Makainai v. Lalakea

Citations

• 24 Haw. 268
• 1918 Haw. LEXIS 49

Syllabus

<p>Fraud — pleading.</p> <p>In alleging fraud tbe rules of good pleading require that tbe inculpatory facts be specifically alleged so that tbe pleading on its face discloses tbe mode in which the fraud was accomplished.</p> <p>Equity — jurisdiction</p> <p>The several circuit judges may exercise their equity jurisdiction when and only when the party has no plain, adequate and complete remedy at law.</p> <p>Same — same—void deed — accounting.</p> <p>While ejectment is the proper remedy to recover land from one holding under a void deed, equity will entertain jurisdiction where the plaintiff cannot obtain complete relief at law and alleges facts showing that he is entitled to a discovery and accounting for rents of the land in controversy.</p> <p>Same — pleading—discovery.</p> <p>A bill for relief upon the ground of discovery must aver that the facts sought to be discovered are material to the cause of action; that the party has no means of proving them in a court of law and that the discovery of them by respondent is indispensable as proof.</p> <p>Same — same—accounting.</p> <p>Equity will relieve where the bill discloses that there is an account between the parties which cannot be conveniently and properly adjusted and settled in an action at law.</p>