Wall v. Focke

OPINION OF THE COURT BY

ROBERTSON, C. J.

The nature of tbis controversy, some of tbe main facts of the case, and the proceedings previously had in this court are shown in 21 Haw. 399, 406, 551. The trial court first gave judgment for the defendant upon his counterclaim. The plaintiff then *222filed a motion for a new trial, and the same was granted upon a ground which this court found to be untenable. Upon exceptions brought by the defendant the order granting a new trial was set aside. Thereafter, the plaintiff, desiring to present a ground of his motion for a new trial which had not been passed…