Legal Opinion · Dissent
De Mello v. Auditor City County
Hawaii Supreme Court
Decided December 7, 1946No. 2627Published
1Dissent
CIRCUIT JUDGE CASSIDY
DISSENTING.
The Court states that the paramount question on this appeal is whether or not, by the enactment of Act 46 S. L. H. 1945 the legislature has encroached upon or projected itself into the domain of the judiciary in contravention of the accepted American doctrine respecting the separation of the executive, legislative and judicial branches of the government. The prevailing opinion holds that a legislature has “no authority or power to pass judgment upon disputed facts underlying an unliquidated obligation of a state or municipality to which a claim for damages is…
2Cases cited47 opinions
- City of Trenton v. New JerseySupreme Court of the United States · 1923
- Springer v. Government of Philippine IslandsSupreme Court of the United States · 1928
- Pope v. United StatesSupreme Court of the United States · 1944
- Clark v. Paul Gray, Inc.Supreme Court of the United States · 1939
- Union Bridge Co. v. United StatesSupreme Court of the United States · 1907
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