Houghtailing ex rel. Steere v. De La Nux

Citations

• 25 Haw. 438
• 1920 Haw. LEXIS 44

Syllabus

<p>Appeal and Error.</p> <p>By tbe provisions of section 2522 R. L. 1915 as amended by Act 44 S. L. 1919 tbis court is precluded on a writ of error from reversing any finding depending on tbe credibility of witnesses or the weight of evidence.</p> <p>Equity — laches—statute of limitations.</p> <p>Tbe question of laches does not depend, as does tbe statute of limitations, upon tbe fact that a certain definite time has elapsed since the cause of action accrued, but whether under all of tbe circumstances of tbe particular case complainant is chargeable with a want of due diligence in failing to institute suit before she did.</p> <p>Appeal and Error — sufficiency of hill — point waived when not seasonably made.</p> <p>A question not jurisdictional and which was not raised by demurrer nor in appellants’ specifications of error nor in their brief comes too late to have consideration when presented for tbe first time during tbe oral argument of counsel.</p>