Wilder v. Pinkham

Citations

• 23 Haw. 571

Syllabus

<p>Appeal and Error — appeal from equity decree.</p> <p>The proceeding in the supreme court' upon an appeal from a decision of a circuit judge sitting in equity is not a hearing de novo, but a review of the decree and of the ■ issues determined thereby.</p> <p>Abatement and Revival — suit by taxpayer — death of appellee.</p> <p>A suit by a resident taxpayer to restrain the illegal expenditure of public money will not be dismissed because of the death of the complainant after a decree has been entered in his favor and after the time for the filing of his brief in the supreme court on' an appeal by the respondents has expired but the appeal will be decided nunc pro tunc as of a day prior to the death of the appellee.</p>