The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1888-01-10
supreme urt-January Term, SO,


iourned, it being public holiday.
TUESDAY, January Sd.
CHEF JUSTICE JUDD PRESIDING, WITH JUSTICE
BICKERToN, ASSOCIATE.
Lo Kwonc VS.. Kan / See. Case. A.
Rosa for plaintiff; P. Neumanu for defend
ant. Arguments heard and decision re-
served.
CHIEF Justice Judd excused himself for
short time, leaving Sir. Justice Bickerton
presiding.
The King vs. F. J, Testa. Libel Attorney
General for the Crown; A. Rosa for de-
PENDANT.
The Attorney-General declined to present
the indictmeut before the presiding Justice,
as not having a constitutional right to hold
office, and consequently without jurisdiction.
The question Of jurisdiction was reserved,
and referred TO the Court in Banco.
IN BANco.
Present-Chief Justice Judd, First Associ-
ate Justice McCully and Second Associate
Justice Preston.
The question raised in the case of The
King vs. Iesta, by the Atorney-General in
volving the cunstitutiona!ity and validity of
the Act OF the Legislature, approved Novem-
Der 20. 1887, by which the Act of 1886, pro-
viding for Third and Fourth Associate JUS
tices, was repealed, was submitted and ar
gued.
"WEDNESDAY, January 4th.
IN BANCo.
Present, Chief Justice Judd and Associate
Justices McCully and Bickt rton.
On the question of jurisdiction reserved
yesterday 10y Mr.. Justice Bickerton, in the
case of The King VS.. f. j. Testa. written
decision Is read by the Chief Justice declar
ing the Act of November 26, 1887, unconstitu-
tional Associate Justice McCu,ly and Bick-
erton read their opinions concurring with
The Chief Justice
Five Justices are declared a constitutional
organization Of the Court. Mr. Justice Bick
erton resumes his seat on the bench. Mr.
Justice Dole is then invited by the Chief
Justice TO take a seat on the bench which
was done.
The trial of the libel case. The King VS.. F.
]. Tesla, is set for Thursday.
In re Victoria Forbade, an infant. Peti-
ton 20 annul marriage. Appeal of Pedro
Fernandez, the respondent, from a decision
Of Chief Justice Judd at Chambers overrul-
ing his demurrer. Argued and submitted.
Kane vs.. Nakaleka, appellant. Exceptions
from October Term. Smith d Kinney for
respondent, Neumann for appellant.
w. G. Parke VS.. Ami and Alau, appellants.
Writ Of error. After argument of counsel
upon plaintiffs oral motion TO quash the
writ the Court takes the matter of the mo-
ton under Amusement. c. Creighton for
plaintiff, c. w. Ashford for defendant.
hanakanul ct al, appellants, VS.. Leslie.
Bill to set aside Plaintiffs appeal from
Judgment of Cbisf Justice Judd at Chambers
In favor of defendant Diminishing the bill .
Argued and submitted. Achi for plaintiff,
Hatch for defendant.
THURSDAY, January 9th.
CHIEF JUSTICE JUDD PRESIDING.
The King VS.. F. j. Testa. Libel. Defen-
dant is arrai9ned and files a demurrer Ar
gued and decision reserved. Attorney Gen
for IL A Hafa
G. W. Kainoa VS.. G. w. Keaweamahi.
Tort. Appeal by defendant from Police
Court, Honolulu. The respective counsel
file a discontlnuance. W. II. Castle for
plaintiff; w. C. Achi for defendant
Estate of Manae. Appeal of Kahalewai.
Appeal dismissed.
The King VS.. Ali Sam; the King VS.. Lee
Wo Yin; the King VS.. Lum Hung. Sell
opium. Appeals from Police Court, Homo
lulu. The Deputy Attorney General enters
nolle prosequi in each case which is allow
ed by the Court. Smith d Kinney for de-
PENDANTS.
The King VS.. Chun Lung. Selling opium.
Appeal from the Police Court, Honolulu
The Dtputy Attorney General enters a nolle
prosequi which is allowed by the Court. No
appearance for defendant.
The King VS.. Koakano. Selling spirituous
liquors without license. Appeal from the
EOLCG OOuElt F1OUOlulu. before a HAWAIIAN
jury. Deputy Attorney-General for the
Grown; s. K Kane for defendant. Found
guilty and sentenced to the same fine as in
the lower court, $125 and costs.
AT CHAMBERS.
BEFORE JUSTICE BICKERroN.
Bankruptcy of Daniel Lyons Application
for discharge from debts. Ordered that the
bankrupt be discharged from debts upon
complying with statutory obligations. Wv.
Ashford for petitioner.
CHIP JUSTICE JUDD PRESIDING.
FRIDAY, January 9Th.
The Court opened at 1905 a. m.
J. 0kuu VS.. J. NJ. Kaiaikawaha. Replevin.
Continued, on motion of plaintiff. until to-
morrow. Rosa for plaintiff; Kinney for de-
PENDANT.
Minnie K. Miller VS.. Christopher K. Miller.
Divorce. Ordered that statutory publication
OF summons be made. and the case con-
tinued for the term. Creighton for plaintiff.
S. X. Kahai ct al. vs. Mary sylvia Rose.
Irespass on case. Verdict for the plaintiff,
allowing SIS damages. Exceptions were
noted aud motion made for new trial.
Achi for plaintiff; Kinney for defendant.
CHIEF JUSTICE JUDD PRESIDING.
SATURDAY, January 7th.
]. Okuu vs.. J. w. Kaiaikavaha. Con-
tinued from yesterday, and further continued
until next week.
The King VS.. Alb Tuck. Murder. Paul
Neumann is appointed by the Court counsel
for the defendant. The defendant is indicted
and pleads not guilty.
The King rs. Kanisni. Larceny. Appeal
from the Police Court, Honolulu. Nolle
prosequi entered.
AT CHAMBERS.
BEFORE JUSTICE PRESTON.
Estate of VIM. Kuaaka. Application for
administration. Counsel for petitioner asks
for continuance to the l4th. Granted.
John Chillingworth ct al. VS.. Lindsay ct al.
file dsmurrers.
Kahula ct al vs. Olivia Kolua ct al. Upon
defendants filing answer, the Court sets Fri
day, 10th instant, for hearing the merits.
Makalei ct al. VS.. Himeni. Contempt.
Partly heard. and continued to the sd.