Nakanelua v. Kailianu
Hawaii Supreme Court
Taxation of Costs. Defendant having-, oil his appeal, reduced the amount recovered by-plaintiff one-fifth: Held, under Sec. 1013, Civil Code, that plaintiff must pay costs.
1Opinion of the Court
Opinion of the Court, by
McCully, J.
From the May Term of the Third Judicial Circuit Court. The case came to the Circuit Court by appeal from the Circuit Judge in Chambers, where the plaintiff had recovered $25 for the value of a pig which the defendant had slaughtered, claiming it to be his own. The defendant appealed. The jury in the Circuit Court found for the plaintiff as before, but reduced the value of the pig to $20. The defendant then claimed that the costs of the Court fell upon the plaintiff by force of the following statute provisions, Civil Code, Sec. 1013:
“ Costs shall be allowed…
2Cited by1 opinion
- Carpenter v. LawsonHawaii Supreme Court · 1909