E. O. Hall & Son, Ltd. v. Dickey

OPINION OP THE COURT BY

PERRY, J.

(Galbraith, J., dissenting.)

This is a petition for a writ of mandamus to compel the respondent as District Magistrate of Honolulu to issue execution, pending an appeal to the Circuit Court, in a cause wherein the respondent gave judgment for the plaintiff, the present petitioner, for the sum of $309.40. The Magistrate, although finding that good cause was shown for the issuance of the execution pending the appeal, denied plaintiff’s motion for such execution ■on the sole ground that Sec. 11 of Chap. 57 of the Laws of 1892, .as amended by Sec. 17 of Act 32 of…