Marumi v. Bonnell

OPINION OP THE COURT BY

PERRY, C. J.

This is an action of assumpsit for the recovery of the sum of $80, instituted in the district court of Makawao. After trial the magistrate rendered judgment in favor of the plaintiff and against the defendant for the sum claimed, with attorney’s commissions and costs. From that judgment the defendant appealed to the circuit court of the second circuit, waiving jury. In the circuit court plaintiff moved that defendant’s appeal from the district magistrate be dismissed “for the reason that defendant, being the party appealing, did not pay the costs accrued in…