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TERR., BY SUPT. PUB. WKS. v. C. & C., ET AL.

No. 2719.

38 Haw. 329 (1949)

TERRITORY OF HAWAII, BY B.F. RUSH, ITS SUPERINTENDENT OF PUBLIC WORKS, v. CITY AND COUNTY OF HONOLULU, A MUNICIPAL CORPORATION; GEORGE M. COLLINS, JOHN K. CLARKE, FRANK E. MIDKIFF, EDWIN P. MURRAY AND JOSEPH B. POINDEXTER, TRUSTEES UNDER THE WILL AND OF THE ESTATE OF BERNICE P. BISHOP, DECEASED; T. TAKUSHI; JOHN DOE ONE TO JOHN DOE FIFTY, INCLUSIVE; MARY ROE ONE TO MARY ROE FIFTY, INCLUSIVE, AND DOE CORPORATION ONE TO DOE CORPORATION FIFTY, INCLUSIVE.

Supreme Court of Hawai`i.

Decided March 31, 1949.

Attorney(s) appearing for the Case

F.A. McKinley, Deputy City and County Attorney, for defendant.

T.W. Flynn, Deputy Attorney General, for plaintiff.

KEMP, C.J., PETERS AND LE BARON, JJ.

OPINION OF THE COURT BY LE BARON, J.

This is an action in eminent domain brought by the Territory of Hawaii against the City and County of Honolulu, a municipal corporation of the Territory, and certain private parties. The circuit court before trial heard an issue of pleading in advance of other issues of the case. The issue involves property which the Territory seeks to condemn for the University of Hawaii, but which the City and County alleges had already been...

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