Gay v. Haiku Fruit & Packing Co.

OPINION OF THE COURT BY

BANKS, J.

The complainant brought a bill in equity against the respondent. The bill was amended and to the amended bill the respondent interposed a demurrer. The circuit judge being in doubt as to what his action on the de nrurrer should be reserved the following question to this court: “Should the demurrer of the respondent to the amended bill of complaint be sustained upon any ground stated in said demurrer?”

According to the allegations of the amended bill the complainant is the owner of certain lands on the Island of Lanai upon which he grows pineapples and the…