Hamano v. Miyake

Citations

• 24 Haw. 12
• 1917 Haw. LEXIS 20

Syllabus

<p>Statutes — amendment—effect.</p> <p>When a statute is amended “to read as follows,” those parts which are omitted are repealed and new provisions talce effect at the time the statute as amended becomes operative (Following Weingheimer v. Lufkin, 22 Haw. 183).</p> <p>Same — same—presumption as to oversight.</p> <p>Courts will not presume an oversight on the part of the legislature in the enactment of an amendatory statute where such presumption is avoidable.</p> <p>Triad — words and phrases.</p> <p>The word “trial” as-used in See. 2270 R. L. as amended by Act 49 S. L. 1917, means a trial on the merits — the examination of the evidence for the purpose of determining the issues of fact between the parties, and does not include the hearing of an appeal from a district court solely on points of law.</p>