20 Haw. 192 | Haw. | 1910
OPINION OF THE COURT BY
This is an action to quiet the title to a piece "of land situated in the City of Honolulu. Judgment was for the defendant. Of the plaintiffs exceptions all have been expressly abandoned save those which were taken to the decision and the judgment on the ground that they Were contrary to the law and the evidence and the weight of the evidence, and under these exceptions the only points argued are that the evidence was insufficient to support a judgment for the defendant and that the decision and judgment cannot stand because the decision, although in ■writing, does not set forth the trial court’s reasons therefor.
The decision, after reciting the facts of the appearance of counsel for the respective parties and of due trial having been had, continues: "The court having heard the evidence adduced and the argument of counsel and being fully advised in the premises finds that Mary Kahai, plaintiff above named, is not entitled to the.relief prayed for in the amended complaint herein and therefore gives judgment in favor of defendant 'and against the plaintiff, with costs taxed in the sum of $41.85. Let judgment be entered accordingly.” Cases may arise in which it is difficult to determine whether the written decision contains a sufficient statement of the reasons leading to the con
It is unnecessary, however, to order a new trial. No error now relied upon is claimed to have occurred prior to the rendition of the decision. It will be sufficient, reversing the jndg
The exceptions are sustained, the decision and judgment set aside and the cause remanded for the entry of a decision in accordance with the provisions of Act 117 of the Laws of 1909, without prejudice, as above stated, to the right of either party to apply for leave to introduce, or of the court to request or admit, further evidence, and without prejudice, also, to the right of either party to take exceptions to such decision when rendered, or to the right of the plaintiff, if she shall be the appellant, to incorporate in her new bill of exceptions the exceptions already noted at the trial.