Cluney v. Lee Wai

OPINION OF THE COURT BY

JUDD, C.J.

A bill for an injunction was filed by plaintiff in August last, to prevent tbe erection by defendant of a building to be used as a Chinese theatre. A preliminary injunction was denied, a demurrer overruled, and a hearing of the merits was had in October. The Circuit Judge dismissed the bill and an appeal was taken by plaintiff to this court. A synopsis of the bill is as follows:

1. That plaintiff is the owner of certain premises in Honolulu *320situate on King street on the hill on the Ewa side of Nuuanu stream, which premises are occupied as a residence.

2. That…