Kalanianaole v. Liliuokalani ex rel. Andrews

Citations

• 23 Haw. 457
• 1916 Haw. LEXIS 53

Syllabus

<p>Appeal and Error — what constitutes -final order.</p> <p>What constitutes a final decision or order for tbe purpose of appeal depends rather upon the nature and effect of the decision than on the stage at which it is rendered. An order determining that a respondent in a suit in equity alleged to be of weak mind and under the undue influence and domination of another may appear, and would be recognized, only through a guardian ad litem appointed by the court, the alleged weakness of mind and undue influence being controverted, is a final and appealable order.</p> <p>Same — review of interlocutory rulings.</p> <p>An appeal from a final order in a suit in equity brings up for review all interlocutory rulings which affected the appellant, but not those which affected only a co-party who has not appealed, and which did not enter into the order appealed from.</p> <p>Insane Persons — persons under undue influence — appointment of next friend or guardian ad litem.</p> <p>A next friend or guardian ad litem may be appointed for a person who, though not insane, is alleged to he weak minded and, because of the undue influence and domination of another, is not a free agent. But where an issue is raised by the party’s denial of such weak mindedness and undue influence, that issue must be heard and determined in limine and before further steps are taken in the suit.</p> <p>Equity — pleading—interest of complainant in subject matter.</p> <p>A bill in equity is demurrable which does not show that the complainant has an interest in the subject matter of the suit. The next of kin of a living person has no estate or interest at law or in equity in the property of that person. Nemo est haeres viventis.</p>