JONES v. SMITH DIEKER

NOS. 2817 and 2821.

39 Haw. 481 (1952)

THOMAS B. JONES v. ARMIDA B. SMITH DIEKER, ALSO KNOWN AS ARMIDA B. SMITH, EMMA KWOCK CHUN AND BANK OF HAWAII.

Supreme Court of Hawaii.

Decided July 21, 1952.


Attorney(s) appearing for the Case

F. Schnack and H.C. Schnack for petition.

LE BARON AND STAINBACK, JJ., AND CIRCUIT JUDGE BROWN IN PLACE OF TOWSE, C.J., DISQUALIFIED.


Per Curiam.

This is a petition for a rehearing of the cause on appeal determined by this court in its opinion recorded at page 448, ante, in so far as that cause pertains to the issue of constructive eviction. The petition seeks to have this court reconsider that issue of fact which the petitioner presented on appeal. It does so even though such issue heretofore has been ably and exhaustively briefed and argued by counsel and fully considered and determined...

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