Wong Wong v. Honolulu Skating Rink, Ltd.

Citations

• 25 Haw. 739
• 1921 Haw. LEXIS 52

Syllabus

<p>Trial — effect of sustaining exception.</p> <p>When an exception is sustained and notice thereof is received by the circuit court it is the duty of the circuit court as a matter of law and not in consequence of any direction of this court to give effect to our decision.</p> <p>Same — same—circuit court may look to opinion to ascertain effect of decision.</p> <p>The effect of sustaining an exception without directions depends upon the grounds on which it is based as expressed in the opinion of the court and the circuit court in order to ascertain the effect may look not only to the formal notice transmitted to it but to the whole record, including our opinion.</p> <p>Same — effect of sustaining exception which goes to the merits.</p> <p>If the exception sustained goes to the merits of the case, that is, constitutes such a holding as necessitates a certain judgment, there is nothing left but to enter such a judgment, hence the sustaining of an exception to an order overruling a motion for nonsuit on the ground that there was nothing due the plaintiff when the suit was filed left nothing for the circuit court to do but enter the judgment of nonsuit.</p>