22 Haw. 129 | Haw. | 1914
OPINION OP .THE COURT BY
The plaintiff commenced a summary proceeding in the district court of Honolulu against the defendant to recover possession of certain premises alleged in the declaration to have been leased, by parol, by the plaintiff to the defendant for one year, and wrongfully withheld from plaintiff by the defendant after expiration of said lease. The defendant filed a plea to the jurisdiction of the district court based upon the ground that the title to real estate was involved, which plea was accompanied by affidavit, pursuant to rule 15 of this court, wherein, after preliminary matters, it was stated: “That the defendant is in possession of the premises described in the petition, not as
The plea was overruled in the district court and a judgment for restitution entered in favor of the plaintiff, from which the defendant appealed to the circuit court, where said plea was overruled and judgment of restitution in favor of the plaintiff entered. The defendant moved for a new trial in the circuit court upon various grounds, the first one of which was that the court erred in overruling his plea to the jurisdiction of the court. The motion for a new trial was denied, and the defendant brings the case here upon exceptions.
In our view, the plea to the jurisdiction of the district court was well taken and should have been allowed. This being true it is unnecessary to discuss any other question in the case.
The summary proceeding was provided for the protection of landlords against tenants who have violated some material condition of the lease, or 'wrongfully withhold possession after expiration of the lease, in order to avoid the delay and expense incident to actions in ejectment. The fact of possession in a summary proceeding is the principal question, incidental to which expiration of the lease or forfeiture thereof’ may arise, but no question of title can be litigated in such proceeding. (DeFries v. Kanakanui, 20 Haw. 712.) The remedy does not apply where the relation of landlord and tenant is denied, but only where it “confessedly existed.” (Kaaihue v. Crabbe, 3 Haw. 768; Coney v. Manele, 4 Haw. 154.) We interpret the
The exceptions are sustained, and the cause remitted to the circuit court for further proceedings consistent with the views expressed in this opinion.