Yee Tong Seu v. Ping
Hawaii Supreme Court
Exceptions to Bulings op Austin, J. Ejectment having been brought against several defendants claiming under different titles; held there was no misjoinder of defendants.
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Exceptions to Bulings op Austin, J. Ejectment having been brought against several defendants claiming under different titles; held there was no misjoinder of defendants. Plaintiff having discontinued as to some of the defendants, the Court instructed the jury that they might find damages against the other defendants; held, under the evidence, erroneous, as plaintiffs could only claim title from the time their right of possession accrued; but there being no advantage in again trying the title, judgment for possession is allowed to stand, if plaintiffs file a remittitur of damages.
1Opinion of the Court
Opinion op the Court, by
Preston, J.
This case comes up on a bill of exceptions to the rulings of the late Mr. Justice Austin on the trial of this cause before a foreign jury at the last April term.
It is an action of ejectment, and the plaintiffs claim that the defendants, nine in number, “ have unjustly and contrary to law and the rights of the plaintiffs taken into their possession and converted to their use and occupation all that land situate in said Honolulu awarded to one Kiha by Boyal Patent No. 1119,” and the plaintiffs state their title to be a term of ten years by virtue of lease…
2Cases cited4 opinions
- Fisher v. . HepburnNew York Court of Appeals · 1871
- Frear v. HardenberghNew York Supreme Court · 1810
- Jackson ex dem. Murray v. HazenNew York Supreme Court · 1807
- Murphy v. CampauMichigan Supreme Court · 1875