Gear v. Henry

OPINION OF THE COURT BY

DE BOLT, J.

This is an appeal by the defendant on points of law from an order of the district magistrate of Honolulu denying a motion, made by the defendant upon special appearance, to quash the summons issued in the above entitled cause then pending before the district magistrate. The plaintiff moves to dismiss the appeal on the ground that the statute does not allow an appeal from such order, it not being final.

Under the provisions of section 1858, R. L., as amended by Act 23, Laws of 1909, “Appeals shall be allowed from all decisions of district magistrates in all…