MONETTE v. BENJAMIN

No. 4908.

467 P.2d 574 (1970)

Philip L. MONETTE and Maria Monette, Plaintiffs-Appellees, v. Joseph BENJAMIN and Alice Benjamin, Defendants-Appellants.

Supreme Court of Hawaii.

April 8, 1970.


Attorney(s) appearing for the Case

E.D. Crumpacker, Kailua-Kona for plaintiffs-appellees, for the motion.

Molly D. Zimring, Hilo, for defendants-appellants, contra.

Before RICHARDSON, C.J., MARUMOTO, LEVINSON, KOBAYASHI, JJ., and Circuit Judge LUM in place of ABE, J., disqualified.


PER CURIAM.

Plaintiffs have filed a motion to dismiss defendants' appeal to this court from a circuit court order reversing a district court judgment of dismissal of a summary possession complaint and remanding the case to the district court for further proceedings.

The district court had dismissed the complaint on the ground that it lacked jurisdiction inasmuch as a question of title was raised by defendants' affidavits. The circuit court reversed on the...

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