Ward v. Kamanaoulu

Opinion of the Court, by

Judd, C.J.

This is an action of trespass quart clausum fregit, plaintiff claiming damages for the defendant’s wrongful entry upon plaintiff’s land at Kukuluaeo, Honolulu, and digging a ditch thereon. The suit was brought in the District Court of Honolulu. Defendant plead orally as follows : “ Defendant admits the acts complained of, claiming title in himself, and pleads to the jurisdiction, denying title of plaintiff.” The magistrate sustained the plea to the jurisdiction, and plaintiff appealed to this Court on the following points of law :

“ 1. In a suit for trespass…