Maalo v. Kaiapa

OPINION OF THE COURT BY

L. A. DICKEY, ESQ.

This case was tried before the Circuit Court of the Second Circuit, jury waived, at the June Term, A. D. 1898.

Sec. 1138 Civil Code (Sec. 1253 Civil Laws) provides that “In such case the Court shall hear and decide the cause, both as to the facts and the law, and its decision shall be rendered in writing.” In this case there was no written decision as required by the statute but it appears from the bill of exceptions that an oral decision was made to which exception was taken. Such oral decision is void as it does not comply with the statute supra, and…