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Ahlo v. Aiau

Ahlo v. Aiau, 8 Haw. 70 (1890)
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Court
Hawaii Supreme Court · State Highest Courts
Decided
May 1, 1890
Judges
Bickerton, Dole, Judd, McCully
Citations
8 Haw. 701890 Haw. LEXIS 33
Headnotes
The findings of fact of a justice trying a case, with jury waived, will only be set aside when the verdict of a jury would be set aside.
Summary
Exceptions.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — McCully

Text extracted by OCR from a scanned original; check the original for exact wording.

Opinion oe the Court, by McCully, J.

This was an action of ejectment, the jury waived, and tried by the Chief Justice, who found for the plaintiff for one undivided half of the land claimed and $50 damages.

The defendant, in a bill of exceptions, claims (1) that the decision does not accord with the testimony, and (2) that the Court erred in finding that one Napahi was related to Kekueliilii, the patentee of the premises.

We regard the first point as too vague to be considered. In respect to the second point, the testimony given in support of *71 the relationship would have justified a jury in the same finding which the Court made, and upon well-settled principles such a verdict would not be set aside, and the finding of the justice will not be set aside.

W. R. Castle, for plaintiff. S. K. Kane, for defendant.

Exceptions overruled.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1895: 11915: 11934: 118952026peak 1895 · 1

Relies on it most ⓘ

  1. De Fraga v. Portuguese Mutual Benefit Society10 Haw. 128 (1895)
  2. Ripley & Davis v. Kapiolani Estate, Ltd.22 Haw. 507 (1915)
  3. Ryan v. City of Honolulu33 Haw. 92 (1934)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 0

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