Coney v. Manele
Hawaii Supreme Court
ON APPEAL PROM POLICE COURT, HONOLULU, ON POINTS OP LAW. • In an action brought in the Police Court to recover possession of land under Article 40 of the Civil Code, the complaint claimed title- in the land and alleged that the defendant held unlawfully; the defendant denied in writing that he is or ever had been the lessee of the plaintiff, or that the relation of landlord and tenant ever existed between them, and claimed a life estate in the land; Held,, that the complaint…
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ON APPEAL PROM POLICE COURT, HONOLULU, ON POINTS OP LAW. • In an action brought in the Police Court to recover possession of land under Article 40 of the Civil Code, the complaint claimed title- in the land and alleged that the defendant held unlawfully; the defendant denied in writing that he is or ever had been the lessee of the plaintiff, or that the relation of landlord and tenant ever existed between them, and claimed a life estate in the land; Held,, that the complaint in such an action should set forth the tenancy and all necessary circumstances; Also, that a defendant denying his…
1Opinion of the Court
■ Opinion of tbe- Court by
Harris, C.. J„
*155This ease was originally brought in the Police and District Court of Honolulu to recover possession of a piece of land under Article XL of the Civil Code, entitled “ Of Summary Proceedings to Recover Possession of Land in Certain Cases,” Sections 939, 940.
The complaint filed in this case, as it appears by the summons, is that “ defendant is summoned to answer in a plea wherein the plaintiff declares and says that the defendant is in possession of the land and tenements of the plaintiff situate in Nuuanu Valley, District of Honolulu, Island of Oahu,…
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