Alau v. Parke

Hawaii Supreme Court

Alau v. Parke

5 Haw. 2, 1883 Haw. LEXIS 22

DecidedJuly 6, 1883

StatusPublished

This text of 5 Haw. 2 (Alau v. Parke) is published on Counsel Stack Legal Research, covering Hawaii Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Alau v. Parke, 5 Haw. 2, 1883 Haw. LEXIS 22 (haw 1883).

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Opinion

Opinion op the Court by

Austin, J.

This case was an action for false imprisonment tried by a jury before Mr. Justice Austin at the April term of the Court. The judgment rendered was in favor of plaintiff.

The Court, upon the defendant’s request to find upon the facts whether there was probable cause for the arrest, which was proved, refused so to find, but submitted that question to the jury.

Upon the authority of Ah Cheu vs. Wong Kuai, 3d Hawaiian Reports, p. 85, which escaped the attention of the Court below, we think this was error, and the judgment is therefore reversed and a new trial ordered.

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Opinion op the Court by

Austin, J.

This case was an action for false imprisonment tried by a jury before Mr. Justice Austin at the April term of the Court. The judgment rendered was in favor of plaintiff.

The Court, upon the defendant’s request to find upon the facts whether there was probable cause for the arrest, which was proved, refused so to find, but submitted that question to the jury.

Upon the authority of Ah Cheu vs. Wong Kuai, 3d Hawaiian Reports, p. 85, which escaped the attention of the Court below, we think this was error, and the judgment is therefore reversed and a new trial ordered.

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Bluebook (online)

5 Haw. 2, 1883 Haw. LEXIS 22, Counsel Stack Legal Research, https://law.counselstack.com/opinion/alau-v-parke-haw-1883.