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MONETTE v. BENJAMIN

No. 4908.

473 P.2d 864 (1970)

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

Supreme Court of Hawaii.

August 19, 1970.

Attorney(s) appearing for the Case

Molly D. Zimring, Hilo, for appellant.

E.D. Crumpacker, Kailua-Kona, for appellee.

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

MARUMOTO, Justice.

In a summary possession action brought in the district court of Kona, defendants entered a plea to jurisdiction under HRS § 604-5, with supporting affidavits. The district court ruled that the plea was well taken, but the circuit court reversed on the ground that the affidavits did not adequately set forth the source, nature, and extent of the title claimed by defendants.

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