The Hawaiian gazette., 1891-01-20
DECISION OF DOLE, J, APPEALED
FROM

DECISION OF DOLE, J, APPEALEI
FROM
The plaintiff brought this seton IL
sssumpsit as the administrator OF
the estate OF Chun Lung. deceased
intestste, and the defendant fled his
pleE of abatement as follows:
And now comes said defendant,
S Ahmi. specially appearing, and
shows:
/. That said J. Alfred Magoon Is
not in law or in fsct the administers
tor Of the estate of Chun Lung and
mas no legal authority TO sustain this
suit against TINS defendant for the
following reasons, namely:
(s) The petition for the appoint
ment OF said AIsgoon as such admin
isuator did not, and does not set
forth or allege the death Of said
Chun Lung IS by law required.
wherefore all the proceedings upon
or in pursuance Of said petition were
and are sltra ein& OF the Court and
without Its jurisdiction.
(b) That the order for 6 hearing of
snd upon said petition and Of pub
hcstion Of notice of the same does
not appear 10 have been. and was not
made by said Supreme Court. or any
Justice thereof. or by any person
thereuntO by Jaw authorized.
(cl That no order. decree or judg
ment has been made or entered or
signed by said Court or by any Jus
tiee thereof, or by any other person
thereunto by law sthorized. consti-
tuting or appointing said J. i. Ma
gOOn. such administrator as afOre-
said.
Wherefore defendant prays that
said action may be abated and said
complaint be dismissed. and for
judgment whether this defendant
shall be required 10 make sny other
or further answer thereto"
1t appears by the record IN the
matter OF the estate Of Chun Lung
that c. Along, the father OF the de
ceased. petiaoned the Court that let
ters of administration be issued 10 J.
a Msgoon, the plaintiff herein.
which petition Is entitled. In the
matter Of the estate Of Chun Lung.
deceased" and alleges IS follows:
= The petition Of c. Along. father Of
the said Chun Lung. intestate. de-
ceased. respectfully shows 10 this
Court that the said Cblank spseel
died on or about the 1Ith dsv Of
August. 4. D. 1882, being at the time
Of his death resident Of Horolulu.
and lesEing estate within the juris-
dictlon of this Court, etc. Although
the petition shows great careless
ness N drafting. Il substantially al
leges the desth Of Chun Lung at the
time and place gwen No one Rad
ing Il can fan 70 understand. and
that without guessing. that such i
It's mesning- The title describes
Chun Lung as deceased. and the
petition opens with further des-
cnptlon Of him as deceased snd in
testste. snd there can Be 10 doubt
that the allegation OF death refers 10
him and no one else
Upon the second reason given IN
the plea against the VALIDITY Of the
plaintiffs appointment as admins
traitor, that Is, that the or6er for
hearing Of the petition for letters Of
administration was not made by the
Supreme Court OF any Justice
the1eoz, or anyone thereto legally
authorized. tind that the only mo
vision for such orders Of hearing Is
IN Rule Of Court No. 36. division
C. which provides that. No ap-
20lntment Of an administrator or I
executor, except Of 3 temporary /
administrator. etc. : shall
Be msde except On sufficient notice
Of the matter 70 Be heard ard OF the
tine ard place Of hearing and
: Notice OF hearings On the appoint
Dent Of executors OF administrators
shall be given by publication IN
such newspapers or newspapers Is
he Court nay order for three sue
sesslve weeks. etc. Ire gist Of this
Is - 7SriszSS q Esfics- The
lefeDdant's point Is that the notice
Ehich vas nsde. being only signed
y one Of the clerks, IN tins case BY
be deputy clerk. : invalid Section ]
90 Of the Civil Code says. the Clerk s
I the Supreme Court shall have