Lopez v. Kaiaikawaha

Opinión or the Court, by

Frear, J.

This is an action of ejectment to recover a piece of land situate at Waialua, Oahu, the same being a part of the land described in Boyal Patent 585 issued to Kawaihao. The case was tried at the January term, 1892, of the Supreme Court, before Judd, C. J., and a jury, and resulted in a verdict for the defendant. The case comes to this Court upon exceptions to the refusal of the presiding Justice to grant the plaintiff’s motion for a new trial, based on the following grounds:

1. That the verdict was contrary to the law and the evidence.

2. Surprise of plaintiff in…