Stone v. Allen
Hawaii Supreme Court
This opinion was rendered by Mr. Justice Judd as Intermediary Court of Oahu, March 23d, 1874, and was affirmed by the full Court on appeal. It is printed as originally rendered. This is an action for money had and received, for one-half of a fine imposed by the Police Court of Honolulu for smuggling opium, and for one-half of the proceeds of said opium.
Read the full summary
This opinion was rendered by Mr. Justice Judd as Intermediary Court of Oahu, March 23d, 1874, and was affirmed by the full Court on appeal. It is printed as originally rendered. This is an action for money had and received, for one-half of a fine imposed by the Police Court of Honolulu for smuggling opium, and for one-half of the proceeds of said opium. It is admitted that the fine and proceeds of the opium are in the hands of the defendant as Collector General, that the plaintiff has, as by law required, presented his sworn claim to the defendant for one-half of said fine and of said…
1Opinion of the Court
By the Court :
The defendant’s counsel has interposed a preliminary objection to my jurisdiction, sitting in place of the Circuit Judge for the Island of Oahu, contending that under the Code and the Act of 1874, appeals from Police or District Courts on points of law can only be made to the Supreme Court in Banco. I am of the opinion that our statutes authorize an appeal on points of law to a Circuit Judge in the other Judicial Circuits, and to a Justice of the Supreme Court at Chambers, on the Island of Oahu.
On the plea to the jurisdiction :
Section 671 of the Civil Code prescribes that fines…
2Cases cited4 opinions
- Jones v. Shore'sSupreme Court of the United States · 1816
- The King v. Paakaula & KahaulikoHawaii Supreme Court · 1867
- Sawyer v. SteeleU.S. Circuit Court for the District of Eastern Pennsylvania · 1819
- Brewster v. GelstonNew York Supreme Court · 1814