The Hawaiian gazette., 1874-11-12
HAWAIIANGAzETTE


Gisg NAV ghr rvspOndcut ard ocIuurrvr, csiinifE
that thC eln doss nol shov that the Pe'iSsonss b
eutRIea 10 ihc discovery Or risf prayed tSr. Hear.
inS was bad tscrcon, Jupe "a.
TIE causes Of demurrer sPcSIned are - follow;
I. Tsvr l. no equity In ssla bin o. complaint,
ercsuse al The sllersiiOns thsrvof show cause q
action IN trv~pass only for vbich the complainant
has fan, ecnPlete aud Sdc0ee,e rvnSiy al tbs con-
rnou law. ard usder The Statutes Of this Kingdom,
80 Therv y no equitable OF lrgAl csnse shoSn
for granting an irluncion Tor ,hc reusun that the
hn Of cOmpl.iu, d,,Cs not show that the defendant,
l. s,arauittIrg great sod iryvPsrele Injury, and
dOcs not aurcv that frOm bis insolvenSy or Other
cause. this defendant s incapable Of rvsPondug In
damages IN AZ sStiSp Of ,rvsI~ss-"
Every bin In equity NAV h eOuslasrcd BIN Tor
a-e,vrry, since u seeks disclosure non The ~
spoudent Of the circumstances relating 10 the P~i
TONERS case.
S,or, e Jar, go and us
In this bl toe discovery soughtfo for is an account
In the worlds Of the hill The petitioner asks that the
rvspoadsut may sci iorih under bis eorPcusl oath
tell. ,rve snd particular secOUot Of the hOneer
Of unmarked aud unbranded cattle BY him taken, or
by any other person or persons by bis permission
or direction tskev, IOr bis use aud benefit, iron the
5,h day OF September. 1874 up 20 aud until The Sh
DAY Of September, 1873, aud Nhsn aud al what
tme or tlmrs aud frcm which Of The said lands and
premises mentioned In your PvlitiOner's somPlalpt
they have bocu taken and eevn converted 10 bis,
the deirndsnt's, owe vsc aud evpvht;" and also a
particular seeOsnt % toe ppSuRdrd cslsls taken
By respondent during The sane Pert'd 81 time, on
the lands OF waikolus Beadle's llnl PrmSn's lease
Of HoIaaSawsI, Kalopa, waimes, Pu1snahulu, End
bis PARTON Of Humuula Con which the rvsPoudent
has The right to iskS 100 head pr snnuml and also
an account Of the unbranded cattle taken during
the same period from the petitioners laud OF Hu'
muula. ard irom Puukspn or any other lands Of
petitioner on The Island Of Hawaii, on which the
respondent has riEht Prvilvv Of taking cattle.
Courts Of equity exercise Jurisdiction 10 cases 81
r,Hh.sl aud S0nplicaIed accounts founded on priv.
Ivy Of contract upon the ground Of the iusd.quAcy
nf the remedy al Law. sStory Eq Jur., s. ~ and
Isl Also, when the accounts TO DC examined are
on one side only aud discovery is wanted 10 aid
Of an secoau, there being series Of transactions
on one side aud Of payments on the other. But
where there are no mutual demands, aud but a sin
gle matter on one side, court Of equity Will not
entertain Jurisdiction.
Story, ID. IS +SS-aSs.
Tue bill asks that the respondent detail ard enu,
merate how many unbranded cattle he has taken
and eruver;vd. The 6In alleges ireSpaSs, and the
respondent is asked TO say huw UfCen he has tres
passed and 10 disclose to what extent be has dam-
aged the petitioner. Il would be the same as II
trespasser de hoEis Gsorsotis required to dis
close how many trees ne had fellrd, or how much
ore be Lad iakeu or how mach salt be bad QuarrIed
on the land Of another. This is not in any sense
the matter OF account" OF which rqu " has juris
dieiiOn II the Respondent has irspassed by tsking
more than the one hundred head Of unbranded
mountain cattle per anuum, allowed him by the
the agreement, Exhibit Il" Of tie bill, or by TAX
ing them on lands where be is not allowed To take
iheul, be Is liable therefor and, the damage Is
susceptible Of proof, there is complete and ude
quaie remedy therefor at Law, and equity will not
take jurisdiction and compel discovery In the
tnrr Of an account.
As above iuiiunaied the number Of cattle wrong.
fully taken aud converted is not an account" in
the sense Of the word in which Il is used in this
well known branch Of equity Jurisprudence.
II the discovery DC made aud the account Of the
cattle taken should be dIed, ikil to see bow ii
would benefit the pvtitiuner any; for be does not
ask Tor damages dues be allege the peudeDcy uf
Il damages we're prayed for 1t is doubtful If court
OF equity hss any i,hereut power to ascertain the
amount Of damages sustained by reason Of tresp4s-
ses II the nature Of those laid 10 this bill.
An injunction is also prayed for 10 the hill, TO
restrain the respondent FROM going 10 that part
Of the land Of Humuula" reserved 10 petitioner
and taking cattle thereon also from going on 10 the
land of Puukapu" and taking cattle, also from
going on 10 The lands (Jhe leases OF which were
to him) and taking tbererom more than
100 head OF cattle per anuum, aud IRON taking cat.
lie FROM the portion u "HumuuIa " leased to re.
spoudvut.
The rights Of The respondent to take the cattle
IN any al Of the lands above mentioned in any
Or all Of the attitudes described, are pure qurs-
lions OF law, resting upon the construction OF The
Tarious instruments exhibited with the bill, aud
he statutes Of the Kingdom. Tue title in the cat
le claimed BY the petitioner is a pure legal title
The bill does not disclose any agency OF trust in
be respondent under the petitioner. In order TO
the Interference Of a Court Of Equity BY
Eay OF injunction against trespsss, the bill must
how that the damage is Of a serious or irrerarz.
lie character. The consideration aud principles
iPon which toe Cuur: iuterfrres by way Of iujunc
ioH tesA apou tFCpaIaoic injury. hSTT luluuSs !
n Eq: PIP 4eS AID SSl.
II the trespsss or dsmsge be complete sRd there
ore capable OF being measured al law, the injury |
not irrepasble and no injunction will issue. The
slue Of the catIIe taken wrOngfuIly can be ascrr
aimed aud computed. And the injury Is not per
naneut in its uuture lending 20 the destruction
4 the estate, like the telling OF timber, or any
her waste. There Is allegation Ia this bill that
be respondent Is ipCapsbe Of responding in DANCES
The bill does not sIlege that the trespass is Of q |
oniinuing NATURE; on the contrary, tue time Is /
vhnitely laid, within which the trespsss Is alIeed
D have BEEN committed, TO wit, from the 5ih Sep
ember ls72, TO the stu September 1873, and the 4
discovery ssked for Is the humber Of cattle taken /
within this period Of time.
II this bill showed continuing tresspass and /
sked for an iuterIOcuiory injunction, In order 10
rOiee, the property from damage pending liiigs- /
ION, there would be grOund for interference for the
junction Of Court Of Equity 10 cases of trespass
in sid Of the legal right. But the right ct law,
be dsay and the brrseh Of tbst right also clear
nd SERIOUS damage likely &c arise 10 the pIziuuin
efors Equity car Interfere By 3 mandatory H.
lnetion-
The right Of the petitioner TO the cattle, whether
Gar or not. Is certainly disputed, for the bill 81
ges that the respondent tosk them under claim
right Tue title 10 the cattle, therefore, requires
le adjudication Of Court Of law, aud therefore