Hang Lung Kee & Co. v. Bickerton
Hawaii Supreme Court
ON APPEAL EROM THE INTERMEDIARY COURT OE OAHU ON POINTS OE LAW. A search warrant was issued by the defendant as District and Police Justice upon an affidavit that the affiant had probable cause to suspect, and did suspect that opium was concealed on the premises of one Hung Lo Kee (Chinaman); Held, on appeal by defendant Biokerton only, adopting opinion of Chief Justice below, that the warrant was improperly issued and the defendant Biokerton was liable for damages.
Read the full summary
ON APPEAL EROM THE INTERMEDIARY COURT OE OAHU ON POINTS OE LAW. A search warrant was issued by the defendant as District and Police Justice upon an affidavit that the affiant had probable cause to suspect, and did suspect that opium was concealed on the premises of one Hung Lo Kee (Chinaman); Held, on appeal by defendant Biokerton only, adopting opinion of Chief Justice below, that the warrant was improperly issued and the defendant Biokerton was liable for damages. That the affidavit ought at least to have set forth in substance that the affiant believes that opium is in the unlawful…
1Opinion of the Court
Opinion of the Oorart by
Judd, C. J.
This case came to- this Court in Banco by appeal from a decision of the Chief Justice rendered on the 4th of January, 1888, sitting in place of the Police Justice of Honolulu, as Intermediary Court of Oahu.
The Chief Justice having rendered judgment in favor of W. C. Parke, as Marshal, and the appeal being by the co-defendant and not by the plaintiffs we are not at liberty to consider the question of the liability of the Marshak
A. S. Hartwell for plaintiffs. R. F. Biekerton pro. se. Honolulu, January 29, 1883.
We have given due consideration to the arguments…
2Cases cited4 opinions
- Grumon v. RaymondSupreme Court of Connecticut · 1814
- Sandford v. NicholsMassachusetts Supreme Judicial Court · 1816
- Morgan v. ChesterSupreme Court of Connecticut · 1822
- Waterbury v. . WesterveltNew York Court of Appeals · 1854
3Cited by3 opinions
- State v. TaylorHawaii Supreme Court · 1967
- State v. KealohaHawaii Supreme Court · 1980
- County of Hawaii Ex Rel. Santana v. MartinHawaii Supreme Court · 1936