Lai Hipp v. Cunningham

OPINION OF THE COURT BY

BANKS, J.

This is an appeal under the statute from the district magistrate of South Hilo on points of law. The appellee filed a motion to dismiss the appeal on several grounds. Inasmuch as the appeal was also submitted on its merits we prefer to decide the case on that submission rather than on the motion to dismiss the appeal.

On July 9, 1926, the plaintiff Lai Hipp, appellee, brought an action in replevin in the district court of South Hilo against the defendant Thomas M. Cunningham, appellant. Upon the trial of the case the. district magistrate on August 2, 1926,…