The Hawaiian gazette., 1891-01-27
SUPREME COURT.
BEFORE M'cuLIY. J.

BEFORE M'CULLY, j.
MONDAY, Jan. 10.
The court opened at 1905 A. NJ.
with foreign jurors in attendance
Upon motion of defendant in the
case of D. NJ. Crowley VS.. the Ha.
waiian Gazette Co., it was continued
till January 2Sth.
BEFORE JUDD C. ].
Su Wal VS.. J.H. Soper. Plaintiffs
appeal from decision of Mr.. Justice
McCully of March 4, 1891, at Cham
bers.
AT cHAMBERs-BEFoRE BIcKERToN, J.
In re bankruptcy of Ong Chane of
Paia, Maui. Petition of Kung Hong
Chan Co. for adjudication. Ordered
that Ong Chsne be sdjudged a bank
rupt, and Monday, Feb. End, ap-
pointed for proof of claim and cleo
ton of assignee. D. L. Hnntsman
for petitioners.
In re bankruptcy of Akai, of Wal
hee, Maui. Petition of 81. Hackfeld
& Co. for adjudication. Court orders
Akai adjudged a bankrupt, and ap-
points Monday, January 26th, for
proof of claim and election of as
signee. F. NJ. Hatch for petitioners.
TUESDAY, Jan. 20.
BEFORE BIcKERToN, J.
In re guardianship of Samuel Hi
oula, a minor. Petition of the minor
for the appointment of Mary G.
Beckley as his guardian. Court or
dered that she be appointed his
guardian under $500 bond. j. M.
Monsarrat for petitioner.
BEFORE M'cULLY. j.
In re estate of James w. Smith.
Petition of Mrs. NJ. K. Smith and
Jared K. Smith, executors, for allow
ance of accounts, discharge and final
order of distribution. Ordered the
accounts be approved and executors
be discharge. w. 0. Smith for petit
tioners.
BEFORE JUDD, CD
The Court opened at 1905 AM
Foreign jury in attendance. Recess
from 1925 A. NJ. to 1:30P.M. At lao
Pm. the Court adjourned.
The case of Su Wal VS.. j. II. Soper.
from McCully, j., continued
from Monday. Defendants motion
for non-suit granted. F. NJ. Hatch
for plaintiff; Deputy Attorney-Gen-
eral Creighton for defendant.
Court sat in banco on Wednesday,
all the Justices present. Eight cases
were argued and submitted.
Maria G. da Silva VS.. Joaquin da
Silva, appeal from the order of JUS
tice McCully, who refused to grant
a separation of the parties. Rosa
for plaintiff; Whiting for defendant.
The King VS.. J. r. Gaspar, liquor
selling without license, on excep-
tons from Third Circuit Court.
Owing to the absences from the
kingdom of Messrs. Neumann and
Brown, counsel in the matter, this
case was continued over for the |
term.
The two garnishee cases, entitled |
L. B. Kerr VS.. VIM. S. Wond and |
NJ. McInerny VS.. VIM. S. Wond, |
we're, by request of the defendant
discontinued from further
hearing. These cases were on ap-
peal from the Police Court of Homo
.ulu. The garnishee in both cases
was the Minister of Finance. Messrs.
and Parke appeared for
plaintiffs; defendant in person.
j. Kila VS.. P. Kahuhu, pound
master, damage. This case is on
appeal from the District Court of
Aoolaupoko on this island. The
appeal was heard by Mr.. Justice
Dole at Chambers, who decided in
avor of the plaintiff, hence the de-
endant's appeal to banco. This
'ase touches certain alleged damage
for overcharges by the
,ound master. Castle for plaintiff;
lagoon and Kaulukou for defen-
liant.
The King VS.. William Joe and
'thers, on question reserved by MIR.
Justice McCully. Defendants were
harged with vagrancy in the Police
jourt of Honolulu. Prosecution
rgues that it being a summary case,
n appeal does not lie from the
magistrate; whereas the defendants
lain that the charge being brought
Inder the statute of 1886, an appeal
aust lie or the said statute is uncon-
titutional. The statute cited refers
0 vagrant persons found in semin-
ries without lawful excuse. A.P.
'eterson, Attorney-General, for the
|rown; Kaulukou for defendants.
In the mandamus case of T. May
nd others, trustees, VS.. His Lord
hip the Bishop of Honolulu. Mr..
latch for the plaintiffs, moved
Or peremptory writ command
1g the defendant to do that which
he decision of the Court sets
orth; plaintiffs claiming that de-
sndant has not obeyed the
rder of Court. The writ was grant
d. No appearance of or for defend
Mt. An affidavit in support of mo-
on was filed, and service of copy :
as certified to.
Tho Hill C,o,o, No,,... rr: |