Yoshida v. Nobrega, Adm'r

Plaintiff in error filed suit in assumpsit against the defendant. Defendant’s demurrer was sustained by the court without leave to amend. A judgment containing a bill of costs was filed by defendant ex parte. In the bill of costs contained in the judgment was the item of attorneys’ fees in assumpsit as authorized by section 9754, Eevised Laws of Hawaii 1945.

There was no notice served upon the plaintiff either on the bill of costs or the form of judgment as required by the rules of the circuit court. While we cannot too strongly condemn such practice, particularly in the taxation of money sums…