light rule (Hawaii) · Go Syfert
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light rule in Hawaii

5 Hawaii opinions name it 2 courts 1963–2022 1 in the last five years

The cases below were cited by Hawaii courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (2)

CaseFollowedCited
Wilson v. Freitasgreen
hawapp · 2009 · cited in 1 Hawaii opinions naming this issue, 2022–2022
1 sentence

2022Nakamoto v. Kawauchi, 142 Hawai#i 259, 270 n.7 418 P.3d 600 , 611 n.7 (2018) (citing Wilson v. 6 NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER Freitas; 121 Hawai#i 120, 130, 214 P.3d 1110, 1120 (App. 2009)).

11
State v. O'DANIELgreen
haw · 1980 · cited in 1 Hawaii opinions naming this issue, 1988–1988
2 sentences

1988Where, as in this appeal, the defendant in a criminal case avers an instruction covering a defense he raised at trial was refused in error, the claim must be considered in the light of a rule that he “is entitled to an instruction on every defense or theory of defense having any support in the evidence, provided such evidence would support the consideration of that issue by the jury, no matter how weak, inconclusive or unsatisfactory the evidence may be.” State v. O’Daniel, 62 Haw. 518, 527-28 , 616 P.2d 1383, 1390 (1980) (citations omitted) (original emphasis).

1988Where, as in this appeal, the defendant in a criminal case avers an instruction covering a defense he raised at trial was refused in error, the claim must be considered in the light of a rule that he “is entitled to an instruction on every defense or theory of defense having any support in the evidence, provided such evidence would support the consideration of that issue by the jury, no matter how weak, inconclusive or unsatisfactory the evidence may be.” State v. O’Daniel, 62 Haw. 518, 527-28 , 616 P.2d 1383, 1390 (1980) (citations omitted) (original emphasis).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Hawaii. Read the followed side critically anyway.

Also cited on this issue (8)

CaseCitedYears
Nakamoto v. Kawauchi. green
haw · 2018
1 sentence

2022Nakamoto v. Kawauchi, 142 Hawai#i 259, 270 n.7 418 P.3d 600 , 611 n.7 (2018) (citing Wilson v. 6 NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER Freitas; 121 Hawai#i 120, 130, 214 P.3d 1110, 1120 (App. 2009)).

12022–2022
United States v. Throckmorton green
scotus · 1878
2 sentences

1977United States v. Throckmorton, 98 U.S. 61 , 25 L.Ed. 93 .

1977United States v. Throckmorton, 98 U.S. 61 , 25 L.Ed. 93 .

11977–1977
City & County of Honolulu v. Bishop Trust Co. green
haw · 1965
2 sentences

1967Further, in the light of the principle set forth as a guide in Territory v. Adelmeyer, 45 Haw. 144, 147-48 , 363 P.2d 979, 982 , followed in City and County of Honolulu v. Bishop Trust Co., 48 Haw. 444 , 404 P.2d 373 , that with respect to evidence of value in eminent domain proceedings any evidence which will aid the jury in fixing the fair market value of the property should be considered by them, it cannot be said that there was an abuse of discretion under the circumstances. 7 We find that the trial court did not err with respect to plaintiff’s first and second specifications of error.

1967Further, in the light of the principle set forth as a guide in Territory v. Adelmeyer, 45 Haw. 144, 147-48 , 363 P.2d 979, 982 , followed in City and County of Honolulu v. Bishop Trust Co., 48 Haw. 444 , 404 P.2d 373 , that with respect to evidence of value in eminent domain proceedings any evidence which will aid the jury in fixing the fair market value of the property should be considered by them, it cannot be said that there was an abuse of discretion under the circumstances. 7 We find that the trial court did not err with respect to plaintiff’s first and second specifications of error.

11967–1967
Territory of Hawaii v. Adelmeyer green
haw · 1961
2 sentences

1967Further, in the light of the principle set forth as a guide in Territory v. Adelmeyer, 45 Haw. 144, 147-48 , 363 P.2d 979, 982 , followed in City and County of Honolulu v. Bishop Trust Co., 48 Haw. 444 , 404 P.2d 373 , that with respect to evidence of value in eminent domain proceedings any evidence which will aid the jury in fixing the fair market value of the property should be considered by them, it cannot be said that there was an abuse of discretion under the circumstances. 7 We find that the trial court did not err with respect to plaintiff’s first and second specifications of error.

1967Further, in the light of the principle set forth as a guide in Territory v. Adelmeyer, 45 Haw. 144, 147-48 , 363 P.2d 979, 982 , followed in City and County of Honolulu v. Bishop Trust Co., 48 Haw. 444 , 404 P.2d 373 , that with respect to evidence of value in eminent domain proceedings any evidence which will aid the jury in fixing the fair market value of the property should be considered by them, it cannot be said that there was an abuse of discretion under the circumstances. 7 We find that the trial court did not err with respect to plaintiff’s first and second specifications of error.

