Christian

This is a motion to dismiss an appeal from a decision of the Supreme Court of the Territory of Hawaii ( 31 Haw. 817 ) entered May 21, 1931, vacating the decree of the trial court and remanding the cause to the trial court with instructions to permit the amendment of the pleadings and receive additional evidence. The appellee claims that the judgment of the Supreme Court is not a final decree within the meaning of the statute giving appellate jurisdiction to this court. 28 US CA § 225. It is evident that the decision of the Supreme Court is not final in the ordinary acceptation of the term because it expressly directs further proceedings and vacates the decree of the trial court. Appellant, however, claims that the decision is final for the reason that it was decisive of the only issue involved in the ease, namely, as to whether or not a certain deed should be vacated because of the mental incapacity of the grantor. The Supreme Court, while it vacated the decree of the trial court, directed it, at the conclusion of the hearing upon the amended bill, to enter a decree setting aside the deed on the ground of the incapacity of the grantor.

The claim is that the Supreme Court, while…