The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1888-08-08
JUDICIAL DECISIONS.
Martin VS.. Kerr-Ahin VS.. Widemann-
KeamaIu VS.. Lnhau-KanOelehuaV VS..
Cartwright.

! A banco decision by Justice Preston
was filed August 9th, i'll the appeal from
the decision of Justice Dole overruling
| defendants demurrer in Martin vs..
Kerr. The Court objects to the practice
| of amending declarations by inserting
| words in many places, recommending
| that where there are several amend
ments an amended declaration should be
! filed. The plaintiffs declaration is
sharply criticised in this matter, for it's
undue length, verbosity and irrelevance.
is concluded that the only matter to
be gone into on trial is the allegation Of
wrongful dismissal OF plaintiff after serv-
ing nine months on a contract for twelve
months The order everything the
demurrer is affirmed and the appeal dis
missed, but, as the Court has had con-
siderable doubt upon the matter, there
will be no attorneys fees allowed in the
COSTS" Signed by Chief Justice Judd,
Justices McCully, Preston, BickertOn
and Dole. Ashford & Ashford for plain
tiff; A S Hartwell for defendant.
The decision of the full Court, without
dissent, by Justice Preston, was filed on
the 9TH inst, in Ahin VS.. Widemann, in
error. This action was begun in June, '87,
to recover moneys paid by defendant in
error for the use OF plaintiff in error with
interest. Being jury waived at the
October term, it was heard by Justice
Bickerton in December, when judgment
was rendered for the defendant in error
On the 21st of June Justice McCully
granted an application by the plaintiff
in error for writ of error. The case
was placed on the calendar of the July
term and argued. The Court finds now
that case tried by Justice without a
jury is tried by the Court, and that no
Court can issue writ of error against
itself. For reasons set forth at length
the Court care of opinion that writ of
error does not lie in the case at bar"
Further, they cannot find that writ of
error was issued in the case. The JUS
tice ordered a writ to issue, but the at
torney for the plaintiff in error took no
further step. 1t is not the duty of the
Clerk of the Court to prepare and issue
such writs. The attorney of the party
should prepare it and see that it is
issued. This cause was Improperly en-
tered on the calendar and was never
properly before the Court. Had the
Courts attention been drawn to this
circumstance, it would not have heard
the argument; but they have thought it
duNISdOIS " give CLIIo OpIuIOI1 81 CIIdG
parties may be saved unnecessary ex-
pense in future. "All the proceedings
in connection with this application must
be set aside and the order for the writ
be vacated the plaintiff in error (Ahin)
must pay all costs of the abortive pro-
ceedings." III. n. Castle for plaintiff in
error; w. A. Whiting and j. NJ Mon
sarrat for defendant in error.
The full Courts unanimous opinion
by Justice Bickerton was filed on the 9TH
inst, in the case of Keamalu VS. Luhau
ct al, ejectment. 1t is reviewed on de-
fendant's exceptions to the verdict, and
the decision is "The exception to the |
verdict as contrary to the law and |
weight of evidence must be overruled, |
for We find the verdict is fully sustained |
by the law and the evidence" F. NJ. |
Hatch for plaintiff; w. A. Kinney for |
defendant.
In d. w. Kanoelehua vs.. A. j. Cart |
wright, trustee of the estate of Emma |
Kaleleonalani-bil in equity to declare
and execute trust-the decision of the |
full Court was filed on the 9TH inst, |
upon an appeal of defendant from decree |
of Chief Justice Judd. The opinion of |
the Court dissents from the grounds of |
one finding, but concludes GO This view |
is an additional ground for the decree at |
Chambers, for We support the decision |
appealed from in all other particulars. |
The appeal is dismissed" w. c.. Achi |
for plaintiff; w. A. Kinney for defen- !
dant.