William W. Bierce, Ltd. v. Hutchins

OPINION OF THE COURT BY

BALLOU, J.

The decisions of this court in sustaining the defendant’s exceptions, Bierce v. Hutchins, 16 Haw. 418; 16 Haw. 717, having been reversed on appeal by the supreme court of the *375United States, Bierce v. Hutchins, 205 U. S. 340, counsel for plaintiff files the mandate of the supreme court .and moves for a final order overruling the exceptions of the defendant herein and affirming the judgment heretofore rendered by the circuit court of the first judicial circuit.

At the hearing of this motion counsel for defendant made an oral suggestion that Justice Ballou was…