Vivas v. Akoni
| Decision Date | 19 March 1902 |
| Citation | 14 Haw. 115 |
| Parties | J. M. VIVAS v. MELE AKONI. |
| Court | Hawaii Supreme Court |
OPINION TEXT STARTS HEREEXCEPTIONS FROM CIRCUIT COURT, FIRST CIRCUIT.
Syllabus by the Court
Under the circumstances stated in the opinion, the refusal to vacate a judgment obtained by default and to set aside the execution issued thereon held to be an abuse of discretion.
Robertson & Wilder for defendant.
The exception in this case is to a ruling of the Circuit Court denying defendant's motion to vacate the judgment rendered against her in that court and to set aside execution. The material facts, which are undisputed, are as follows: The action, being of assumpsit for $30 for professional services rendered by the plaintiff for the defendant at her request in drawing certain leases, was instituted in the District Court of Honolulu on October 28, 1898. On the 7th of November following, the defendant appealing in person, trial was had before the magistrate, and judgment rendered for the defendant, and on the same day the plaintiff noted and thereafter, within the time prescribed by law, perfected an appeal to the First Judge of the Circuit Court of the First Circuit. It was not, however, until August 2, 1901, that the magistrate's certificate, dated June 19, 1901, and the record were transmitted to the Circuit Court. The latter court, without the intervention of a jury, heard the case on October 18, 1901, and rendered judgment for the plaintiff for the amount claimed. There was no appearance of or for the defendant at this hearing, nor did she have any notice or knowledge that the trial would take place at that time. Execution was issued on the 30th day of the same month and on the 16th of November following the defendant moved to vacate the judgment and set aside the execution and in support of the motion filed an affidavit setting forth the fact that she had had no notice or knowledge of the trial in the Circuit Court, and also the further facts that she had had no notice or knowledge of the filing or perfecting of an appeal from the judgment in the District Court, that the first intimation she had of the trial in the Circuit Court was on November 7, 1901, when the execution was served on her and that she “has a good defense to said action inasmuch as she never directly or indirectly employed the said plaintiff to perform the services for her as alleged or any...
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Stafford v. Dickison
...court reviewed orders refusing to set aside default judgments and affirmed them on the ground there was no abuse of discretion. In Vivas v. Akoni, 14 Haw. 115, and Bobkoff v. Chesticoff, 24 Haw. 447, such orders were reviewed and reversed. By the weight of authority an order refusing to set......
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Laupahoehoe Sugar Co. v. Lalakea
...the provisions of our statute must prevail. To our minds they are clear and unambiguous. It is worthy of mention, however, that in Vivas v. Akoni, 14 Haw. 115, decided in 1902, the court construed a parallel statute substantially as we are now construing this statute. In that case judgment ......