HRS 0641-0003 ANNOTATIONS

See HRCP rule 62. See also appended chapter note, pts. I A8, I D8, II B.

Pending appeal, decree should not be enforced in whole or in part. 20 H. 370; 20 H. 682. Appeals from judgment in habeas corpus proceedings stay execution. 13 H. 534; 19 H. 346; 26 H. 701. While supersedeas operates, statute of limitations suspended. 20 H. 370. An abortive appeal, until disposed of, operates as a supersedeas. 20 H. 370. Re stay pending interlocutory appeal. 26 H. 69. That part of section permitting execution to issue pending appeal does not apply to district court cases wherein jury trial is demandable of right. 14 H. 524. But see 15 H. 590, where amendment to statute was upheld and execution ordered to issue in accordance therewith. Executions pending appeal apply to proceedings for summary possession as well as to other proceedings and cannot issue unless upon good cause shown and an opportunity to file supersedeas bond. 15 H. 624. In cases other than for the nonpayment of rent, an appeal from a judgment of summary possession does not operate as a supersedeas. 27 H. 362. Liability to execution notwithstanding appeal does not detract from the adequacy of the remedy of assumpsit at law. 27 H. 308. Bond: on appeal by guardian from money judgment against guardian on accounting, not exempt from bond requirement. 27 H. 129. Effect of appeal on sequestration: 33 H. 725; appeal as stay, 33 H. 911.

Regarding amount of supersedeas bond in tenant's appeal from judgment awarding possession of land. 58 H. 546, 574 P.2d 128.

Supersedeas bond, filed within appeal period, constituted sufficient notice of appeal to correct prematurely filed notice. 58 H. 552, 574 P.2d 884.

Confers right of appeal on the State in nine instances, but not including pretrial discovery orders. 71 H. 304, 788 P.2d 1281.