· 7/20/1967
Fleming v. Napili Kai, Ltd.
Citations
- 430 P.2d 316
- 50 Haw. 66
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- declaring that equity jurisprudence “is not bound by the strict rules of the common law, but can mold its decrees to do justice amid all the vicissitudes and intricacies of life” (quoting Bowen v. Hockley, 71 F.2d 781, 786 (4th Cir.1934))
- stating “[i]t is the usual and common practice in this State to use roadway easements as rights of way for electricity, telephone, water and drainage facilities.... ”
- partition decree provides roads are “for the use of everyone having any interest in the said lands”
- partition decree provides roads are \for the use of everyone having any interest in the said lands\
- “[T]he court of equity has plenary power to mold its decrees in such form as to conserve the equities of all parties . . . .”
- usual practice to use road easement for electricity
Source: CourtListener parenthetical corpus (CC0).
Judges: Abe, King, Levinson, Marumoto, Mizuha, Place, Richardson, Vacation
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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