The Hawaiian gazette., 1893-08-01
JUDGE DoLE's DECISION.

JUDGE DOLE'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 ST., 294.23,
as the aggregate amount due on a
basis of six per cent interest, it is
limited to that amount.
Let judgment be entered accord
ingly.
SANFORD b. DOLE"
There are two stipulations on file.
1st. That the action may be heard
by Justice of the Supreme Court
without jury.
End. That this case shall be called
up for hearing on Thursday, August
9th (1891), or as soon thereafter as
reasonably practical.
1t was heard on August 9th, 1891,
in vacation, according to this stipula-
ton of parties.
1t is claimed that the judgment
entered on August 18th in vacation
was entered inadvertently, errone-
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 verdict, or of |
q judgment of the Court in Banco,
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
lfter the rendition of such verdict or
provided, that execution
nay issue within ten days, even
hough such notice be given, when
good and sufficient cause can be
hown therefor The provisions of
bis section shall not affect the right
# appeal"
Mr.. Justice Dole in his decision of
august %, 1891, orders Judgment
or the plaintiff, and in accordance
With this decision the plaintiff made
ut the record required by the Rule
f Court and judgment was entered
n August Is, 1881 !.
The stipulations OF the parties
ave the Justice jurisdiction to hear
his action without a jury and in
acation. and an incident to the hear.
1g is thu decision ADD determine
on; jud ;ment follows the verdict
r decision AID the entry of judg
lent is proceeding which com
lete5 the record. The time of entry
{ judgment ha- not ben deter a
lined by statute. but the Rule Of
curt in this respect Irovi IS that !
1ch entry of Judgment Gay be
lade in vacation pro 'idel No oil of
has been sllo ged. The
1try of judgment ii vacation has
zen the settled Practice Of the Su :
rene Court under this rule, and we /.
e of opinion that such judgments !:
e valid and legally entered
The several proceedings of defen,
ant have twice caused recognition :