In re Estate of Nakuapa
Hawaii Supreme Court
MOTION EOR NEW TRIAL. A verdict for the appellees was rendered at the last January term of this Court, on the issue whether the appellant was the adopted heir of the deceased under the ancient customs of the kingdom.
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MOTION EOR NEW TRIAL. A verdict for the appellees was rendered at the last January term of this Court, on the issue whether the appellant was the adopted heir of the deceased under the ancient customs of the kingdom. To that verdict the following exceptions were allowed by Mr. Justice Widemann, before whom the cause was tried, viz.: 1 — Error of the Court in declining to charge the jury, (1) “That the fact of adoption having been settled by a former jury, the only question for the consideration of the present jury is, the nature of the adoption as to its intent; ” (2) “ That the declarations…
1Opinion of the Court
OPINION ON THE COURT BY
HARTWELL, .1.
The first instruction prayed for was correctly refused. We see no mode by which the former verdict could be used to abridge the work of the subsequent jury, inasmuch as the evidence that the appellant was the intestate’s foster child could not be excluded from evidence that she was a foster child adopted as an heir. And besides, the early verdict had not ripened into judgment, by which alone does it operate to work an estoppel. Hawks vs. Truesdale, 99 Mass., 557; Burlen vs. Shannon, Ib., 203.
The second and third instructions prayed for are sufficiently and…
2Cases cited5 opinions
- Hawks v. TruesdellMassachusetts Supreme Judicial Court · 1868
- Osgood v. President & Directors of the Manhattan Co.New York Supreme Court · 1824
- Vincent v. EavesCourt of Appeals of Kentucky · 1858
- Worrall v. . ParmeleeNew York Court of Appeals · 1848
- Whittit v. MillerHawaii Supreme Court · 1852
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