Marks v. Waiahole Water Co.

OPINION OF THE COURT BY

LE BARON, J.

(Circuit Judge Matthewman dissenting.)

This is a motion by the defendant, appearing specially, to dismiss the writ of error herein upon the ground that the plaintiffs have failed to comply with that portion of section 3556, B. L. H. 1935, requiring a bond, conditioned for the payment of the judgment in the original cause in case of failure to sustain the writ. The defendant prevailed in the court below and obtained a judgment in the sum of $276.65.

It appears that the plaintiffs in. applying for a writ of error deposited $50 with the clerk of this cohrt and…