Hawaiian Commercial & Sugar Co. v. Wailuku Sugar Co.

OPINION OF THE COURT BY

PERRY, J.

The bill is for an injunction to restrain alleged illegal diversions of water from the Wailnkn Stream, Maui. Upon a plea in bar, interposed by the respondent, this court on appeal has decided to what extent the judgment- in Lonoaea et al. v. Wailuku S. Co. et alt., 9 Haw. 651, which judgment is binding upon the present parties, has determined the several matters now in controversy, 14 Haw. 50.

After the ruling upon the plea, the circuit judge, with the consent of the parties, appointed a commissioner and directed him to take evidence and to make findings upon…