Ayers v. Mahuka

Opinion of the Court, by

Judd, C.J.

This is an action of assumpsit for damages for breacli of promise .to marry. It was tried at the last December Term *378of the Circuit Court, Second. Circuit, held at Lahaina, Maui. The damages laid were five thousand dollars. Process was served upon the defendant May 19th, 1893. On the 28th November, the plaintiff moved for an order declaring defendant in default, upon the clerk’s certificate that defendant had failed to answer within twentj' days after service. Default wms ordered on the 9th December, at term, and the same day the Court, on motion by defendant…