Bush v. Territory of Hawaii

OPINIQN OP THE COURT BY

FREAR, C.J.

This is an action of ejectment to recover possession of certain parcels of land situated in the city of Honolulu — part of what was formerly known as the Charles Kanaina estate. The defend*2ant demurred generally, and the sole question necessary to determine is whether ejectment lies against the Territory.

It is conceded that the government may be sued only in so far as it consents, but it is contended that actions of ejectment may be maintained against it under Section 1 of the Act of March 16, 1895, (as now amen&ed by the Organic Act) which gives the Supreme…