Minister of Interior v. Parke
Hawaii Supreme Court
ON EXCEPTIONS TO RULING OF CHIEF JUSTICE HARRIS ON 'THE 'DEFENDANT’S PLEA. The Minister of Interior brought an action to recover rents collected by defendant’s intestate from Government lands. The claim was not presented to the administrator within six months of the publication of the notice to creditors.
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ON EXCEPTIONS TO RULING OF CHIEF JUSTICE HARRIS ON 'THE 'DEFENDANT’S PLEA. The Minister of Interior brought an action to recover rents collected by defendant’s intestate from Government lands. The claim was not presented to the administrator within six months of the publication of the notice to creditors. The statute Iimitingithe time within which claims may be presented against estates of .deceased persons was pleaded ; Held, that the statute is no bar to a claim by the Government.
1Opinion of the Court
Opinion of the Court by
Harris, C. J.
The plaintiff claims in this action from the defendant, as administrator of Charles Kanaina, <eight hundred dollars for so much money had and received by the said Kanaina in his life time for rents of certain property in Honolulu alleged to be the property of the Hawaiian Government. This complaint was filed January 13, 1881, during the progress of the last term and it sets forth that the defendant was appointed administrator of the estate of Charles Kanaina, on the 5th day of April, 1877.
The defendant answers that, immediately on his appointment, he caused…
2Cases cited1 opinion
- Mayor of South Memphis v. HowardTennessee Supreme Court · 1855
3Cited by3 opinions
- In re the Territory of HawaiiHawaii Supreme Court · 1920
- Territory of Hawaii ex rel. Sylva v. MakaaaHawaii Supreme Court · 1959
- Kunewa v. KaanaanaHawaii Supreme Court · 1907