MR. JUSTICE HOLMES delivered the opinion of the court.
This is a writ of error to review a judgment for the defendants in a suit upon a contract. 16 Haw. 332. At the trial a nonsuit was ordered, subject to exceptions taken by the plaintiff. A motion for a new trial was made but was dismissed, and this dismissal also was excepted to. The Supreme Court held that the former exceptions were presented too late, but that the latter was open and raised the question whether...
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