Murray v. Colburn

Opinion of the Court, by

Frear, J.

This case carnes up on exceptions to a ruling of the Circuit Court dismissing defendant’s appeal from the District Court of Honolulu on the ground that the appeal bond was made payable to the plaintiff instead of to the clerk of the Court. The statute (Sec. 68, Ch. LYII., Laws 1892) calls for a “ sufficient bond ” for “ costs further to accrue ” without designating to whom it should be made payable. It seems to us that the obligee of a bond for costs should be the person to whom the costs are payable, namely, the clerk of the Court. Such has long been the…