11967–1967
Clark v. Wilson neutral
circtedpa · 1819
1 sentence

1963Friedman v. Mandelbaum, supra, 25 N.J.Misc. 157, 51 A.2d 260 , reaffirmed the rule as stated in Hecksher v. Trotter, 48 N.J.L. 419 , 5 A. 581 , 584: "The general rule is that unliquidated damages, resulting from the violation of a contract, cannot be recovered by attachment, unless the contract affords a certain measure or standard for ascertaining the amount of the damages. * * * The standard should be a subject-matter of the contract. * * * The standard must be shown by the contract without the aid of inferences from extrinsic facts or circumstances. " (Emphasis added.) The language of Mr. J

11963–1963
Friedman v. Mandelbaum neutral
njcirctpassaic · 1947
2 sentences

1963Misc. 157 , 51 A.2d 260 , reaffirmed the rule as stated in Heeksher v. Trotter, 48 N.J.L. 419 , 5 Atl. 581 , 584: “The general rule is that unliquidated damages, resulting from the violation of a contract, cannot be recovered by attachment, unless the contract affords a certain measure or standard for ascertaining the amount of the damages. * * * The standard should be the subject-matter of the contract. * * * The standard must be shown by the contract without the aid of inferences from extrinsic facts or circumstances(Emphasis added.) The language of Mr. Justice Washington, of the Supreme Cou

1963Friedman v. Mandelbaum, supra, 25 N.J.Misc. 157, 51 A.2d 260 , reaffirmed the rule as stated in Hecksher v. Trotter, 48 N.J.L. 419 , 5 A. 581 , 584: "The general rule is that unliquidated damages, resulting from the violation of a contract, cannot be recovered by attachment, unless the contract affords a certain measure or standard for ascertaining the amount of the damages. * * * The standard should be a subject-matter of the contract. * * * The standard must be shown by the contract without the aid of inferences from extrinsic facts or circumstances. " (Emphasis added.) The language of Mr. J

11963–1963
Heckscher v. Trotter green
nj · 1886
2 sentences

1963Misc. 157 , 51 A.2d 260 , reaffirmed the rule as stated in Heeksher v. Trotter, 48 N.J.L. 419 , 5 Atl. 581 , 584: “The general rule is that unliquidated damages, resulting from the violation of a contract, cannot be recovered by attachment, unless the contract affords a certain measure or standard for ascertaining the amount of the damages. * * * The standard should be the subject-matter of the contract. * * * The standard must be shown by the contract without the aid of inferences from extrinsic facts or circumstances(Emphasis added.) The language of Mr. Justice Washington, of the Supreme Cou

1963Friedman v. Mandelbaum, supra, 25 N.J.Misc. 157, 51 A.2d 260 , reaffirmed the rule as stated in Hecksher v. Trotter, 48 N.J.L. 419 , 5 A. 581 , 584: "The general rule is that unliquidated damages, resulting from the violation of a contract, cannot be recovered by attachment, unless the contract affords a certain measure or standard for ascertaining the amount of the damages. * * * The standard should be a subject-matter of the contract. * * * The standard must be shown by the contract without the aid of inferences from extrinsic facts or circumstances. " (Emphasis added.) The language of Mr. J

11963–1963
Henriques v. Vinhaca green
haw · 1911
2 sentences

1963In considering Fisher v. Oonsequa, supra, the court in Clark v. Wilson, supra, had this to say: “The principle decided in that case was, that a demand arising ex contractu, the amount of which was ascertained, or which was susceptible of ascertainment by some standard, referable to the contract itself, sufficiently certain to enable the plaintiff, by affidavit, to aver it, or a jury to find it; might be the foundation of a proceeding by way of foreign attachment * * (Emphasis added.) In dissolving the attachment on a claim of damages against one who had chartered a ship for renouncing the char

1963In considering Fisher v. Oonsequa, supra, the court in Clark v. Wilson, supra, had this to say: “The principle decided in that case was, that a demand arising ex contractu, the amount of which was ascertained, or which was susceptible of ascertainment by some standard, referable to the contract itself, sufficiently certain to enable the plaintiff, by affidavit, to aver it, or a jury to find it; might be the foundation of a proceeding by way of foreign attachment * * (Emphasis added.) In dissolving the attachment on a claim of damages against one who had chartered a ship for renouncing the char

11963–1963

Where else courts name it

CA 188 (1892–2026) NY 91 (1872–2021) TX 77 (1911–2024) IL 62 (1880–2026) PA 53 (1907–2025) NE 41 (1887–2015) FL 33 (1903–2009) NC 32 (1899–2026) MI 31 (1877–2022) MO 31 (1898–2008) AL 30 (1909–2013) OR 27 (1893–2014) LA 25 (1937–2016) TN 24 (1956–2025) GA 22 (1877–2025) MA 20 (1857–2007) OK 20 (1900–2020) NJ 20 (1949–2026) CT 19 (1921–2017) SC 18 (1927–1975) IA 18 (1872–2018) NV 17 (1914–2017) IN 17 (1864–2015) KY 14 (1908–2026) MD 14 (1928–2022) OH 13 (1918–2023) SD 13 (1922–2009) ID 13 (1912–2001) WA 12 (1911–2020) NM 12 (1941–2018) AZ 11 (1966–2026) KS 10 (1896–1989) UT 10 (1955–2025) CO 9 (1894–2002) ND 9 (1896–1952) WI 8 (1900–2024) ME 8 (1975–2012) MT 7 (1910–1938) MN 7 (1906–1965) MS 7 (1916–2004) HI 5 (1963–2022) WY 5 (1923–1991) AR 4 (1934–1977) DE 4 (1961–1964) RI 4 (1962–1983) DC 4 (1943–1985) VA 3 (1909–2008) WV 3 (1959–2013) PR 2 (1929–1937) VT 2 (1962–2024) NH 2 (1975–1981)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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