The Daily bulletin. [volume] (Honolulu [Hawaii]) 1882-1895, 1889-09-27
FROM N. THOMPs0N'S DIGEST
OF HAWAIIAN SUPREME
COURT DECISIONS.
IN Preparation.
APPEAL,

AiIEAlss
Appeal from decree at Cham |
bers must be taken within ten days
by Rules of Court, or they are in
valid; judgment on q subsequent
verdict would violate the rights Of
original parties not represented in
such appeal. Estate of Kailikanoa,
Haw., 400.
Where an appeal bond is required
it is not sufficient to deposit with
the Clerk of the Court in lieu
thereof a sum of money less than
the amount of the bond. Paona V.
Heanu, 3 Haw., sol.
Appeals on points of law can be
taken to a Circuit Judge at Cham
bers, and to the intermediary Court
of Oahu.
The jurisdiction conferred by Sec
tions of the Civil Code, 67l to 675
inclusive, upon the Collector-G
| eral of Customs, to distribute share
of fines and forfeitures, etc., is not
exclusive; but the court can he re-
sorted to, after the statute remedy
has been exhausted. Stone V. AL
len, Collector-G General, Haw, 6lS.
In argument on exceptions point
not certified in the bill as having
been raised in the trial below and
in which no request had been made
| for instructions, cannot be taken.
into consideration. Lipoa v. Dow
sett, 3 Haw., 625.
After decree, counsel have no au-
thority to allow an appeal to be
taken against it, without the con.
sent of.the client. Paakuku V. 10
moikehuehu, 3 Haw., 642.
Appeals perfected after the open
ing of the term may be heard at the
same term. Unauna V. Armstrong,
Haw. 705.
Appeals from single Justice to
the Supreme Court in Banco may be
heard by the Judges in Chambers
before the occurring of the regular
law term. In re Lenehan, 3 Haw.,
1856.
Appeal may he taken TO the Court
in Banco, from the ruling of a JUS
tice in Chambers, denying writ of
mandamus. lib.
There is no appeal on the facts
from decree of Justice of the
Supreme Court sitting at term on a
matter of divorce, but exceptions
will lie as in other cases. Hama v.
Mehekula, Haw., 1874.
In libel against vessel trading
between Honolulu and foreign
port, where the master is represent
ed by counsel, and having given
bond to respond to the judgment to
be rendered during his absence on
voyage, and the attorney Of the
master fails to perfect an appeal
within ten days thereafter, respond
ent will not be allowed ten days
after his return TO port, to complete
his appeal.
Notice TO attorney is notice to
client. Tisdel V. Bark Amy,
Haw., 503.
The defendant was convicted in
the Police Court of Honolulu, on a
charge of importing opium in VIOLA
tion of the statute, and appealed
to the Supreme Court in Banco:
Held, that where an appeal has been
taken IN criminal case from a con-
victor. in Police Court TO the Su-
preme Court in Banco on point of
law and the defendants law is not
sustained, the Supreme Court can
not modify the sentence imposed be-
low, and the sentence of the Police
Court was accordingly affirmed.
The King Y. Kom Kwei, 4 Haw.
G66.
An appeal as distinguished from
writ of error, may bring up errors
of fact as well as of law, Peacock
v. Lovejoy, 5 Haw., 23l.
1t is too late to dismiss case on
appeal for defect in the summons
not noticed in the lower court. Ro-
bello V. Wong Guing, 8 Haw., SO.
There is no appeal from judg-
ment by default. Luce V. Chin Wa,
3 Haw., G29.
An appeal cannot be taken from
an order adjudging a party in con-
tempt. Onomea V. Austin, 5 Haw.