Brown v. Walker

Citations

• 24 Haw. 285
• 1918 Haw. LEXIS 47

Syllabus

<p>Equity — decree—certainty.</p> <p>A decree in equity foreclosing a mortgage securing a note payable in instalments which sets forth the note in haec verba, finds that the first instalment thereof is due and unpaid, and finds that the conditions of the mortgage had been broken.by the nonpayment of the note, is not void for uncertainty.</p> <p>Execution — equity—jurisdiction.</p> <p>An execution may issue upon a decree for money rendered in a suit in equity where the court rendering the decree had jurisdiction of the subject-matter of the suit and of the parties.</p> <p>Equity — lease—relief from forfeiture — damages.</p> <p>Equity having jurisdiction to relieve from a forfeiture for nonpayment of rent, water and sewer rates, the decree properly offset the rental value of the demised premises during the time they were withheld by the lessor from one who had purchased the leasehold at execution sale and tendered the rent due, against the rent in arrears.</p> <p>Evidence — impeaching and supporting witness.</p> <p>Evidence is not admissible to prove that the reputation of a witness for truth and veracity is good where there has been no attempt to impeach him by showing that his reputation for truth and veracity is bad.</p>