In re the Estate of De Mello

Citations

• 23 Haw. 720
• 1917 Haw. LEXIS 34

Syllabus

<p>Certiorari — pleading and practice.</p> <p>Where, before a writ of certiorari to review an alleged invalid order made by a circuit judge at chambers was issued, the order complained of had been set aside and substituted by another order entered by the circuit judge of his own motion, and the record sent up does not show that the petitioner had notice of the substitution before he applied for the writ but does show that the second order is open to the same objection as the first, the supreme court will not dismiss the writ or require an amendment to the petition or writ, but will dispose of the matter on its merits.</p> <p>Courts — jurisdiction—prolate order.</p> <p>A circuit judge sitting at chambers in a proceeding in probate has no authority to make an order directing a trustee to render an accounting or pay money into court.</p>