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SHILHAN v. HO

NO. 2915.

40 Haw. 302 (1953)

Henry SHILHAN v. Melvin Ho.

Supreme Court of Hawaii.

Decided August 3, 1953.

Attorney(s) appearing for the Case

M.D. White (also on the briefs) for appellant.

D.N. Ingman (also on the brief) for appellee.

TOWSE, C.J., LE BARON AND STAINBACK, JJ.

OPINION OF THE COURT BY TOWSE, C.J.

Appeal is prosecuted from the decision of a magistrate of the district court of Honolulu (R.L.H. 1945, § 9501).

The pertinent portions of the amended certificate recite:

"In refusing to grant the defendant's motion, the Magistrate held as a matter of law:

"1. The judgment rendered May 13, 1952 was not void.

"2. The Magistrate was without authority to...

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