The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1889-04-23

d r.Nl.lfa.-A. ~ lNtt~
EaEI --1l- --z-- -- -rIlI-I. Fi-Es-GN' aICAt-k
-E LxD DOH. -.
9s Cafse D. ~. Justice Dole
Mrg u Dissenting.
laEanaa-- was sued in assunp-
z- before -ne District Court OF hOloa,
Szl and though the decision was
hI fo- S35.8f, he was salts
Ee VITA 5t and took no appeal; the
r. however. appealed the case
-r -ae T--Ei- Justice 81 Chambers,
ur -Ee Judgment for him for ; llb
- meant u-zs now auCrleved anG
-- arHiaal 1g the Circuit Court
u. tlr-s A certificate Of ap-
NJ rs z- z-z1 refused him, upon
t- e-uzia rnat there could be no
-a- AuIsaz5 on The facts, under
-----a- --ATL. laws lsS5, but he was
.e---z-as furnished with such GER
anon the understanding that
-e --es-1er CO his right % appeal
SEN &c rv the Circuit Court.
--la lass February Term Of the Cir
uu-- l- Eas decided that the de-
fr- had u0 right Of appeal from
-- Justice al Chambers, 10 a
and -ne plaintiff motion that
~ a-e - stricken from the calendar
uras : ruez- II which ruling the de
FerEzr- -r IDS counsel excepted, and
flied hi> bill OF exceptions
-z- 81 owed.
rcr-szl led ty plaintiff : coun-
- Chapter I-AII n the Laws of
l-- tas Destroyed the former right
ruaE from Circuit Justices at
e-- upon issues OF fact. The
iHu erred -C Is a. follows;
-r-. u rom and sitter the pass
Act any person desireus OF
z-7r,1- r- from the decision Of any
~ district Justice, in any case,
--np-ra- -r5l or criminal may upon
e- -a notices and paving the
--ilE the bonds now re-
1E Jaw appeal from any such
-n amy circuit Judge at
-- 81 F Oh the Island OF Oahu
-lle Justices 0f the supreme
beers. or 10 the Circuit
rLe same judicial district, or
a ul ID DahU 10 the Su-
au-l- 81 THE election OF the
90 be stated al the
a--saa. i- taken. and no fur
appeal on any question
q owed. I'm appeals
bond b l1w required by
RS required lereuu-
DER
a- -H -llu-f1s contention, q
-le- with q decision
OF lss-rleI court and does
L such decision, may
fl-E from the judge at
-E= other party appeals
and obtains a reversal
-a le-au at the lower court;
- q -1--v is deprived 0t his right
@ a taG law IN question,
b. makes hi~ election and
-E- DIES appeal % jury upon the
police or district justice,
- THAT decision j. in his
moi the policy OF law to
a# rare Irrigation and we do not
1.- necessary 10 state reasons why
rE that s. party who accepts
rF one court j. not there
ts rr -e-- ID LIS rights Of appeal
W-er -le @l--e case J. decided in an
eaur The defendant has q
tI1 right 90 4 jury trial an
s waived il. L pom the de-
-ru ease Id the district court,
e @ -e rTTl1--l Eisy and was not
e nu n make bis election be-
-E- urr -rzE- and hearing al
rs On appeal. a he was not
1--L-lrra- III that decision, and his 4
Ed arIt41l al that stage was not /
r 8f A- night u a jury trial.
ar nA r-a was decided by the
---a UEfaE0rablv TO the de-
fa- lar- -1eE t1r the first time WAS
e. decide whether OF not he
Ea E -aE= his right 10 "a jury trial;
3 -z Ere he perfect iis appeal would /
zare been q waiver Of this right.
hf zw Dr. question conflicts with |
-1E -u-l--l- u-ilnGl r5Zllr Of the de- |
te-ros-- tr q trial iy jury il viii have /
rr wT But we DO not think /
r1- b necessarily inconsistent with /
su- right The provision OF the 1
Ure cd question sets forth the nee /
szsa-F course 81 action Of 8 person |
q a-s-u@ Uf appealing from the de- 1
ei-iau e arr police OF district JUS
7zez BE Is required to give notice, I
~ -nr eu--s and give bonds according |
rr zE zHE -1 elect To which court he |
rZfE@ El- appeal and 10 state such .
81 rhe time the appeal il
sasraE with 1ze words and no further
n r-he- arpeal on any question Of
a. -nzL be allowed" This by rea-
zr-rtlle -nlsz-ruC-ioH- refers TO the
rn--r uu1fr discussion, 3. q, the
-.n-s-n leslrous Of appealing from
decision 0f any police OF district
nsfa-e- ID him. having had his
ss.-errr no further or other appeal
~ nr-r rlles-fan u fact Is allowed
-- ina lE- Goes not purport 10 define
hs rights OF the other party who is
n- 1esi-gus % appealing from the
ssslsi1-l % any police OF district JUS
either tE Its own provisions
7rf MAKE nc reference 10 the other
----- 81 tn its title which is An
49, ~ amend The lsw regulating APP
-.s- ls E-anl police and district courts"
FEe-E law shall embrace but one
rs5aer anl THAI shall be expressed in
- r=-e Constitution Art. -. 1t
ST II seen tv the title Of this law
" III excludes al consideration of
,r--.sz.is frurn justices at chambers.
r1sn t-1-f-agfr ions are therefore allow
III ana THE case ordered To be placed
IN -he ra lenuar for the next term OF
Hise Circuit Court 81 the Fourth Judi
zr- Circuit
N I'd. smith l0T plaintiff; A. Rosa
or 6lzandari-
lzareh 81 los3
Fur9 Opinion u Ar. Justice
McCgGy.
zr recognized principle Of law