Oliver Wendell Holmes, Jr.

“ If, at the time of final judgment, there is no right of appeal whatever, it is perhaps even plainer that a party cannot evoke a new one by filing a petition for rehearing, even if, by accident, it is kept along until an act giving an appeal is passed. ”

“ Argued: March 18, 1907. --- Decided: April 22, 1907
This is a writ of error to review a judgment for the defendants in a suit upon a contract. 16 Haw. 332, 485. At the trial a nonsuit was ordered, subject to exceptions taken by the plaintiff. A motion for a new trial was made but was dismissed, and this dismissal also was excepted to. The supreme court held that the former exceptions were presented too late, but that the latter was open and raised the question whether the judgment of nonsuit was right as matter of law. ”