Holiona v. Kamai

Citations

• 24 Haw. 638
• 1919 Haw. LEXIS 72

Syllabus

<p>Judgment — power to set aside after term.</p> <p>The rule that a court cannot set aside or alter a final judgment after the expiration of the term at which it was entered is modified by statute (Sec. 2442 R. L. 1915) to the extent that it may set aside its judgment provided a motion for a new trial is filed within ten days without regard to whether that period ends before or after the expiration of the term.</p> <p>Appeal and Error — writ of error — exception — rule where both are attempted.</p> <p>Where a writ of error which sought a review of certain rulings was dismissed in this court without being considered on its merits a review of the same rulings may be had by exceptions subsequently perfected.</p> <p>Same — nunc pro tunc order.</p> <p>Notwithstanding an order is made nunc pro tunc the time within which a bill of exceptions may be presented to the judge for allowance runs from the date the order was actually made.</p> <p>Trial — prima facie showing.</p> <p>Where plaintiffs made out a prima facie case and the defendants offered no evidence and made no effort to controvert the evidence of the plaintiffs the verdict should be for plaintiffs.</p>