Tomishima v. Hurley

Citations

• 25 Haw. 165
• 1919 Haw. LEXIS 29

Syllabus

<p>Appeal and Error — void default judgment — appeal therefrom.</p> <p>The general rule that an appeal or writ of error does not lie from a judgment by default without first moving to have the default set aside does not apply where the errors assigned are of such a nature as, if sustained, would render the judgment void.</p> <p>Same — same—defective complaint.</p> <p>Where the default judgment is attacked on the ground that the complaint does not state a cause of action and no motion has been made in the trial court to have the judgment set aside the complaint will be liberally construed and supported by every legal intendment and if it states facts sufficient to render the judgment thereon a complete bar to another suit for the same cause of action it will withstand the attack.</p>