Kanakanui v. United States, 2935.

CourtUnited States Courts of Appeals. United States Court of Appeals (9th Circuit)
Citation244 F. 923
Decision Date06 August 1917
PartiesKANAKANUI et al. v. UNITED STATES.
Docket Number2935.

244 F. 923

KANAKANUI et al.
v.
UNITED STATES.

No. 2935.

United States Court of Appeals, Ninth Circuit.

August 6, 1917


The court below sustained a demurrer to the complaint of the plaintiffs in error in an action which they brought against the United States, in which it was alleged that in a prior action between the same parties the United States had sought to condemn, for the erection of a military post and fortification, a tract of land consisting of 4.3 acres, together with water, riparian, and fishing rights, belonging to the plaintiffs in this action; that in said condemnation suit it was finally decreed that, upon payment into the registry of the court of the sum of $5,000, all the right, title, and interest of the owners of said property should vest absolutely in the United States; that said money has not been paid, or any part thereof; that two years have elapsed since final judgment; that all the rights of the United States in the judgment have been lost to it; that at no time during said two years following said final judgment did the United States notify the plaintiffs, or either of them, that it did not claim under said judgment, 'but at all times did suffer said judgment to remain, and did claim under the same'; that the plaintiffs paid the sum of $1,100 attorney's fees in the preparation of their defense to said condemnation suit and the trial thereof, and the further sum of $64.85 for witness fees, and other expenses, all of which were reasonably incurred; and that they were damaged in the sum of $5,000 for the loss of the use of said property. For these sums, and for interest, the plaintiffs demanded judgment under the provisions of Act March 3, 1887 (24 Stat. 505, c. 359), known as the Tucker Act, and under the provisions of section 505 of the Revised Laws of Hawaii of 1905, which provides as follows: 'The plaintiff must within two years after final judgment pay the amount assessed as compensation or damages; and upon failure so to do all rights which may have been obtained by such judgment shall be lost to the plaintiff; and if such payment shall be delayed more than thirty days after final judgment, then interest shall be added at the rate of seven per cent. per annum. Such payment shall be made to the clerk of the court rendering the judgment, who shall distribute the same in accordance with the order of the court. If the plaintiff shall fail to make such payment as aforesaid, the defendant shall be entitled to recover his costs of court, reasonable expenses and such damage as may have been sustained by him by reason of the bringing of the action.' [244 F. 924] David L. Withington, of Honolulu, T.H. (William R. Castle, W. A. Greenwell, and Alfred L. Castle, all of Honolulu, T.H., of counsel), for plaintiffs in error.

John W. Preston, U.S. Atty., and Ed. F. Jared, Asst. U.S. Atty., both of San Francisco,...

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33 practice notes
  • United States v. Meyer, No. 7148
    • United States
    • United States Courts of Appeals. United States Court of Appeals (7th Circuit)
    • July 23, 1940
    ...v. Crary, D.C., 1 F. Supp. 406; In re Condemnations for Improvement of Rouge River, D.C., 266 F. 105; Kanakanui v. United States, 9 Cir., 244 F. 923, 925; United States v. Oregon Ry. & Nav. Co., C.C., 16 F. 524, 528. When as here, the United States is the condemning party, its power to ......
  • United States v. Crary
    • United States
    • United States District Courts. 4th Circuit. United States District Court (Western District of Virginia)
    • October 24, 1932
    ...excessive, the government has a right to decline to accept the awards and to dismiss this proceeding. See Kanakanui v. U. S. (C. C. A. 9) 244 F. 923; Owen v. U. S. (C. C. A. 5) 8 F.(2d) In this case I understand that there will be no conflicts as to the tract 212 b lying mainly in Augusta c......
  • US v. 1,070 ACRES OF LAND, IN HOUSTON COUNTY, GA., Civil Action No. 179.
    • United States
    • United States District Courts. 11th Circuit. Middle District of Georgia
    • October 25, 1943
    ...in the condemnation proceeding. See Bothwell v. United States, 254 U.S. 231, 41 S.Ct. 74, 65 L.Ed. 238; Kanakanui v. United States, 9 Cir., 244 F. 923, 926; United States v. Boston, C. C. & N. Y. Canal Co., 1 Cir., 271 F. 877, 899; United States v. Shingle, 9 Cir., 91 F.2d 85, 89; John ......
  • United States v. Crary, No. 895.
    • United States
    • United States District Courts. 4th Circuit. United States District Court (Western District of Virginia)
    • May 11, 1932
    ...that the petition would nevertheless conform as near as may be to the requirements of the Code." In Kanakanui v. U. S. (C. C. A. 9) 244 F. 923, 925, the court had before it the act of August 18, 1890 (26 Stats. 315, 316), which authorized condemnation proceedings, "to be prosecute......
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33 cases
  • United States v. Meyer, No. 7148
    • United States
    • United States Courts of Appeals. United States Court of Appeals (7th Circuit)
    • July 23, 1940
    ...v. Crary, D.C., 1 F. Supp. 406; In re Condemnations for Improvement of Rouge River, D.C., 266 F. 105; Kanakanui v. United States, 9 Cir., 244 F. 923, 925; United States v. Oregon Ry. & Nav. Co., C.C., 16 F. 524, 528. When as here, the United States is the condemning party, its power to ......
  • United States v. Crary
    • United States
    • United States District Courts. 4th Circuit. United States District Court (Western District of Virginia)
    • October 24, 1932
    ...excessive, the government has a right to decline to accept the awards and to dismiss this proceeding. See Kanakanui v. U. S. (C. C. A. 9) 244 F. 923; Owen v. U. S. (C. C. A. 5) 8 F.(2d) In this case I understand that there will be no conflicts as to the tract 212 b lying mainly in Augusta c......
  • US v. 1,070 ACRES OF LAND, IN HOUSTON COUNTY, GA., Civil Action No. 179.
    • United States
    • United States District Courts. 11th Circuit. Middle District of Georgia
    • October 25, 1943
    ...in the condemnation proceeding. See Bothwell v. United States, 254 U.S. 231, 41 S.Ct. 74, 65 L.Ed. 238; Kanakanui v. United States, 9 Cir., 244 F. 923, 926; United States v. Boston, C. C. & N. Y. Canal Co., 1 Cir., 271 F. 877, 899; United States v. Shingle, 9 Cir., 91 F.2d 85, 89; John ......
  • United States v. Crary, No. 895.
    • United States
    • United States District Courts. 4th Circuit. United States District Court (Western District of Virginia)
    • May 11, 1932
    ...that the petition would nevertheless conform as near as may be to the requirements of the Code." In Kanakanui v. U. S. (C. C. A. 9) 244 F. 923, 925, the court had before it the act of August 18, 1890 (26 Stats. 315, 316), which authorized condemnation proceedings, "to be prosecute......
  • Request a trial to view additional results

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