSia courts snd justices
only, smonS which the ClrcClE Courts
tsxcspt in bSncol and the Suprems
Court xrs not mentioned indeed,
VIE cannot conceive 5 writ Of error
issuing from the Supreme Court 70
itself. AwrIt % error from It's very
nsture csn only De issued % sub
o-Cnrsts court o. Sutbo-ity-
4 trisl q $ cSSs, the pSrtiss hsylng
waived 5 Jury, Is S trisl by the Court,
sud the decision IS Ehe decision o.
the court snd net the decision Of $
justice, Sections 11ST snd 11SS,
Civil Cods,
Ii Is commended tins. the decision
o. finding u the justice on the fscts
Is similar 80 the verdict Of S Jury,
sri IN this connection we hsye 70
consider for whist mstters S writ u
error % review the verdict Of Jury
cSn issue ClsSrly no. 70 review lis
finding On the evidence, for the eyi-
isucs forms 10 psrE Of the record. It
cSr only De for mzICs-s q lsw n the
findings sppsreut' On the record
For InS.2nce, where Il Is clsSr the
verdict : not responsive 70 the
Issue raised. o. where the verdict
gives more lsmSges thsn elsimed,
sri the defendant hiss tSken no
other steps 70 SCI sSiis the verdict,
o where N 81 seton Of eisctment
the Jury should swSrd dSmsges only,
sni 10. IND rhsE the plsintiE Is
entitled 70 the lsri. snd similar
cSSss-
See hekzus e 3, vs.. hslei r H.,
Esw- rs,
For the reasons shove SET forth.
re Sre y opinion thSt $ wit Of error
does not lie II the case Il bSr,
On locking ST the record, we csr-
cOs md EhS- shy writ Of error wSs
issued II this eSSs. From the pro
cee6ngs L sppeSrs that the justice
ordered s writ 70 issue, but the ST
to-rey for the plaintiff N srror took
10 further step, He Gd not see thst
the WIT was issued II Is not the
duty - the Clerks Of the Court 10
prepare sri Issue such writs- The
s1torrey q the party should prepare
Il. sci see thst Il L Issued
he Clerk certified I'D the record
without $ proper order, sni III
properly entered the csuse On the
calendar The csSe YVES never pro
Icy AS--4S -LG AI--la =--- -.- ---=
Courts s.tertiOn been GrSwu 70 this
Renaissance Il would not nave heSrd
the argument. but We hsTe thought
II siylS2b-s thz5 parties sha1Id know
the opinion q the Court s. 70 the
right Il the wit. 50 that they usy
ce z1ls II the tururs 70 zEuld N
Necessary expense We have, there-
fore, considered the case IS Il the
VII Ez6 been Issued
Al the proceedings II connection
VIII This sPpLlcs1101 must be set
gS5ds- sri the e-ier for the writ he
vacated The p-zI1tlE n e-ruE the
defendant n The original suit must
pay 81 costs Of the sborEiEs proceed
EEs
H \. Castle, fer u-ziucif II zrrur7
" L Whiting s16 J u NoCzs-rst,
fCE defendant II srTUr-
Dated Eo1oIcl1, August :, 1SSS