The Hawaiian gazette., 1869-10-20
Supreme Court. October Term.

OCIoBER TERN, ISbs-
The Court came in on Tuesday, the 5th inst,
al 10 o'clock A. NJ, Justice Hartwel and Jus
tiee Widemann, on the bench.
The King C.. Ioane and Awahua, by appeal
from District Court of Eva for nuisance The
Attorney General entered nolle Orosogui, and
upon motion of Mr.. Keawehunahala, it was
ordered by the Court that the Judgment of the
Court below be set aside, with costs to the De
PENDANT.
Geo. Morris rs. Jos. Morris. This was q
case Of trespass by animals, by continuance
from last term. Messrs. Montgomery and Stan
ley counsel for the Plaintiff and Messrs. Jones
and Thompson for the Defendant.
Counsel for Defendant moved to dismiss the
action for want of amendment filed as ordered
by the Court last term. Counsel for Plaintiff
held that they had amended the Complaint on
file by alteration. The motion was overruled
by the Court, but the Court said that it was ir-
regular to amend by corrections and directed
the amendments be made on separate paper
and filed, which was done. On motion Of
Plaintiffs counsel a jury was drawn, and no
objection being made were duly sworn to try
the issue
The jury retired at o'clock to consider of
their verdict and returned at quarter to 4 and
rendered this verdict by their foreman, all the
jurors eonsenting. 1--WE find a verdict for the
Plaintiff for three hundred and fifty dollars
The foreign and Hawaiian panel were dis
charged till again notified by the Marshal. and
the Court adjourned to tomorrow 9th inst, at
10 AN.
The Court opened on Wednesday the 9th
inst, at 10 o'clock A. NJ, Hartwell, J., and
Widemann, J., on the bench.
Geo. D. and Dan. Silva e.. P. NahaOlelua
action for trespass and mesne profits, eontin-
ued from last term. II. Thompson for Plain
tif's, c. C. and F. II. Harris, for defendant
action.
Upon argument the Court held that the
declaration was sufficient in other respects, but
that = copy of the award of the premises should
have been annexed to the petition as a voucher.
but that was not ground to dismiss the COM
plant, that the complaint might be SO amended
upon terms.
Counsel for defendant read and filed afida-
Wit and motion for continuance of the cause to
next term, and the Court ordered the case to
be SO continued and the petition to be amended
by aPpending copy of The award.
Kaneakauhi and Makuhalii &c. David KA-
ioi, action of ejectment, continued from last
term. Jury waived. Mr.. Judd fOfPlAintiff's
and Mr.. Thompson for defendant.
The Court gave judgment for Plaintiff with
costs. but without mesne profits from the non
joinder of other heirs. Counsel for defendant
gave notice Of exceptions. The Court adjourn
ed to tomorrow, the eth inst
The Court opened on Thursday the 18th inst,
at 10 o'clock A. NJ. HArtwell, J. and Wide
mann, J., on the bench.
In reAsa Hopu- R. C. Davis. Esq. Counsel
for defendant. without the appeal.
AtipOe rs. Squires. On motion of Mr.. Kea-
wehunahals for the Plaintiff. this case was
reinstated on the Calendar, no notice of appeal
having been served upon him, and on motion
of Mr.. Jones for defendant, was continued to
next term.
Aki re- G. J. Raymond. Counsel for Plain
tiff moved to dismiss on the ground that the
amount in the bond of appeal, $50, was insult
cient Motion overruled. The Court gave
Judgment for the Plaintiff for 5000 damages,
with costs to the defendant.
The King re-. Achew and Watoi- In this
case, tried at the last term Of the Circuit Court
Of Kauai, Mr.. Jones, counsel for defendants,
who had given notice Of exceptions, said that
he should not persecute them, and on motion of