The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1893-07-27
JUDGE DoLz's DECISION.

JUDGE DCLE's DECISION.
The decision, after declaring that
interest on the Judgment can be
allowed, and everything the defend
ants objections to opening the case
to allow further evidence by the
plaintiff, and TO the service IN the
original action made on the defend
ant by plaintiffs attorney, concludes
as follows:
THE allegations Of the complaint
are satisfactorily proved, and the
plaintiff Is entitled to judgment, but
having declared only for S1l ,294 %,
as the aggregate amount due on q
basis Of six per cent. interest, it IS
limited TO that amount.
Let Judgment be- entered accord
ingly.
SANFORD 3. DoLE."
There are two stipulations on file.
LIST. That the action may be heard
by Justice of the Supreme Court
without jury.
2nd. That this case shall be called
up for hearing on Thursday, August
9th (1S91), or as soon thereafter as
reasonably practical,
1t was heard on August 9th, 1881,
in vacation, according to this stipnla-
ton of parties
1t is claimed that the Judgment
entered on August 18th III vacation
was entered inadvertently, CHROME
ously and contrary TO the Rules OF
Court.
The Supreme Court Rule relating
to the entry of Judgments (promul
gated January Term, 1882 provides
that "the attorneys of the party in
whose favor a verdict or decision
shall be rendered shall before the
end of the term in which such YER
dict or decision shall be rendered, or
within ten days thereafter, or If IN
vacation, within fourteen days after
the rendering of such decision, pro-
vided no exceptions have been al
lowed, file record OF the proceedings
tin form set forth or as near there
to as the circumstances of the case
will permit) which shall be the record
of the case. The Clerk of the Court
shall state the actual date of the en-
try of Judgment IN the margin of the
record, and shall affix the seal of the
Court thereto"
Section 1155 of the Civil Code is as
follows:
Judgment shall be entered by the
clerk, without motion, Immediately
upon the rendition of a verdict, or of
q Judgment of the Court in Baucn,
or OF a Judge at Chambers, and exc
cution may issue thereon at any time
thereafter when called for, unless
notice is given at the time Of render
ing the verdict, or judgment, OF a
motion for a new trial and the filing
of bill of exceptions and bond as
provided by statute within ten days
after the rendition of such verdict or
Judgment: provided, that execution
may issue within ten days, even
though such notice be given, when
good and sufficient cause can be
shown therefor. The provisions of
this section shall not affect the right
of appeal"
Mr.. Justice Dole in his decision Of
August %, 1891, orders judgment
for the plaintiff, aud in accordance
with this decision the plaintiff made
out the record required by the Rule
of Court and judgment was entered
on August %, 1891.
The stipulations of the parties
gave the Justice jurisdiction to hear
this action without a jury and In
vacation, and an incident to the hear
ing is the decision and determine
ton; judgment follows the verdict
or decision and the entry of judg
ment is a proceeding which com
pletes the record. The time of entry
of judgment has not been deter
mined by statute, but the Rule of
Court in this respect provides that
such entry of judgment may be
made in vacation provided no bill of
exceptions has been allowed. The
entry of judgments in vacation has
been the settled practice Of the Su-
preme Court under this rule, and we
are of opinion that such judgments
are valid and legally entered.
The several proceedings OF defen-
dant have twice caused recognition
and affirmation of this judgment by
the Court without objection by de-
PENDANT, first by Justice Dole upon
the motion for the issue of execution,
and SECOND by the full Court upon
tue IEulluS VI lhS NOAOhooHt .
bill of exceptions when the full Court
expressly affirms the judgment.
The defendant took took no steps
to prevent the entry of Judgment, or
to bring the case within the rule
which provided for the allowance Of
a bill of exceptions which would
prevent the entry of judgment. The
bill of exceptions was not filed or
allowed until August 18th, 1891, four
DAYS after the entry of Judgment,
and. so far as the record shows, no
notice by defendant of any intention
to prevent entry of judgment was in
any way given no motion for new
trial nor in arrest of judgment, nor
the fling of bill of exceptions was
made before the entry of judgment
and the presumption is that defend
ant relied upon his bill OF exceptions