Tsuruda v. Farm

OPINION OP THE COÜIÍT BY

HARTWELL, C.J.

Tbe plaintiff brought replevin in the district court of Honolulu for “one Puakoa (Dun colored) horse, with black mane and tail and dark legs, and branded on right flank M E (the *435latter letter being indistinct)/’ and tlie defendant obtained judgment. On appeal to the circuit court, jury being waived, the plaintiff in November, 190C, obtained judgment which was set aside and a new trial granted for absence of a material witness for the defendant, to wit, one Iiyoda. In December the case came on again for trial resulting in a decision for the plaintiff.

The…