Lim v. Motor Supply, Ltd.

DISSENTING OPINION OE

CASSIDY, J.

Although the statute (R.L.H. 1955, § 208-1) and our rule (Rule 13) governing appeals from a district magis*125trate-on points of law should be liberally construed (Humburg v. Namura, 13 Haw. 702), in my opinion, it requires unwarranted indulgence and a disregard of the prior rulings of this court, as I understand them, to overlook the deficiency of this appeal.

Rule 13 requires the magistrate’s certificate of appeal to include a statement of “the points of law upon which the appeal is taken.” This requirement is mandatory. Titcomb v. Naeole, 10 Haw. 346; Territory…