The Hawaiian gazette., 1885-08-26

bsToFt gNnu. L. -. cl Atg ava tGfSf9Nsl. y. tjlN-
ioH Of the Court By Preston =.
This case comes up on 4 billof exceptions TO
the rulings of the late Mr.. Justice Austin on
the trial of this cause before foreign jury at
the last April term.
1t is an action of ejectment and the plaintiffs
claim that the defendants, nine in number,
''havo nDjustly and contrary to law and the
rights Of the plaintiffs taken into their possess
sion and converted 70 their use and occupation
all that land situate in said Honolulu awarded
| to one hiha by Royal Patent No. lll9," and
the plaintiffs state their little TO be term Of
ten years by virtue Of lease dated March 9th,
| lss5, from Paona and others to the plaintiffs,
1.-THE term betty ten years from 2sth January
last)
The plaintiffs claim restitution of the prop
erty with damages for It's detention and lay
their damage at FIVE hundred dollars.
The action was commenced on the 18Th Of
March.
The plaintiffs obtained a default for failure
to answer, which was Afterwards on the 9Th
April, vacated on the motion Of Mr.. Hartwell,
on behalf Of The defendants, Hee Ping and
Chung Tai Hoon aud of Mr.. Thompson on be-
half Of Kun Chez.
Chulan & Co. were admitted TO defend as
| the landlords or employers Of Hal Ping and
Chung Tai HooB, claiming 10 be entitled to
part Of this land under lease from Kaanaana
| an alleged tenant for life.
The other defendants claimed to hold the
remainder of the premises under another lease
from Kaanaana.
At the trial it was proved that the lessons Of
the plaintiffs were the heirs at law of Kiha,
the patentee.
That Kaanaana. the alleged tenant for life,
died on the trEenty-nin1h day OF January last.
That the defendants, Chulan and Co, were
in separate possession by their servants, Hee
| Ping and Chung Tai Hoon. Of the portion "a
I land comprised in their lease, being part OF
the premises claimed, aud there was a fence
between Chulan q Co. lot and the rest Of the
land.
1t was also proved on behalfof the plaintiffs
that Chulsn & Co.'s lot was worth S45 per
month and the residue SEQ per mouth.
At the conclusion Of the plaintiffs case the
defendants, Hee Ping. Chung Tai Hoou and
Chulan & Co, moved FOR Judgment on the
| ground that the declaration was against them
jointly with the other defendants, while the
evidence showed a several occupancy Of two
several lots under two seperate leases, with
no joint occupancy or joint wrong, and duly
excepted to the refusal OF the Court 10 grant
such motion.
The Court tbereupon ordered that the plain
| tifIs might discontinue as to damages against
all the defendants but Hee Ping and Chung
Tai Hoon and Chulan & Co.. which disconiin-
uance the plaintiffs fled and the defendants
mentioned duly excepted.
o. the argument, Mr.. Hart well for his clients
urged that the Civil Code, Section il4l did no,
allow Of the ioindsr Of several defendants as
in this case, for each was liable only for deien-
lion Of the several lots held BY him.
The Court was referred 10 NtTylyvs. Cum
| par, 80 Mich. Il; ,jokisSos vs.. Hapes. Johns.
al; Chitty on Pleading, vol. l, p. sc: Pom
1 eroy's Civil Remedies, Section 2s2: and 10 the
following passage in the judgment OF the Court
III foSgate VS.. HssikiS'cr Co., 9 Barb. 29s:
when the possession is several, each rely
ing on separate title and separate defence, il
would be just proper to sue half dozen
oeiendnnis on as many promissory notes as TO
allow hiu TO proceed against half dozen ten
ants Of IS many pieces of lail,ln
Mr. Kinney for the plaintiffs:
The defendants motion was too vide. bsipg-
for an absolute Judgment, that surprising tie
defendants contention to be correct he should
have asked for nonsuit, and he submitted
that by the weight Of authority there was no
misjoinder.
He cited IFlife vs.. Pickering. II SER. and
R., 4s5.
Eisser vs.. Hsp6HTgl, IS y. Y, 81
Jackson Ts. Hoods and others. 5 Johns. ZIG
On this exception we think the plaintiffs
conieuiion is correct.
The defendants we're not entitled to have
Judgment entered for them absolutely.
The case Of JackSsH VS.. Hazsn, Is explained
By keni, G. J., in the subsequent csse Of jack