22 Haw. 507 | Haw. | 1915
OPINION ÓF THE COURT BY
This case was heretofore in this court on exceptions from a verdict and judgment in favor of the plaintiffs, and a new trial was granted on the ground that it was apparent from the record and instructions given by the court, the jury, without evidence to support their verdict, found for the plaintiffs under the first count of their complaint which alleged a special promise, and not under the second count which was upon a quantum meruit for service rendered by the plaintiffs to the defendant, as architects. Upon the return of the cause to the circuit court the parties entered into a stipulation in writing whereby the plaintiffs withdrew the first count of their complaint, and the cause was submitted to the court without a jury upon the second count, and upon the evidence taken at the former trial as embodied in the official reporter’s transcript, each party reserving the right
The remaining exceptions are in words and figures as follows, to wit:
■“Exception No. 3. That thereafter and on to wit: the 14th day of October, 1914, a decision was filed in the above entitled cause by said judge, and to the filing of which decision, the defendant duly excepted and the exception was allowed.”
Exception No. 4. That thereafter, and on to wit: the 19th day of October, 1914, judgment was entered in the above entitled cause by the Clerk of said Court and to the entering of such judgment, defendant duly excepted and the exception was allowed.”
These two last exceptions are too general and indefinite to be considered. In a long line of decisions this court has held that exceptions must be sufficiently definite and specific to call to the attention of this court a point of law which was called to the attention of the trial court affecting the legality of its ruling, thus giving the lower court the opportunity to correct its ruling if erroneous. “The object of an exception as contemplated by
We are of the opinion that the exceptions should» be overruled, and it is so ordered.
Exceptions overruled.