Christian Ex Rel. Von Holt v. Waialua Agricultural Co.

DISSENTING OPINION OF

PARSONS, J.

I respectfully dissent. The provision of section 2509, R. L. 1925, that “appeals shall be allowed * * * AAdienever the party appealing * * * shall pay the costs accrued,” etc., does not expressly place any limitation upon the costs thus to be paid except only the one that such costs shall have “accrued” and it does not expressly confine such costs to any one or more classifications. In Lufkin v. Grand Hotel Co., 24 Haw. 744, 747, this court held that certain items of expense therein set forth could not be properly classed as “costs of court” and that they…