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WILSON v. STAINBACK

No. 2820.

39 Haw. 1 (1950)

JOHN H. WILSON, ON BEHALF OF HIMSELF AND ALL OTHER TAXPAYERS OF THE CITY AND COUNTY OF HONOLULU AND OF THE TERRITORY OF HAWAII, AND JOHN H. WILSON, AS MAYOR OF THE CITY AND COUNTY OF HONOLULU, A MUNICIPAL CORPORATION OF THE TERRITORY OF HAWAII v. INGRAM M. STAINBACK, GOVERNOR OF THE TERRITORY OF HAWAII, ROBERT M. BELT, SUPERINTENDENT OF PUBLIC WORKS AND TERRITORIAL HIGHWAY ENGINEER, TERRITORY OF HAWAII, AND WALTER D. ACKERMAN, JR., ATTORNEY GENERAL OF THE TERRITORY OF HAWAII.

Supreme Court of Hawaii.

Decided September 18, 1950.

Attorney(s) appearing for the Case

A.K. Trask for the motion.

M. Sapienza contra.

LE BARON AND TOWSE, JJ., AND CIRCUIT JUDGE MOORE TEMPORARILY FILLING VACANCY CAUSED BY RETIREMENT OF KEMP, C.J.

Per Curiam.

The appellants as officers acting in their official capacities on behalf of the Territory appealed without filing any bond for costs from a decree entered below granting injunctive relief and taxing costs in the sum of forty-five dollars against such officers. The appellee moves to dismiss the appeal on the sole ground that section 9762 of Revised Laws of Hawaii 1945 is unconstitutional to the extent that...

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