The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1897-03-09

Chap xcv OF the
OF 1892 allows writ appearing on the
Sections > Of
1922 require the charge of
be writing and filed in
when compliance
with the last quoted the record so as to be avail
able a
in
tending purchaser G. K whO had information that had eh
the other INTEREST," had
authority p had claim it and
g. ~ o 49, 10, - +h ' f ~ ccnred and i'm
land against G. K
OPINION THE COURT JUDD.
the February term of the Circuit Court First Cir
cult action of eiecment the defendant in obtained
verdict against the plaintiff in for undivided half of
land situated Niukukal, Waikiki, Oahu described
Royal Patent No 1912 e. c. A 1866 No bill of excep
tons filed by plaintiff in Within six months after
the rendition of Judgment execution having been fully
satisfied defendant below obtained writ
of error 1, the refusal of the Circuit Court to in
ruct the jury requested by counsel for defendant the
said cause 3D. having charged and instructed the jury the
charged and instructed therein by the court; 3D.
the rendering and receiving and entering judgment said
verdict in said
petition instructions asked for
by plaintiff in and refused The petition does state
that the reua charge prayed for excepted
that the charge the jury excepted to- The original
quests to charge plaintiff error show hand
writing of the trial Judge that they refused When
the before for argument September 81 post
ponenen granted and plaintiff the 22d Sepem
Der filed transcript from the official stenogapher the
effect that plaintiff errors stated follows
ably before the the jury Il except the refusal of
the give the charges requested and also Your
Honor charge given the doctrine of estoppe Also the
Instructions that you did give with regard profits and
damages
The main question of the difficulty is whether refusal
the charge requested by plaintiff in and the
charge of the court given in the record as to be
available to the plaintiff IN error Section OF the statute
defining of Chap XCV of the Laws of 1922 reads
or all purposes of this Act the record shall be deemed in
pleadings notions bills of exceptions
desired by the plaintiff transcript of the evidence in
the case"
Section of precrbes that "a writ of may be
any appearing the record either of law
fact for any which might be assigned error at
define and declare the practice in trials
by jury Chap LVI, Laws of 1922 in its 9TH section pro
vies requests writing which the
give be marked by the Judge, in the margin,
refused and shall be filed in the and shall form
part of the record therein
the charge of the when given orally
by the stenoapher and thereafter transcribed
reduced writing by the and read, Shall be filed in
the and shall constitute part of the record thereof
written requests for instructions and charges of
when compliance with the above requirements part of the
the purpose of Error contemplated by the Sd and
18th sections above quoted? Section of
the Error Act will admit record of exceptions though
not reduced to bill of exceptions signed by
Republic, ante, p but in that
exception the ruling of law claimed be had
been allowed and signed by the Judge
We inimaed in Cummings IGlfkCG ante, that where
misionder the claimed the plaintiff could
have avaed himself of in Error though he had raised
the point in the trial and taken exceptions.
I'm instructive is DOriHg BaIdcip S. Il r..
No bill of exceptions had been rendered by counsel sealed
by the Judge but Act of the legislature required Judge
request reduce his charge writing land file the
of record in the cause The held that the charge filed
available in Error part of the record Says the
per Tlghman c. j., "An opinion filed by positive command
of law is of the body of the record and remain He
held that of the body of the record than bill
exceptions which could be withdrawn by the party who tend
cred it, Judge Yates cOncurrng said he bill of exceptions
would contain nothing than spread the record here
upon the charge of the upon question of law and
iu1U tho Ac\
to
of discretion trials postponing
for trial. other collateral
of the but it left the of the Superior
review in the if the record
before them a bill of exceptions sealed at the trial.