Cotton v. Hawaii, 211 U.S. 162 (1908)

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Cotton v. Hawaii

No. 7

Argued October 27, 1908
Decided November 30, 1908
211 U.S. 162

ERROR TO THE SUPREME COURT

OF THE TERRITORY OF HAWAII

Syllabus

The elementary rule that the power of this Court to review judgments under § 709 Rev.Stat. and under statutes relating to review of judgments from territorial courts extends only to final judgments also governs appeals from the Supreme Court of Hawaii under § 86 of the Act of April 30, 1900, c. 339, 31 Stat. 141, 158, and the amendatory Act of March 3, 1905, c. 1465, 33 Stat. 1035.

The power of this Court to review the judgments of courts of the territories depends upon acts of Congress, and cannot be extended by territorial legislation.

The decisions of the Supreme Court of Hawaii in this case, overruling exceptions and reversing order for new trial, were based on bill of exceptions which did not bring up the whole record, were not under the practice of Hawaii final judgments, and are not reviewable by this Court.

Writ of error to review 17 Haw. 618 dismissed.

The facts are stated in the opinion.