Luce v. Chin Wa

Opinion of the Court, by

McCully, J.

In the Police Court of Honolulu, the defendants were defaulted for non-appearance on the return day and hour, and upon proof on the plaintiff’s part, judgment was entered for the plaintiff.

The defendant, later in the day, took an appeal from this judgment.

On appeal, the Intermediary Court held that an appeal did not lie from a judgment by default, and an appeal was taken up to the Court in banco. This is the question dow submitted to this Court.

This involves the construction to be given to the phrases in Section 1005 : “Any party deeming himself aggrieved by…