Braham v. Honolulu Amusement Co.

OPINION OP THE COURT BY

PERRY, J.

This is an action instituted in the district court of Honolulu for the recovery of $150. Upon the rendition, in the circuit court on appeal, of judgment in its favor the defendant sought to have allowed as a part of its bill of costs, the amount of the attorney’s commissions authorized by R. L., §1892, to be taxed “in all actions of assumpsit.” The item was disallowed. The only question presented by the exceptions is whether this is an action of assumpsit.

The material allegations of the declaration are as follows: “That heretofore and on to wit, the 12th day of…