Territory ex rel. County of Maui v. Hart

OPINION OF THE COURT BY

ROBERTSON, C.J.

The Territory, for the use and benefit of the county of *559Maui, filed in the court below two motions of the same purport praying that it be permitted to prove breach of condition of two bonds given by the respondent Hart for the faithful performance of his duties as clerk of the circuit court of the second judicial circuit, and that judgment for the amount of the resulting damage be entered against said Hart and his sureties, the other respondents. The procedure is that authorized by R. L. 1915, Sec. 149. In one motion it was alleged that Hart was appointed…