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FONG v. SAPIENZA

No. 2854.

39 Haw. 79 (1951)

LEONARD K. FONG, AUDITOR OF THE CITY AND COUNTY OF HONOLULU, TERRITORY OF HAWAII v. MAURICE SAPIENZA, ACTING JUDGE OF THE CIRCUIT COURT, FIRST JUDICIAL CIRCUIT, TERRITORY OF HAWAII.

Supreme Court of Hawaii.

Decided April 27, 1951.

Attorney(s) appearing for the Case

R.K. Sharpless, Deputy Attorney General, for respondent.

A.K. Trask for petitioner.

LE BARON AND TOWSE, JJ., AND CIRCUIT JUDGE CORBETT IN PLACE OF KEMP, C.J., RETIRED.

OPINION OF THE COURT BY TOWSE, J.

(Le Baron, J., dissenting.)

This is a proceeding invoking the original jurisdiction of this court upon a question arising under a writ of mandamus directed to an inferior court.

The proceeding is exclusively statutory. Under the heading of "Extraordinary Legal Remedies," chapter 211, Revised Laws of Hawaii 1945, defines the nature, object, procedural practices and the criteria for determination of

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