Kealoha ex rel. Arruda v. Tanaka

This matter is before us on plaintiffs’ motion for remand of tbe case, now pending in this court on appeal, to the circuit court in order that the latter may enter an order granting a new trial. The sole question for our determination in this proceeding is the proper pro*631cedure to be followed where a party seeks a new trial of a case which is here on appeal.

Following are the facts pertinent to the proceeding: On January 10,1958, the circuit court entered a judgment in favor of the defendant and against the plaintiffs, pursuant to a verdict of the jury, in a tort action for damages for wrongful…