Coleman v. Coleman
Hawaii Supreme Court
Rule to Show Cause. An appeal from a decree of separation was not perfected within the time prescribed by Rule of Court, but counsel for appellee waived objections, and the case was heard on appeal, resulting in a reversal of the decree. Held, distinguishing Paakuku vs. Komoikehuehu, 3 Hawn., 642, counsel had the right to make the waiver; it affected the jurisdiction of the Court as to the persons, not as to the subject matter.
1Opinion of the Court
Opinion oe the Court, by
Chief Justice Judd.
The Chief Justice made a decree in this case in favor of petitioner on the 12th September, 1884. The respondent noted an appeal to the Court in Banco. A bond for costs was duly filed within the ten days required by rule of Court, but accrued costs were not paid until the next day after the ten days had expired.
At the October term — October 15th — a motion was made by respondent’s counsel to place the cause upon the calendar. The motion was resisted on the ground that the appeal was not properly perfected.
Pending a decision, petitioner’s counsel…
2Cases cited14 opinions
- Carr v. DooleyMassachusetts Supreme Judicial Court · 1876
- Santom v. BallardMassachusetts Supreme Judicial Court · 1882
- Isaac v. SwiftCalifornia Supreme Court · 1858
- Holmes v. RogersCalifornia Supreme Court · 1859
- Lewis v. JohnsCalifornia Supreme Court · 1864
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3Cited by5 opinions
- Territory of Hawaii ex rel. Holloway v. CottonHawaii Supreme Court · 1906
- Hind v. Wilder's Steamship Co.Hawaii Supreme Court · 1902
- Spooner v. RiceHawaii Supreme Court · 1898
- In re the Estate of KamakalaHawaii Supreme Court · 1899
- Correa v. Waiakea Mill Co.Hawaii Supreme Court · 1930