William W. Bierce, Ltd. v. Hutchins,
205 U.S. 340 (1907)

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U.S. Supreme Court

William W. Bierce, Ltd. v. Hutchins, 205 U.S. 340 (1907)

William W. Bierce, Limited v. Hutchins

No. 212

Argued March 20, 21, 1907

Decided April 8, 1907

205 U.S. 340




In an appeal from the Supreme Court of the Territory of Hawaii, tried by the court of first instance without a jury, where the supreme court of the territory reversed the conclusions of law, but took the finding of fact as true, and those findings are not open to dispute, but the question for decision is definite and plain, there is no need to send the case back for a statement of facts by the Supreme Court of the Territory, although one should have been made.

Election is simply what its name imports; a choice shown by an overt act between two inconsistent rights either of which may be asserted at the will of the chooser alone. Transfer is different from election, and requires acts of a different import on the part of the owner and corresponding acts on the part of the transferee.

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