Murphy v. McKay

OPINION OF THE COURT BY

QUARLES, J.

The plaintiff commenced this action of assumpsit in the district court of Wailuku against the defendant and obtained judgment for a small amount, from which judgment the defendant has appealed to this court on points of law. In the notice of appeal it is recited that the appeal is upon points of law, to wit: “The court erred in overruling defendant’s motion for a nonsuit, said motion for nonsuit being on the following grounds” (naming four grounds for the motion) “and 2, that the court erred in taxing costs against the defendant herein.” In the district…