YOSHIDA v. NOBREGA

NO. 2791.

39 Haw. 254 (1952)

WILLIAM GORO YOSHIDA AND LILLIAN KIM YOSHIDA v. JOSEPH F. NOBREGA, AS ADMINISTRATOR OF THE ESTATE OF JOHN F. NOBREGA, DECEASED.

Supreme Court of Hawaii.

Decided February 13, 1952.


Attorney(s) appearing for the Case

F. Schnack (H.C. Schnack with him on the briefs) for plaintiffs-appellants.

A.K. Trask (also on the briefs) for defendant-appellee.

TOWSE, C.J., LE BARON AND STAINBACK, JJ.


OPINION OF THE COURT BY STAINBACK, J.

Plaintiff in error filed suit in assumpsit against the defendant. Defendant's demurrer was sustained by the court without leave to amend. A judgment containing a bill of costs was filed by defendant ex parte. In the bill of costs contained in the judgment was the item of attorneys' fees in assumpsit as authorized by section 9754, Revised Laws of Hawaii 1945.

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