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YEE MARN v. REYNOLDS

No. 4200.

361 P.2d 383 (1961)

James YEE MARN and Hung Ngo Yee Marn, Plaintiffs-Appellees, v. Howdy REYNOLDS, Defendant-Appellant.

Supreme Court of Hawaii.

Petition for Rehearing and Motion to Withdraw and Amend Opinion Denied April 5, 1961.

Attorney(s) appearing for the Case

J. Frank McLaughlin, Honolulu, for appellant.

Arthur K. Trask, Honolulu, for appellees.

Before TSUKIYAMA, C. J., CASSIDY, WIRTZ, and LEWIS, JJ., and JACK MIZUHA, Circuit Judge, Assigned by Reason of Vacancy.

TSUKIYAMA, Chief Justice.

Appellees' motion to dismiss appeal assigns, as first ground for urging dismissal, the alleged unseasonable taking by appellant of his appeal to this court. They contend that appellant's oral motion for rehearing made during a hearing on January 30, 1960, was not of such substance as to toll the time for appeal. The stated ground of the motion for rehearing was that the court's decision was contrary...

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