Gear v. Henry

OPINION OP THE COURT BY

DE BOLT, J.

This is a writ of error to review a judgment entered by the district magistrate of Honolulu in an action of replevin, where*102in A. V. Hear, the defendant in error, was the plaintiff and William Henry, the plaintiff in error, was the defendant. One phase of this controversy, brought up by appeal on points of law, was recently before us for consideration. Ante, 54.

'The summons in the action of replevin was signed by the magistrate at the request of the plaintiff’s attorney and delivered to the latter on December 30, 1911, and made returnable on January 2, 1912,…