The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1881-01-29
Supreme Court.
JANUARY SESSION. 1881.
BEFORE THE FULL Court IN BANCO.


BEFORE THE FULL Court IN BANoO.
FRIDAY, JANUARY, ~2Ist-Rachael Lewis. admins
tratrix of the estate of Levi Lewis, deceased, VS.. the
New York Life Insurance Company. Exception to
the ruling of Mr.. Justice Judd. at last October term.
Mr.. Hatch, for the plaintiffs, and Messrs. A: S. Hart
well aud Benjamin Austin, for the defendants ex-
ceptions. The case wa argued aud submitted, and
the judgment of the Court reserved.
In the matter of the brigantine Nicolaus. Appeal
from the decision of Mr.. Justice Judd. sitting in
admiralty. Mr.. Davidson, for E.. b. Thomas, Mr..
Preston, for G. W. Macfarlane. Mr.. W. G. Jones, for
II. Freeman, the appellant. In reply to an enquiry
by the Court, Mr.. Preston, there was no further
testimony to offer. The exceptions were argued and
judgement reserved.
Ekekela Goldstein VS. J. Goldstetn. Exceptions to
the ruling of Mr.. Justice Judd, at the Third Judicial
Circuit fWaimea). Mr.. S. b. Dole, appeared for the
exceptions taken on behalf of the libellant, by Mr.
Holokahiki. Mr.. W.. C.. Jones and Mr.. Hatch
appeared for the defendant. Mr.. Jones filed a
motion to dismiss the exceptions, on the ground thu
there are no legal grounds setforth in the bill of ex-
captions as Aled, y hich entitled them to a hearing in
the Supreme Court. The Court, however, decided
that they would hear Mr.. Dole. as if the matter were
before them on appeal. Mr.. Hatch called the atten-
ton oil the Court to the fact that no bond az
required in cases of appeal had been filed by the
libellant. The Court again decided to hear Mr.. Dole
who then argued the exceptions. Mr.. Hatch replied,
that no cause had been shown why a divorce should
be granted, and moved thai the decision given by
Associate Justice Judd be affirmed and the appeal
dismissed. After further argument by Mr.. Jones
and Mr.. Dole, the court suggested that counsel
should agree on q statement of what actually occur
red and should submit the sam to the court.
SATURDAY, JANUARY 22d.-Henry Smith VS. Ho
Sam. BY consent this case was ordered to stand over
Till next term.
J. H. Coney VS. Manele. This was q motion for a
new trial. After hearing counsel the court granted
the application. the trial to be put down for next
term.
In the matter of the estate of Joane Waio (k) de-
ceased. Appeal from the decision of Mr.. Justice
Judd, sitting as Judge 10 Probate. No one appearing
thi appeal was dismissed.
King VS. Anu. On this case being called. Marshal
Parke informed the court that appellant, Anu, had
escaped from his custody. The exceptions were
therefore dismissed.
Ekekela Goldstein vs. J. Goldstein. The court
now intimated their decision that this case was not
properly before them, and the exceptions were accor-
dinghy dismissed.
In the matter of the estate of His Late Majesty
King William c Lunalilo, the petition of j. Mott
Smith. s. B. Dole and E 0. Hall, Trustees of the
estate, asking instructions regarding the purchase
of a certain small piece Of land belonging tn the
estate of Charles Kanaina, deceased, which piece of
land is situated in the center of the Iii of Pau, which
belongs to the Trust estate, and which the Trustees
think it desirable to possess as O part of the estate.
Mr.. Dole appeared for his colleagues in the Trust,
and urged that the possession of this piece of land
was essential to the value o. the Lii Of Pau, and
stated that the Trustees had now an opportunity Of
acquiring II at a fair price. At a recent auction sale
of the Kanaina estate the land had been purchased
by Judge Widemann, who was willing to transfer it
to the Trustees at cost. The court took the matter
under advisement.
Mfr. Akaoliho was examined as a candidate for
admission to the bar and the court iutimatsd that
they would grant him the desired license, on the
production CT good recommendation and certificates
of char acter.
Before His Honor the Chief Justice.
Divorce CASE.
I'D. Holt VS. A. W. Holt (w). Mr.. i. F. Bicker.
~ annoora1 - T. hofIo II zf:-ol 49,
from the bonds of matrimony On the ground that
his wife had deserted him. Mr.. Holokahiki, on be-
b af of the respondent fled an answer admitting the
allegations of the petition. Several witnesses were
heard and judgement was reserved.
CIVIL CASE.
Kahele vs Kakai. Action for replevin of a horse.
This was am appeal from the decision of the Police
Justice of Honolulu. The parties agreed to waive a
jury. Mr.. W.. Jones appeared for the defendant
After hearing the case the Court reserved judgment.
Before the Full Court.
MONDAY, JANUARY 24th.-McGuire vs. The Union.
Fire and Life Insurance Company Of New Zealand.
Exceptions to the verdict of the Jury given on
Thursday, the 10th inst. Mr.. Preston was heard for
the defendants exceptions, and ar gued that the six
months for which the policy was granted expired on
the 9Th of June. 1880, at midnight. Mr.. HartwelI
replied on behalf Of The plaintiffs, and argued that
and through to the end OF that day. Mr.. Preston re-
piled. and the case was submitted.
Before HIS Honor the Chief Justice.
DIVORCE CASE.
7. A. NJ. Giles VS. Henry Giles. The Court init
mated a desire to hear a re statement of this case.
Mr.. Hartwell, counsel for the libellant. said that be
did not wish that the Court should grant a decree
which might hereafter be impeached, and in view of
the third section Of the Session Laws, 1870, he was
unwilling to rely upon the service made and wished
that another publication should be made. The Court
made an order accordingly and continued the case
till April.
CIVIL CASES.
Fl. A. P. Carter as Minister of the Interior VS. W
G. Parke, Administrator Of the estate of C. Kanaina,
deceased. Asssmpsit' In this case agreement h d
been made between the parties to waive the jury.
The case turned upon the effect of the Statute OF
Limitation as applied to claims by the Crown. Mr..
w. o Smith Depusy Attorney General, argued for