Dio Matsumoto v. Kami Toraichi

OPINION OP THE COURT BY

PARSONS, J.

This is an action in assumpsit for forty dollars with interest, costs and attorney’s commissions, brought originally in the district court of Kawaihau. At the close of plaintiff’s case defendant moved for a nonsuit, which motion was granted by the magistrate upon the ground of insufficiency of the plaintiff’s evidence. From the magistrate’s judgment in favor of defendant, plaintiff noted and perfected an appeal to the fifth circuit court before a jury. Defendant filed in the circuit court a motion to dismiss said appeal. Grounds two and three of said motion…