MARKS v. AH NEE

No. 4408.

395 P.2d 620 (1964)

Elizabeth Loy MARKS et al. v. Emily AH NEE et al. (State of Hawaii).

Supreme Court of Hawaii.

September 25, 1964.


Attorney(s) appearing for the Case

Andrew S. O. Lee, Deputy Atty. Gen., Bert T. Kobayashi, Atty. Gen., Honolulu, with him on the briefs, for appellants.

Alan C. Kay, Pratt, Moore, Bortz & Vitousek, Honolulu, for respondents.

Before TSUKIYAMA, C. J., WIRTZ, LEWIS and MIZUHA, JJ., and Circuit Judge OKINO, in place of CASSIDY, J., disqualified.


PER CURIAM.

This is an interlocutory appeal, duly allowed, from an order denying the State's motion that it be dismissed from the case on the ground of sovereign immunity.

Plaintiffs, alleging themselves to be the owners of 32 out of 33 shares in hui land known as the Ahupuaa of Waikane, Royal Patent Grant No. 464 to Edwin O. Hall and Henry Dimond, brought this action for partition naming the State of Hawaii among the defendants. However, the complaint contains...

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