Yee Hop v. Nakuina

Citations

• 25 Haw. 205
• 1919 Haw. LEXIS 19

Syllabus

<p>Abatement and Revival — grounds of abatement — another action pending.</p> <p>If a suit is commenced while a prior suit is pending in the same court for the same cause between the same parties the pendency of the prior suit is a good plea in abatement unless a dismissal, discontinuance or other termination of the first suit is had before the plea of the pendency of such suit is filed in the second suit.</p> <p>Dismissal and Nonsuit — voluntary termination — necessity of leave of court.</p> <p>A formal order or judgment of the court is unnecessary to enable a plaintiff to discontinue his suit before trial but the consent of the court, either express or implied, is necessary.</p>