Novite v. Ham Pong

OPINION OF THE COURT BY

WATSON, J.

(Quarles, J., dissenting.)

The defendant in error (plaintiff below) moves to dismiss the writ of error sued out by the defendants on the ground that the judgment and execution thereon are fully satisfied. The petition for the writ was filed and the writ issued on September 28, 1915. The action was one for summary .possession originally brought in the circuit court of Wailuku, Maui. The declaration in the district court is as follows:

“That heretofore, to wit, on the 4th day of November, 1913, the plaintiff herein did demise, let and lease unto Ham Pong' and Kong…