Sherman v. McClellan

Citations

• 24 Haw. 428
• 1918 Haw. LEXIS 22

Syllabus

<p>Appeal and Erroi — record—reserved questions.</p> <p>This court will return unanswered for decision by tbe circuit judge in the first instance reserved questions based upon a lengthy original record in tbe circuit court and tbis court will answer no reserved questions except upon a record made ifor and to remain in tbis court.</p> <p>Same — reserved questions — returned unanswered.</p> <p>Where tbe plaintiff sues forty-seven defendants, a number of appearances being made by various counsel for some of tbe defendants, one of tbe defendants answering tbe bill of complaint which was for accounting, discovery and enforcement of stockholders’ liability in a corporation, numerous demurrers being filed upon behalf of tbe other defendants wherein numerous grounds of demurrer are alleged, each of tbe demurrers being different from tbe other and whereby a large number of questions are raised, tbe circuit judge at tbe bearing of tbe demurrers and before tbe argument was completed reserved tbe questions as to whether or not tbe demurrers should be sustained, and if not all of them, which of tbe demurrers should be sustained and which should be overruled, such reserved questions do not present concrete questions of law contemplated by tbe statute and tbis court will return tbe same unanswered.</p>