Kahului Railroad v. Hawaiian Commercial & Sugar Co.

DISSENTING OPINION OF

WHITING, J.

I respectfully dissent from the decision of the majority of the court.

This was an action at law returnable before the First Circuit *754Court at tbe August term, 1898. The defendant demurred to the complaint, and a hearing thereon was had by the court in term time, and the demurrer was overruled. Thereafter, no answer being filed by the 'defendant, judgment was entered for plaintiff on its motion. The defendant duly excepted to the decision overruling the demurrer and also excepted to the granting of the motion for judgment. Each exception was reduced to writing,…