Oliver Wendell Holmes, Jr., Hapai v. Brown — Opinion of the Court
“ The cases where objections to the jurisdiction, though taken in the cause, have been held to have been waived, go farther than we have to go here. We will not speculate as to how extreme a case must be to produce a different result ”
Oliver Wendell Holmes, Jr., Hapai v. Brown — Opinion of the Court
“ It therefore affirmed a judgment for the defendants, holding that the plaintiffs were concluded by the former decree. The only point, if any, that can be argued, is that in general a bill for partition cannot be made a means of trying a disputed title (Clark v. Roller, 199 U.S. 541, 545, 50 L. ed. 300, 302, 26 Sup. Ct. Rep. 141) , and that therefore the decree should be taken to be a dismissal for want of jurisdiction, or at least allowed no greater effect than if it had gone on that ground. ”
Oliver Wendell Holmes, Jr., Hapai v. Brown — Opinion of the Court
“ This is a bill to quiet title to an undivided 29/36 of the ahupuaa of Kaonoulu, a large tract of land in the island of Maui, territory of Hawaii The plaintiffs claim through the children of one Keaka other than one daughter, Paakuku, through whom the defendants claim the whole tract. ”
