TERRITORY v. McGILLIVRAY, ET ALS.

NO. 2999.

41 Haw. 191 (1955)

TERRITORY OF HAWAII, BY EDWARD N. SYLVA, ITS ATTORNEY GENERAL, v. CHARLES G. McGILLIVRAY, LOIS J. McGILLIVRAY, CHRISTINA DIAS SOUZA, MANUEL GONSALVES AND CLAUDINA GONSALVES.

Supreme Court of Hawaii.

Decided August 17, 1955.


Attorney(s) appearing for the Case

Montgomery Clark (also on the brief) for plaintiffs in error McGillivray and Souza.

Jon Chinen, Deputy Attorney General (Edward N. Sylva, Attorney General, with him on the brief), for defendant in error.

STAINBACK AND RICE, JJ., AND CIRCUIT JUDGE FAIRBANKS IN PLACE OF TOWSE, C.J., ABSENT.


OPINION OF THE COURT BY RICE, J.

This case, a proceeding in eminent domain, has come up on appeal by writ of error to the circuit court, third circuit, Territory of Hawaii, where, as law number 2903, it was tried, jury waived.

By a petition filed in said circuit court on August 18, 1953, and summons issued on the same date, the defendant in error, as plaintiff, hereinafter referred to as appellee, instituted proceedings...

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