The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1891-01-15

OPINION OF TIE COURT FEB JUDD. C. :.
We have carefully examined the
decision of Mr.. Justice Dole in this
case rendered on the I'd of October
last. and after due consideration are
of the opinion that the same ought
to be affirmed, and we hereby adopt
and affirm the same.
The Plea in Abatement is over
ruled and the defendant must an
swer in ten days and the cause put
on the calendar for trial at the next
term.
w. A. Whiting for plaintiff, Ash
ford and Hatch for defendant.
Honolulu, November Is. 1890.
DECISION OF DOLE, J., APPEALED
FROM
The plaintiff brought this action in
assumpsit as the administrator of
the estate of Chun Lung. deceased,
intestate, and the defendant fled his
plea of abatement as follows:
And now comes said defendant,
S. Ahmi, specially appearing, and
shows:
l. That said j. Alfred Magoon is
not in law or in fact the administra-
tor of the estate of Chun Lung and
has no legal authority to sustain this
suit against this defendant for the
following reasons, namely:
(a) The petition for the appoint
ment of said Magoon as such admin
istrator did not, and does not set
forth or allege the death of said
Chun Lung as by law required,
wherefore all the proceedings upon
or in pursuance OF said petition were
and are ultra cirs of the Court and
without its jurisdiction.
(b) That the order for q hearing of
and upon said petition and of pub
lication of notice of the same does
not appear to have been, and was not
made by said Supreme Court, or any
Justice thereof, or by any person
thereunto by law authorized.
(c) That no order, decree or iudg
ment has been made or entered or
signed by said Court or by any JUS
tice thereof, or by any other person
thereunto by law sthorized, consti-
tuting or appointing said j. A Ma
COON, such administrator as afore-
said.
Wherefore defendant prsys that
said action may be abated and said
complaint be dismissed, aud for
Judgment whether this defendant
shall be required to make any other
or further answer thereto"
1t appears by the record in the
matter of the estate of Chun Lung
that G. Along, the father Of the de-
ceased, petitioned the Court that let
tiers of administration be issued to j.
A. Magoon, the plaintiff herein,
which petition is entitled, In the
matter of the estate of Chun Lung,
deceased" and alleges as follows.
" The petition of c. Along, father of
the said Chun Lung, intestate, de-
ceased. respectfully shows to this
Court that the said (blank spacel
died on or about the 11th day of
August, A. D. 1889. being at the time
of his death resident of Honolulu.
and leaving estate within the juris-
diction of this Court, etc. Although
the petition shows great careless
ness in drafting, it substantially al
leges the death of Chun Lung at the
time and place given. No one read
ing it can fail to understand. and
that without guessing, that such is
its meaning. The title describes
Chun Lung as deceased, and the
petition opens with a further des-
cription Of him as deceased and in
testate. and there can be no doubt
that the allegation of death refers TO
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 order for
hearing of the petition for letters OF
administration was not made by the
Supreme Court OK any Justice
theIeof, or anyone thereto legally
authorized. / find that the only pro
vision for such orders of hearing il
in Rule of Court Nc. Sc. division
G.. which provides that, No APP
l,,oirtmant Of an administrator n,