Fong

From a judgment of the Supreme Court of the Territory of Hawaii affirming a peremptory writ of mandamus issued by a circuit court of the Territory, appellant, Leonard K. Fong, Auditor of the City and County of Honolulu, has appealed to this court.

The value in controversy exceeds $5,000, exclusive of interest and costs. This court, therefore, has jurisdiction of the appeal.

Appellant took the appeal by filing a notice of appeal on April 23, 1952. He also filed a petition for appeal and an assignment of errors, obtained an order allowing the appeal and caused a citation on appeal to be issued and served on appellee, James W. Glover, Limited, apparently upon the theory that Rules 73-76 of the Federal Rules of Civil Procedure were not applicable to appeals from the Supreme Court of the Territory, and that therefore such appeals were governed by the old practice— the practice requiring petitions for appeal, assignments of errors, orders allowing appeal and citations on appeal. We reject that theory. Although Rules 73-76 of the Federal Rules of Civil Procedure were not, by their own terms, made applicable to appeals from the Supreme Court of the Territory, they were adopted as part…