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· 4/24/1920

Nahaolelua v. Fern

Citations

  • 25 Haw. 423
  • 1920 Haw. LEXIS 47

Syllabus

<p>Equity — dismissal of lili — practice.</p> <p>Where the bill of complaint is to be attacked for reasons extraneous of the record the correct mode of procedure is by the interposition of a proper plea and not by motion to dismiss.</p> <p>Same — same.</p> <p>The rule obtaining in this jurisdiction is that where the bill itself is deficient the proper defense is by way of demurrer. If for reasons appearing upon the face of the hill the suit ought not to be maintained a plea in abatement or other appropriate plea should he interposed.</p>

Judges: Coke, Edings, Kemp

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.