Nawahie ex rel. Lamnui v. Kamalani

Citations

• 24 Haw. 82
• 1917 Haw. LEXIS 12

Syllabus

<p>Insane Persons — person mentally incompetent to transact business affairs — suit brought in name of next friend or guardian ad litem —proceedings.</p> <p>A next friend may institute a suit for a person who is alleged to be mentally incompetent, buf where an issue is raised by the party’s denial of such mental incompetency the issue thus raised is properly determined by the court in limine before further steps are taken in the suit.</p> <p>Trial — judicial inquiry.</p> <p>Upon an inquiry in limine regarding the status of a person alleged to be mentally incompetent a judicial hearing is required and the taking of the evidence of but one witness followed by a refusal on the part of the court to hear any other or further evidence falls short of a judicial inquiry as contemplated by the law.</p>