C. Notley & Sons v. Kukaiau Plantation Co.

OPINION OP THE COURT BY

JUDD, C.J.

This is an action of debt for rent alleged to be due. Tbe case was beard, jury waived, by Judge Perry of tbe Circuit Court', First Circuit, who rendered bis decision in favor of tbe *526plaintiffs on the 12th of March, 1898. The case comes to this conrt on defendant’s bill of exceptions, which counsel for plaintiff moved to dismiss on the ground that “exceptions” do not lie from a decision of a Circuit Court in a jury waived case, but that an “appeal” only lies.

Section 1438 of the Civil Laws is ample authority for allowing “exceptions” to be taken from an opinion…