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KAUI v. COUNTY OF KAUAI

No. 4270.

47 Haw. 271 (1963)

386 P.2d 880

WILHELMINA CUMMINGS KAUI AND DAVID NALANIEHIKU KAUI v. COUNTY OF KAUAI.

Supreme Court of Hawaii.

November 1, 1963.

Attorney(s) appearing for the Case

E.D. Crumpacker (Crumpacker & Sterry of counsel) for plaintiffs-appellants.

Toshio Kabutan, County Attorney, County of Kauai, for defendant.

TSUKIYAMA, C.J., CASSIDY, WIRTZ, AND LEWIS, JJ., AND CIRCUIT JUDGE HAWKINS IN PLACE OF MIZUHA, J., DISQUALIFIED.

Per Curiam.

On motion of defendant the court below dismissed the action without prejudice, "on the ground that this Court does not have jurisdiction because of Act 194, Session Laws of Hawaii 1957 * * *." That act added to R.L.H. 1955, § 215-21, a new paragraph (i), reading as follows:

"(i) All civil actions other than those specified above shall be brought in the circuit where the cause of action arose or where the defendant is domiciled; provided...

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