18 Haw. 267 | Haw. | 1907
OPINION OF THE COURT BY
This is a suit to foreclose a tax lien pursuant to section 126G, R. L., as amended by Act 89 of the Laws of 1905. The hearing was had on December 1, 1906, at the conclusion of which tho
The judgment of December 14 may be treated as an order making certain findings prior to the entry of a final decree or as a part of the final (although erroneously headed supplemental) decree filed December 18 as of December 1, in either of which cases the appeal will have to be dismissed, in the first case because without consent of the circuit judge one cannot appeal from a decree which is not final (see R. L., Sec. 1859 and note), and in the second case because one cannot select a part of a decree and appeal from that part alone. The fact that defendant had no knowledge at the time of filing his appeal that the final decree had been entered is immaterial.
Appeal dismissed.