The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1875-04-17
Snnreme Court

On Monday and Tuesday Of last week, the native
jury was occupied with = case Of ~ejectnent. Mamie
aud others against Namea and others. The verdict
was for the plaintiffs with S125 damages A. s
Hsr;Well for plaintiffs, E. Preston for defendants.
Kanaina vs. Haalelea followed also, a case Of eject
nent, to recover an old lane on the est side of the
present Marine Hospital grounds. The case closed
unexpectedly on Wednesday. BY the plaintiff taking
. Judgment Of non suit A s Hartuell for plaintiff,
r H. Stanley and l. McCuIly for defendant
On Thursday the following motions were heard
DoEsett vs.. LiIikslani's administrators; molten to
dismiss for want Of jurisdiction. the defendant claim
ing that the case cculd only be settled in equity, By
reason Of the involved seeOunts. and mutual relations
Of trust AID confidence between the parties. which
required discovery, according to equity p~racticei
motion denied (ths case was afterwards compton,
ised). Z I. O'HallOran and E ,es,on for plaintiff,
A. 8 HartEelI for defendant
Wright vs.. Kukahaule, ejectment Motion for
continuance to obtain testimony. granted. ]. p.
Green for plaintiff. A. S. HArtWell for defendant.
Hebron VS.. Lake and Everett. Motion to continue
for defendant. and not to charge the trustee for de-
fective service of summons. The plaintiff prayed for
the usual g~arnishee process, but the process which
the clerk issued not being sufficient in the opinion Of
the Court. sew service was ordered to be returnable
AuA5 ACNuI- "A D. " lAtuAlu H. II. DtaOlcy
and L. McCully for defendant
On Saturday . demurrer by the defendant was
argued in ]. R. Williams vs.. H.. HAekfeId & Co.
This was an action to cover SSSs.55. proceeds OF
sugar sold for the plaintiff by the defendants as COM
mission merchants. The sale was made on sixty
days. credit to Walker & Allen, who gave their note
for the entire amount, sl.27s. payable March Sd
last. The note was not paid. and the amour, sued
for rernainad dina md unnaii lime 9th NJ uhich
date they became bankrupt. The demurrer was on
the ground that the defendants did not guarantee
sales. but on the contrary especially exempted them
selves from personal liability, as appeared by the
heading Of their account sales attached to the plant
IFS declaration. The defendants also argued that
failure to bring suit from March Sd to June 8. was no
evidence of gross negligence by which the jury could
find for the plaintiff, and that the account rendered
did not show that the agents assumed any response
bility, but the reverse. The demurrer was overruled.
W. c. Jones for plaintiff. A S. Hartwell for defendant.
On Monday and Tuesday last the trial of Captain
John Meek's contested will took place. The contest
ant relied on certain incoherencies in the wording Of
the will, and on evidence Of one OF the witnesses to a
codicil that it was made when the testator q was too
far gone to make q will, - and when he seemed TO be
worried into it," There was also evidence adduced
that the will was contrary to the wishes Of the
testator in some respects. The will was sustained by
q unanimous verdict Of a mixed jury. John Mont
gomery, W.. c. Jones AID L. Preston for the will; A.
s. Hartvell, contra.
The following criminal cases have been tried dur
ing the term:
Rex VS.. Kaailaau. charged with rape; verdict Of
guilty. Fined $50, and to be imprisoned one year.
Rex vs.. Kealakai, furious and needless driving;
verdict of guilty. Fined 500.
Rex VS.. Nahuewaia, burglary; verdict Of guilty.
Fined $50, and TO be imprisoned 8 months.
Rex VI. Kimo and WaiWaiOle. Illicit distillings
verdict Of guilty. Fined. the first, SIPS, and the
second $50.