Kalehua v. Kamaka
Hawaii Supreme Court
A person whose relationship to the intestate is that of great uncle cannot inherit under our statute of descent — following Makea v. Nalua, October, 3879. The rule of stare decisis does not authorize the Court in this case to reverse Makea v. Nalua, but this is a matter forlegislative action.
1Opinion of the Court
Opinion of the Court by
Austin^ J.
The question in this ease is whether the plaintiff who claimed an estate by a title derived from a great uncle of Nakila, the intestate could recover in ejectment.
The law involved in this question was decided against the plaintiff at the October Term, 1879, by a divided Court, Justices Harris and McCully concurring in the decision and Justice Judd dissenting.
On thoroughly considering the brief of the plaintiff’s counsel and the opinions of the Court in the case referred to, we find no important view presented, which was not treated of in those opinions. The…
2Cases cited3 opinions
- Mackie v. CairnsCourt for the Trial of Impeachments and Correction of Errors · 1825
- McVay's Adm'r v. IjamsSupreme Court of Alabama · 1855
- New York Firemen Insurance v. De WolfCourt for the Trial of Impeachments and Correction of Errors · 1823