The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1899-04-14
In THE SUPREME COURT OF TIE HAWAIIAN
ISLANDS.
SEPTEMBER TERM, \. ID. 1898.

OF THE BAR. IN PLACE OF FREAR, j. ABSENT.
an o by ea nj on By shs brought o up on s1ssD
In of a case a court,
of therein the pedngs wit ANY
a that deendans exceptions therein ~f d w d aa e
and sa a Sec of he 40 of @ ss saws and ths
of Rules the Circuit Courts does not apply in tins
he
OPINION OF THE COURT BY J. T. DE
This is an action of debt the Circuit Court of
the First Judicial Circuit and disposed OF therein at the
August term, 1898, thereof the pleadings without any
evidence being and without trial upon the merits
To the plaintiffs petition filed therein the defendants inter
posed demurrer, which the overrued whereupon the
defendants duly excepted the ruling of the thereon
and having reduced the exception thus taken writing the
duly allowed signed by the judge, and filed
herein. Thereafter defendants declining file
plaintiffs petition, counsel for the plaintiff moved the court
that Judgment be given and entered upon the record against
the defendants for the of the plaintiffs claim and costs
This motion the granted which ruling the defendants
also duly excepted and this exception likewise reduced
writing and being duly allowed and signed by the Judge
the then filed herein.
Counsel fer the defendants also filed notice of appeal heren
which consider wholly unnecessary and irregular this
being action a law in which appeal does le
(Se7ao Soares ct a. ante 2S4) Under the Judiciary
Act of 1892 and the amendment thereto Ac 40, Laws of
1s9s) actions at law, (he action at bar being
of this caracte and only be brought up from
the circuit exceptions bill of exceptions under
Chapter 95 of the Laws of 1892, by a writ of
Upon the allowance of such exceptions and the deposit of
twenty-five dollars bond of this amount, by the party
excepting with the clerk of such court, for in
the Supreme Court the questions arising thereon shall be
considered by the Supreme Court (Sec rs Chap 81, Laws
1922 these having been duly taken the
thus by operation of law transferred to the Supreme
Court There also filed herein certificate signed by the
trial Judge, which, form and substance substantial
compliance with Rule of this promulgated June oath,
calendar.
Upon this being reached the calendar in this
counsel for the plaintiff moved the tha the appeal of
the defendants herein be dismissed the ground that
appeal lies from the decision of the circuit herein
This motion allow the ground therein stated and
for the herenabove mentioned There yet remains,
however for further consideration the question of the de
PENDANTS exceptions which duly taken, allowed signed
and filed herein above shown.
Counsel for the plaintiff both in oral argument and their
brief addition their motion to dismiss defendants appeal
and their thereon further conended that the
defendants had incorporated their exceptions bill of
exceptions that therefore, the defendants properly
before this and entitled be heard upon
their said exceptions. With this contention agree
The question thus presented by the record in this
decision, is without judicial precedent in the Hawaiian
Islands.
Counsel for the plaintiff base their upon the
Judiciary Act of 1892 and the amendments thereto and upon
Rule Is of the Rules of the Circuit Courts
Section 2 of Act 40 of the 1898 which amends
Section "A of said Judiciary Act provides among things
that the exceptions, "beg reduced writing summary
mode, and presented to the iuGge during the term
being found to truth shall be allowed and
signed by the Judge
The defendants case have complied with This and
with all other necessary statutory provisions, and Rule Is
does apply herein haever its application may in other
where evidence has been aduced regular trial had
the facts because the alleged fully and suf
GENTLY indicated by the exceptions brought up It. therefore
necessarily and logically follows that the defendants are prom
ery before this their said exceptions and entitled
to be heard thereon.
The at bar which involves exceptions the ruling