Per Curiam.
On March 11, 1949, the defendant-appellee (hereinafter called the defendant) filed a motion to dismiss the appeal herein, brought from the district magistrate of Honolulu on points of law under section 9501, Revised Laws of Hawaii 1945, and to remand the case for trial of the issues of fact not heretofore determined.
From the record sent up it appears that the plaintiff-appellant (hereinafter called the plaintiff) brought an action of assumpsit...
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