Territory Ex Rel. Sylva v. McGillivray

OPINION OF THE COURT BY

RICE, J.

This case, a proceeding in eminent domain, has come up on appeal by writ of error to the circuit court, third circuit, Territory of Hawaii, where, as law number 2903, it was tried, jury waived.

By a petition filed in said circuit court on August 18, 1953, and summons issued on the same date, the defendant in error, as plaintiff, hereinafter referred to as appellee, instituted proceedings, pursuant to chapter 8, Revised Laws of Hawaii 1945, as amended by Act 12, Session Laws of Hawaii 1951, to condemn for public purposes — Hawaii belt road — three parcels of land,…