Waldeyer v. Wailuku Sugar Co.
Hawaii Supreme Court
Exceptions from Circuit Court, Second Circuit. STATEMENT OP THE CASE. The plaintiff brought his action to recover damages for sev- . eral breaches or violations of the terms of two separate tunnel contracts made with him by the defendant, the sum of $24,975 being demanded as damjages for certain alleged violations of the terms of the contract of February 15, 1905, and the sum of $10,404,86 for certain alleged wrongful acts of the defendant in relation to the contract of…
Read the full summary
Exceptions from Circuit Court, Second Circuit. STATEMENT OP THE CASE. The plaintiff brought his action to recover damages for sev- . eral breaches or violations of the terms of two separate tunnel contracts made with him by the defendant, the sum of $24,975 being demanded as damjages for certain alleged violations of the terms of the contract of February 15, 1905, and the sum of $10,404,86 for certain alleged wrongful acts of the defendant in relation to the contract of March 1, 1905. The defendant’s motion for a continuance on the ground of the absence of material witnesses being denied the…
1Opinion of the Court
ORAL OPINION.
Hartwell, C. J.
A statement of the case will be filed later and the court does not for that reason delay to announce its decision now, -which is that it is unable to find legal grounds for reversing the ruling of the judge denying the defendant’s motion for continuance. (Statement appended.)
In cases where it is claimed that there was abuse of discretion it is sometimes possible and sometimes it is impossible to lay down clearly defined rules to control an appellate court. Definitions of abuse of discretion are frequently found. That of Chief Justice Marshall adopted in People v.…
2Cases cited4 opinions
- Isaacs v. United StatesSupreme Court of the United States · 1895
- Woods v. YoungSupreme Court of the United States · 1808
- People v. VermilyeaNew York Supreme Court · 1827
- The Queen v. Ah KiaoHawaii Supreme Court · 1892
3Cited by4 opinions
- Territory v. Van DaldenHawaii Supreme Court · 1934
- Yamashiro v. CostaHawaii Supreme Court · 1921
- Irwin v. LymanHawaii Supreme Court · 1926
- Territory v. CurranHawaii Supreme Court · 1916