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CITY & COUNTY OF HONOLULU v. BISHOP TRUST CO.

No. 4371.

48 Haw. 444 (1965)

404 P.2d 373

CITY AND COUNTY OF HONOLULU, A MUNICIPAL CORPORATION v. BISHOP TRUST COMPANY, LTD., AND J. RUSSELL CADES, TRUSTEES UNDER INDENTURE OF TRUST OF T.A.K. CLEGHORN; HELEN H. CLEGHORN, SURVIVING WIFE OF PERCY T. CLEGHORN; ELINOR HEWLETT BROWN; ELIZABETH-LOUISA CLEGHORN SMITH; WILLIAM LODGE CLEGHORN; DOTVIVI CORPORATION, LTD.; ET AL.

Supreme Court of Hawaii.

July 9, 1965.

Attorney(s) appearing for the Case

Richard Y.C. Au, Deputy Corporation Counsel, City and County of Honolulu (Stanley Ling, Corporation Counsel, and Samuel B.K. Chang, Deputy Corporation Counsel, with him on the briefs), for plaintiff-appellant.

J. Russell Cades (William M. Swope with him on the brief, Smith, Wild, Beebe & Cades of counsel), for Cleghorn defendants-appellees.

TSUKIYAMA, C.J., CASSIDY, WIRTZ, LEWIS AND MIZUHA, JJ.

OPINION OF THE COURT BY LEWIS, J.

This is an appeal by plaintiff, hereinafter referred to as the "City," from a judgment in eminent domain proceedings, which in part represented an award of just compensation on the verdict of a jury and in part represented stipulated amounts. The City asserts error affecting the jury's verdict. As to the stipulated amounts, it is contended the judgment should not have included interest thereon.

The action was for the acquisition...

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