Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1901-11-09
FOSTER GAINS POINT
SUPREME COURT GRANTS
HIM HIS DAY IN COURT
1t is a Majority Decision by Perry
and Cathcart- Justice Galbraith
Files a Dissenting
Opinion.

| ne oupItms So"r' !es,ua' 49,,
.,i a.,
nou n n,' as, T,ne..t. ,,,I
,n' Observation-Disclosures. vaIh w. ,n I",na pnrr 800" ga
~ ~, m.. oe -. 80
Sh,a, ,,.s,an $50 N, .in,nd .ba o,i,,
,nm Iii. I,,i.a ,,S.e,,h ,,;s,an,ss
therefrom. The following syllabus ex.
Mains the cause of tho appcai and the
andinp:
.Cor,o,, .mo,d,or,s % n hill ,,s
$50 80 .i,uuea S. en- g.
~ tba ayidonna u,,d that ,besr
ononir,o,ts nro.,r,od now aud a..
,,no, n,,s,,n, ~, ,.ai,oa Ia, en-, nri,, a.,
nj, adings ana ,ba, ,,naor Tho circm,,.
s,.nan, i, go 49,, ,',. ,ha ,,,,r, g.
ro,ns. :, rocajvo avidonco ofyorad nv
~ ,..,u,n5au, o., s,,r,,,, Of ~
an,o,,ar,on,s 80 ,ha,, ans,.,a., or5, .,
ar,or n 5ooroo anai,st ,nn r"snar,
ants ni,hn,, hoa,in,, s,,oh o,.iJnrra >,
u" -, oon
ne naJorl'! y, .ne court eonoi'ie'
''S op'h'on as 'oi'o"s.
In our opinion tho respondents
pave not mad their day III court as 10
the new issue raised by the ameun'
ments. Inc decree Appealed from Is
reversed ana the case Is remainder 20
me circuit Judge OF the rlrst JuciciaI
Court with Instructions TO recet'e
such evidence as ma! De onereu unues
IN. amendments 10 the pleadings anu
Tor such lurthef proceedings, consist
rnt with the foregoing views, as may
be proper.
Judge Galbraith's dissenting opinion
IL as follows
Il do not approve of the practice
recognized by the majority of the
court in this cause, A decree was en-.
tered against the respondents in the
court below. They appealed from
that decree to this court. When the
appeal was perfected and the case
placed on the calendar the respond.
ents did not press their appeal on its
merits. but presented a motion to re-
mand the cause to the Circuit Juds.
Not for a new hearing but with In.
structions to allow the introduction
OF evidence upon the plaintiffs ameri.
ed bill of complaint. the defendants
answers and plaintiffs' replica,i,r
thereto on file in this cause
1T was urged in support Of the mo.
ton that the amendment of the nIasd.
ings presented a new issue: that thay
offered evidence in support of this ia.
sue: that the offer was denied. that in
refusing TO admit the evidence offer.
ell the Circuit Judge committed error.
"Ry the motion Tho court 10 81,
I to single out this one alleged error and
segregate It from the rest of the
cause and without considering the An
peal as whole or hearing argument
ON the merits 10 do what the court 4;
only authorized to do after a full and
complete hearing of the cause an.
pealeS.
| Presumably the object of the An.
peal was to invoke the power of this
court as an appellate tribuual-a court
of review. This power Is presented In
section 1894 c. L.. and is IA follow,
In case OF such appeal to the Supreme
Court from decision. Judgment. or.
der or decree of q Circuit Court in
chambers the Supreme Court shall
have to review, reverse, affirm, mod.
lfy or remand for new hearing. In
chambers. such decision, Judgment. or.
der or decree In whole or In part. ard
as to any or all Of the parties
| "In equity appeals the whole record
Is before the court for review and
ought to be considered together.
This court ought not to be asked tn
exercise its power as reviewing
| ~ e''"' /" '"'i anu 'oihpitlc