Territory of Hawaii ex rel. County of Maui v. Howell

Citations

• 25 Haw. 320
• 1920 Haw. LEXIS 63

Syllabus

<p>Judgments — admissibility as evidence against stranger.</p> <p>For the mere purpose of establishing the fact of its own rendition and those legal consequences which result from that fact, the judgment itself is not only admissible as the proper legal evidence but usually conclusive to prove that fact.</p> <p>Same — same.</p> <p>A judgment is not evidence against a stranger to the suit in which it was rendered to prove the existence of any of the facts necessary to support that judgment.</p> <p>Appeal and Error — final judgment in appellate court.</p> <p>In an action at law where the parties are as a matter of right entitled to a jury trial the appellate court can upon a reversal direct the entry of a judgment only where the error occurred after entry of the verdict.</p> <p>Same — same.</p> <p>An appellate court in reversing a judgment for the plaintiff on the ground of insufficiency of the evidence will direct a judgment for the defendant only when it appears that no new evidence can be procured upon a new trial.</p>