The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1882-04-19
Supreme Court.

Tuesday, April 4th, Is

Tuesday, April 4th, 1882.
| The King vs.. Henry John, larceny of harness.
This was an appeal from the Police Court Mr..
| W. 0. Smith appeared for the Crown, and Mr..
John Russell for the defendant. A verdict of
" not guilty was returned, jurors dissenting.
Wednesday, April 9Th.
| KapohaIu ct al vs.. Koa, eiectment. Verdict for
the plaintiff, with 81 200 damages, dissenting.
KawiH vs.. Kahaleole, ejectment. Verdict for
the plaintiff, with $3.50 damages, one juror dis
senting Mr.. j. L. Kaulukou. counsel for the
defendent, excerpts to the verdict as contrary to
law and the evidence.
Thursday April 9Th
Luka ct al VS. Noa ct al. ejectment Mr. j. NJ
Davidson for the plaintiffs, Mr.. W. l.. Holoka-
hiki for the defendants Verdict for the plaintiff
with damages $40.
Kapiolani vs. Keaweamahi, ejectment. Mr.
Davidson for the defendant wished the Court to
decide the question of law III regard to whether
Her Majesty. Queen kapiolani had any particular
immunity to entitle her TO bring an action with
out being Joined with her husband the King
Mr. Preston, counsel for the plaintiff quotes
from LIST Blackstone, page ~, showing that the
Queen ConsOrt, could sue and be sued in her own
name.
Mr. Davidson said there was no reason why
they should adopt the rules of Feudalism, and
asked the Court TO adopt the statute laws of this
kingdom, by which the Queen alone has no stand
ing in Court.
The Court thought it was necessary to join His
Majesty.
Mr. Preston asked time to consider whether he
will amend an appeal and would let the Court
know what course he would take on the Monday
following.
The Minister of the Interior VS.. The Waihee
Sugar Co. eiectment. Mr.. Z. Preston for the
plaintiff, Mir. F. NJ. Hatch for the defendants.
Mr.. Dole filed an appearance for the Trustees
of the Lunalilo estate and also an answer of gen
eral denial. This important case occupied the
whole day. At P. NJ the jury returned verdict
for the plaintiff as prayed for in the complaint,
excepting the land of kunanahawelu, and 81
Mr.. Hatch excepted to the judges charge to the
jury, and also the verdict as contrary to the evil
dence.
In the case of Kapiolani VS.. Keaweamahi Mr..
Preston moved that the proceeding herein be
amended by adding the name of His Majesty, the
King a co-plaintiff in this action. Motion
granted.
The King vs. H. b. Rowe, selling liquor without
license. Mr.. Davidson appeared for the defend
ant. A verdict of % not guilty was returned two
jurors dissenting. The prisoner thereupon was
discharged.
The Ring vs. Lee Ping, larceny I'd degree A
verdict Of mot guilty returned in accordance
with the direction of the Court.
]. W. Gibbs vs. j. L. Wisement, assumpsit.
This was an appeal from the Intermediary Court
where Chief Justice Judd decided in favor of the
plaintiff.
Mr. W. C. Jones appeared for the plaintiff, and
blessrs. Davidson and Hatch for the defendant.
This case arose out of pool-selling last year
when the defendant acted as clerk for the auc-
tioneer and principal, d. J.. Green. The plaintiff
had purchased tickets at that sale and now
sought to recover the amount of his investment
from the defendant. Mr.. Jones called as wit
nesses IN support of his case, Messrs j. W. Gibbs,
II. n. Trip, T. Mcclellan, Il. c.. Wilson and Robt.
Robinson. Mr.. Jones argued that the person who
sold the ticket and received the money was respon-
sbe for that money. lie contended that it was
an illegal transaction from the beginning.
The Court held that the plaintiff must show
demand for the return of his own pool money.
Mr.. J. NJ Davidson called for the defence,
Messrs. } +. Graham and ). ]. Shaw. Mr. Shaw
testified that an announcement was made that the
pools would be paid off. unanimous verdict for
the defendant was returned
Allen d Robinson vs.. Quon Yon Tai, assumpsit.
Verdict for the plaintiffs damages S746.49
Waimanalo Sugar Co. VS.. A. Herbert and II.
Webb. Verdict for the plaintiff for the full
amount claimed, 500.
]. NJ Daigle vs.. Raupp d Schraeder, tort Nom
suit.
In the matter of the taxes of n Knudsen on the
Anupuaa Of KolOa, Island of Kauai 1881.
The Minister of Finance certified to the correct
copies Of the return of the Fax Collector of the
district of Koloa the property of Mrs Knudsen
and assessed to the said V. Knudsen at the value
of $4,000 in which the taxes amounted to $225
and which taxes the said V. knudsen has neglected
and refused to pay and the same have not been
paid And setting forth that no personal property
of the sand V. Knudsen can be found IN the said
district to satisfy the same.
Wherefore the said Minister of Finance prays
that Judgment be entered against the said dolin-
quent property and '. hnndsen and ms property
and that sale be oruereu 10 Satisfy the salu JUG
ment
His Honor Chief Justice Judd decided that in
proceedings of this nature, the statute must be
strictly complied with and nothing can be taken
Inv vay OF intendment. He considered an aver
ment Of demand for payment of taxes as funda-
mental. he felt constrained TO rule that ludg-
ment cannot be entered on the petition IN ITS
present shape. .:.:- A.
Mr.. +. Preston appeared for the petitioner, Mr.
A. S Hartwell for the appearer