The Hawaiian gazette., 1888-10-23

plaintiff for 81 800. Defendant excerpts
to the verdict and gives notice Of motion
for new trial
J. S. Martin VS.. L. B. Kerr. G. w.
Ashford and V. V. Ashford for plaintiff;
A. S. Hartwell for defendant. As
sumpsit, 81 900, for balance OF salary on
alleged yearly engagement which was
broken. The following jurors are sworn: :
A. Gilfillan, H. g. Crabbe, Chas. Lucas,
w. E. H. Deverill, Ira A. Burgett, John
A. Spear, Harry Armitage, j. II. Hare,
w. D. Atwater, W. F. Bates, Geo. E.
Howe and G. H. Nicoll. On plaintiff
resting Mr.. Hartwell orally moves for a
nonsuit on the ground that plaintiff did
not accept the proposition of the de-
fendant when made on April 5, 1887
The Court declines to instruct the jury
in accordance with the motion. After
defendant presents evidence, also plain
tiff in rebuttal, at 80 p. m. Mr.. Hart
well addresses the jury, and at :43 Mr..
V. v. Ashford does likewise At 4 :54
the Court charges the jury, who at :03
retire to consider their verdict, and at
100 return with a verdict for the de-
PENDANT. Plaintiff formally notes an ex-
ception to the verdict as contrary to the
law and the evidence. The jury was
then discharged, all jurors informed
they would not be required to attend be-
fore Monday morning, and the Court
adjourned for the day.
SATURDAY, Oct. 20.
The Court opens at 1906 a. m. Noon
recess from u m. till 80 p. m.
Law Division. Kuanalewa ct al.
versus Kipi ct al c. Brown for plain
tiffs; w. o. Smith for defendants.
Ejectment. On the 18th instant
verdict was given for plaintiffs, two
jurors dissenting, and defendant ex-
cepted thereto with notice of motion for
a new trial. The motion filed 18th inst.
for new trial is to-day argued, and
granted providing plaintiffs do not file
disclaimer to an undivided one-eighth of
the land. Defendants note exceptions
to the ruling. Plaintiffs forthwith file
disclaimer-that is, Namokueha dis
claims the one-eighth (undivided) OF the |
land awarded by the verdict.
Divorce Division. A. NJ. Kahananui |
vs.. B. H. Kahananui. c. Creighton and |
V. V. Ashford for plaintiff; A. Rosa for
defendant. Trial occupies all the rest of
the day.
MONDAY, Oct. Is.
AT CHAMBERS = BEFORE MR.. JUSTICE
PRESTON.
Probate Division. Estate Manuel Vim
cent, deceased. Petition of H. Hackfeld
& Co. for administration. w. A Whit
ing for petitioners. Ordered that letters
Of administration issue to j. F. Hackfeld
under $4,000 bond. The deceased was
zilled by falling tree at Makawao,
Maui, on the 18th inst. He was store
keeper doing business at Kaluanui, Ma
lawao. Deputy Sheriff Chillingworth,
It the widows request, had taken charge
i the property to await instructions from
he creditors, meeting of whom at
dessrs. Hacktelds' resolved upon taking {
for settling the estate in pro- I
,ate.
FRIDAY, Oct. 18th. !
Law Division. Bankruptcy R. w. I
.aine. Hearing on the assignee's ap- I
lication to pay final dividend and for r
is discharge. Present, A. j. Cart
right, the assignee, no one appearing !
} contest. The Court examined and
pproved the account, authorized the a
ayment of final dividend of 2O1a per a
emit, and ordered the assignee's dis a
barge and his bond cancelled upon g
ling the creditors receipts. a
Manuhoa (k) VS.. Ako (Ch.) VIC.
chi for plaintiff; w. R. Castle for de-
ndant. Ejectment, jury waived. The
nd in question is tract of 20S 2-3
res at Puukala, North Kona, Hawaii. \
caring not concluded. ~