Cunningham v. County of Hawaii

OPINION OF THE COURT BY

KEMP, C. J..This is an interlocutory appeal by the sole respondent, county of Hawaii, from the decision, order and decree of the circuit judge overruling its demurrer.

Thomas M. Cunningham, petitioner, brought his suit against “County of Hawaii, a Body Corporate and Political Subdivision of the Territory of Hawaii,” respondent, and prayed for a writ of mandamus to compel the respondent to repair a certain public road situated in the county of Hawaii.

Upon the filing of the petition an alternative writ of mandamus issued of which, omitting formal parts, the following is a…