Kalanianaole v. W. W. Dimond & Co.

OPINION OF THE COURT BY

HARTWELL, J.

This is a writ of error to the Eirst Circuit Court, assigning as error* the order of the court in dismissing an appeal taken by the plaintiff-in-error from a judgment by default made against him by the district magistrate of Honolulu.

This court held in Luce v. Chin Wa, 5 Haw. 629 (1886), that an appeal did not lie from a judgment by default.

The statute in force at that time was that “any party deeming himself aggrieved by the decision of any police or district justice in any case, whether civil or criminal, may appeal,” etc. We see no distinction between the…