![]() ![]() The intent of the Congress in enacting Sections 95 and 96 of the Organic Act was to destroy, so far as it was in its power to do so, all private rights of fisheries and to throw open the fisheries to the people. It being the policy of the law to give quiet and repose to titles, courts of equity will not interfere after a great lapse of time and peaceable possession.ġ1. ![]() Construction of a judgment acquiesced in by the parties will not be changed without strong reason.ġ0. The situation of the parties should be considered in determining the intention of the parties to an ambiguous deed and the intent so determined should be given effect if practicable.ĩ. The construction given an ambiguous deed by the parties to it will be given effect unless it contravenes some rule of law.Ĩ. Incorporation by reference makes the subject matter referred to as much a part of that which incorporates it as though set forth therein at full length.ħ. The findings of fact of the trial court will not be set aside unless the appellate court is left with a definite and firm conviction that a mistake has been committed. Following 'precedent' set by a court of coordinate jurisdiction is merely a matter of comity and is applicable only when a court entertains doubt as to its own views.ĥ. The doctrine of stare decisis relates to questions of law, that is, to the effect of legal propositions announced in prior adjudications upon subsequent actions which involve similar questions between strangers to the proceedings in which the adjudications were made. The doctrine of res judicata applies only as between the parties to an earlier action or their privies and only insofar as the court rendering the judgment had jurisdiction of the parties and the subject matter.Ĥ. The most that can be said of the provision of R.L.H.1955, § 231-4, dismissing with prejudice for want of prosecution 'a cause remaining untried for a period of six years after it has been placed on the calendar' is that it affects merely the court's jurisdiction over the parties, which, being a personal matter, may be waived.ģ. It is elementary that an appellant must furnish to the appellant court a sufficient record to positively show the alleged error.Ģ. ![]() HAWAIIAN DREDGING COMPANY et al., and Jue Anami, David
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