Territory v. Kauhane

Citations

• 25 Haw. 307
• 1919 Haw. LEXIS 12

Syllabus

<p>Appear and Error — exceptions—costs.</p> <p>Section 2514 R. L. 1916 provides that upon the allowance of a bill of exceptions and the deposit of twenty-five dollars or a bond of the same amount by the party excepting with the clerk of the court for costs to accrue in the supreme court the questions arising thereon shall be considered by the supreme court. This statute expressly designates all that is required of an appellant in order to entitle him to have the questions presented by the bill of exceptions considered by the supreme court and it is beyond the power of the supreme court by rule or otherwise to add to these requirements.</p> <p>Same — same—same.</p> <p>If subdivision 5 of Rule 8 of the supreme court is to be construed as placing burdens upon an appellant contrary to the statute above referred to then the rule is in conflict with the statute and must give way to it.</p> <p>Courts — power of to -prescribe rules.</p> <p>The power of a court to make rules for governing the practice and conducting the business of the court is always subject to the limitation that such rules must not contravene a statute or the organic law.</p>