The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1889-03-12

Ell. -aEEg1N ~. ii. ACK-
.-e ASIDE. 4. SCuAEFER.
- q -aL-r, rErs-1N AND
S 9. q.
October Term.
Dole having been Of
.la defendants In other
tle foundation Of this
did not sit
CONT ~ PRESTON.
al action described in the
1- -l action of trespass.
declaration, stripped Of a
- unnecessary and en-
r- verbiage. states that on
] af December, 1856, an
was commenced in this
r the defendant, Alderman,
The plaintiff to recover the
1E s5aS.63. That plaintiff,
usual residence was IN san
-ez-=# was AZ that time in Ho-
-l-- and had prepared TO return
san Francisco 10y the steamer
-8- and that on the 22d De-
while 0u board said
z-- he was arrested a. re-
from said steamer by 4 con-
lib pursuance Of a warrant of
issued by order Of Mr.. JUS
1--LG-lv. upon an affidavit
~ the defendant, S-haefer,
ar observation-disclosures.
plaintiff was about to leave
kingdom. That AekeTman's
-lF1undel I'm law, and
defendant. SchGeGer. ma
esa--iving, ay unjust and
leal=- 10 cosce payment
~ ~ said unfOunded
chained said warrant Of ar
plaintiff was detained
-ae until the 3D. of January,
and aa- said suit was deter
favor DC the plaintiff.
claimed five thousand
manages.
case El- tried ac the last
before 1lr. Eustice
ana q jury when the Conrt
-e Jury u Ind q verdict
defendants on the grounds:
was NOT alleged. That
and want of probable cause
mob proved because at the
attachment there was q
r-g fv C0ngdon to Acller-
sE Tina. there being a
E- AcEerman had the right
--e statute. % issue the pro-
arrest. and that the same
governs cases Of this nature,
zz - actions Tor malicious criminal
-z--f1l viz both malice and
10 probable cause must be
~ and proved
TIE plaintiff excepted TO this d.
-- and The exceptions were
~ before MS at the January
@
l $50 u the Civil Code,
h zGr10rizes the issuing Of a
z-s@ To arrest reads Is follows:
a complaint verified by
-1e la-a ~ The plaintiff in any suit,
ID some person on his behalf, being
=- --h The Clerk OF any Court of |
~ N before any Police Court, |
kingdom stating that a de- /
i about to quit /
1 KINGDOM. II shall be lawful for |
-rL upon the filing Of the |
- rll-fter provided, 10 issue |
presses Cog The arrest and detention /
such defendant. until be shall |
entered into security, with
lraties. to abide the re-
such suit, and to pay the (
70 such Judgment as shall /
cred thereon; provided, |
--lr no such process Of
shah De issued by such 1
-E-l plaintiff. or some
Es behalf. shall have
=E-ial- bond in q reason
flr the reimbursement
@ defendant Of all damages
-s which he shall sustain in
-E11e 1E such arrest. in case
shan flll TO sustain such
1zlt5H contends that the
j. statutory, and that it was
Necessary for him to prove that
--a~- fEls malicious and with
- --1zrle cause, that it was sUf-
z-- -5 prove that the defendant
1ei at TIE trigf Of the action,
ha was arrested, and that
. ltt being a suit at COM
@ - Tor malicious arrest, the
q malice OF no malice
urt be considered, except
-1 So yindictive damages,
-le plaintiff was entitled
e-uaI damages.
J1ruJl rs. Stelrgrt a.
r Rep. 156, was relied
e plaintiff I'D support Of
Ve considered this case and
rf the learned Dis
lo decided 1t, but we
opinion that. however
such decision may be under
lsw gf tLe state of Ten
-- rnnlf.abIe 10 the