Bishop v. Gulick

Dissenting Opinion of

Dole, J.

This is an appeal from the decision of Mr. Justice Bickerton, jury having been waived, based upon the decision of the Court in Smith vs. Kockemann, 3 Hawn., 320. The majority of this Court, without stating very definitely whether they rely upon that authority, base their conclusions mainly upon the ground, that because a “ private school ” cannot own property, therefore no property can belong, using the language of the statute, to such a school, and the statutory exemption in favor of private schools has no effect.

I am unable to adopt this construction of the…