Castle v. Irwin

Citations

• 25 Haw. 807

Syllabus

<p>Appeal and Error — party appealing must have interest.</p> <p>The appellate jurisdiction of this court can only be invoked by a party aggrieved by the decision, judgment, order or decree appealed from.</p> <p>Same — same—Act 1/5 S. L. 1919 construed and applied.</p> <p>Act 45 S. h. 1919 provides that “In case the decision, judgment, order or decree sought to be reviewed was rendered against two or more persons * • * all such cases shall be determined as if all such persons had joined in the appeal;” but where the decree appealed from is not against one of the parties he cannot prosecute an appeal nor will he be permitted to be heard upon the appeal of some other party against whom the decree was rendered.</p> <p>Trusts — attitude of trustees in controversy between real parties in interest.</p> <p>The trustees should occupy a neutral and indifferent attitude in any controversy between the real parties in interest and clearly they ought not to be allowed to litigate the claim of one such interested party as against another suph party.</p> <p>Same — duty to protect estate.</p> <p>If the estate itself as an entity is attacked it would be the duty of the trustees to defend and if such defense requires that an appeal be prosecuted it would be their right and duty to prosecute the appeal.</p> <p>Same — same.</p> <p>So if the interests of the estate require the bringing of a suit such suit should be brought by the trustees and in the event of an unfavorable judgment the trustees should appeal therefrom if such appeal would be proper to protect the interests of the estate.</p> <p>Same — same.</p> <p>But with controversies which affect the individual interests alone of those who may be interested in their trust the trustees have nothing to do and consequently cannot be aggrieved by a decree which affects only those individual interests. .</p>