Reports of Decisions Rendered by the Supreme Court of the Hawaiian Islands, Volume 7H.L. Sheldon, 1890 - Law reports, digests, etc |
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Common terms and phrases
action alleged allowed appeal Article Ashford Attorney-General authority BICKERTON and DOLE bill of exceptions Brewer & Co Castle & Cooke Cecil Brown charge Chief Justice Circuit Court Civil Code claim Constitution contract conviction counsel covenant damages decision decree deed defendant defendant's demurrer discretion dismissed dollars Dowsett entitled equity evidence execution fact filed grant ground guardian habeas corpus Hawaiian Government Hawn held Honolulu indictment issue JUDD Judge judgment jury Kaaukai King Kingdom land lease Legislature license Mahele Majesty matter MCCULLY Minister mittimus Moiwahine Molokai mortgage motion Oahu offense opinion opium overruled paid parties Paul Neumann person plaintiff plaintiff in error Police Court possession premises PRESTON and BICKERTON question reason refused rent repealed resulting trust rule says schooner Section spirituous liquors statute suit Supreme Court testimony thereof tion trial trust verdict vessel witnesses writ
Popular passages
Page 558 - It is that state of the case, which, after the entire comparison and consideration of all the evidence, leaves the minds of the jurors in that condition that they cannot say they feel an abiding conviction, to a moral certainty, of the truth of the charge.
Page 515 - Rights of property, like all other social and conventional rights, are subject to such reasonable limitations in their enjoyment, as shall prevent them from being injurious, and to such reasonable restraints and regulations established by law, as the legislature, under the governing and controlling power vested in them by the constitution, may think necessary and expedient.
Page 463 - ... any convict, lunatic, idiot, or any person unable to take care of himself or herself without becoming a public charge...
Page 76 - The courts cannot enlarge the scope of the title. They are vested with no dispensing power. The Constitution has made the title the conclusive index to the legislative intent as to what shall have operation. It Is no answer to say that the title might have been made more comprehensive, if In fact the Legislature have not seen fit to make it so.
Page 773 - State, by which persons and property are subjected to all kinds of restraints and burdens, in order to secure the general comfort, health and prosperity of the State, of the perfect right, in the Legislature, to do which no question ever was, or upon acknowledged general principles ever can be, made, so far as natural persons are concerned.
Page 35 - Nothing is more incumbent upon Courts of Justice, than to preserve their proceedings from being misrepresented ; nor is there anything of more pernicious consequence, than to prejudice the minds of the public against persons concerned as parties in causes, before the cause is finally heard . . . There are three different sorts of contempt.
Page 355 - Every objection to any indictment for any formal defect apparent on the face thereof shall be taken by demurrer or motion to quash such indictment before the jury shall be sworn, and not afterwards ; and every court before which any such objection shall be taken for any formal defect may, if it be thought necessary, cause the indictment to be forthwith amended in such particular by some officer of the court or other person, and thereupon the trial shall proceed as if no such defect had appeared.
Page 202 - The principle asserted is, that one legislature is competent to repeal any act which a former legislature was competent to pass ; and that one legislature cannot abridge the powers of a succeeding legislature.
Page 24 - In obeying and construing these Rules due regard shall be had to all dangers of navigation and collision, and to any special circumstances which may render a departure from the above Rules necessary in order to avoid immediate danger.
Page 695 - Goodwin, to and for her own use and benefit and disposal absolutely, the remainder of said estate after her decease to be for the use of the said Jesse Goodwin.