The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1893-04-11

oES1oN Or EE CURT FEz =CDD. C. J
Section IIoe q the Civil Code 8:
amended (CoupiIed Laws, PIP 3
and 81 makes L incumbent upon !
defendant served with s SUMMONS II
81 scticu CT s E9uldsted demand &c
lie either & demurrer OF Al answer
6s-vine the facts - Provided that II
81 cases where the defendant i sued
ss the usker. drawer. acceptor OF
e-5crssr OF gry bankers check. pro
r,isscrv note. bill OF e1chsnge, or
other negotiable security, 5s stE55 1gt
BE- --rrsE 70 file IN answer VI
Isa he shall file Herewith 81
SE6svit made by himself Or
b some psrsou cogulzant OF the
fscss. On hss behalf. that the defend
ant bzs 6 good defense 30 the action
q The merits. s-G Stating some sub
s-s--ial ground OF defense 20 the
aston. I such zcsIon be commenced
within 81 months after the Dis
hocdr q the instrument on which
the action i brought
In The case before u the seton l.
OF s prCuIssory note dated October
- 1881. for $500 signed BY de
fsrdsu- Petersen and nine others
payable % the order O John F
Bower. trustee. sII months after
date. with interest a. one per cent
Der month. upon the payment OF
Which Bowler was 70 assign % the
makers the mortgage upon the
Elele7 newspaper plant Ihe note
Ess endorsed b. Bowler 70 plaintiff
The Suit US brought October II.
9S92- and al the defendants we've
served On the 4th November. 1892
The 5etecdzuts' attorney fled with
the clerk 8 psper as follows: IN
The Supreme Court OF the Hawaiian
Islands January Tern 1888
John : Walker V 4 P Peterson
ct al DESCENDANTS answer And
nov cone the defendants by their
'srturrsy and deny the truth q each
md every allegation n plaintiffs
-couplz1rG contained (Sig) i z.
Petersen and tie names Of al the
--6efecdscss by their attorney 4 P
Petersen H1r0IulC- H L, Nov. I.
Ise2
Il the February Tern. 1888, Ct the
Circuit Court First Circuit. 70 which
the case cane by the Act 10 rscrgan-
lzs the Judiciary Department CT the
IItL day q February counsel for
plaintiff having given written notice I
&c defendants, counsel u his IEteu-
tl1o 50 70 Do applied 70 the Court for
judgment b. default On the ground
that 10 answer had been fled g by
tie statute II such case made and
provided The notion was heard o.
TIE z5th February The notes Of (
proceedings b. the clerk say that /
the Court grants tie motion on the /
ground that 10 answer had been fled 4
II accordance with law and the 4
p1rporred answer / ordered I
stricken from the record L |
certificate signed By the clerk. /
ard dated the sane day. l. Oh 1
1ile % The effect that 10 answer &C 4
cording 70 the statute II such case
made ard provided has been fled II 1
the ca1se, and that It appears By the
return q the Marshal that each Of 4
TIE Defendants has been personally 4
served EIth E copy Of the suuucus. 4
ard that more than twenty days have
elzpsed slucs service and 10 answer 4
complying with the statute has been
fled by any OF the defendants The 4
order declaring defendants II de I
fzzlt- signed b Circuit Judge Viii
ting i dated the same day aud recites
that Il appears By the certificate OF 4
the clerk made ard fled this day.
that the defendants ara II default 4
and thai 10 answer BY ole OF either
Of then has been fled q by the Sta
tute II such case made and provided.
ard Il appearing that plaintiff claim
/ based OF q prouis=ory nCts made
b. defendants, Il orders sdiudges
and DEGREES the defsUdznts 70 Be II
default. and refers to the clerk the
assessment q TIE AMOUNT OF tie
plaintiff : elsim-prILcIpal. damages
and Interest-End to enter Judgment
ttereupon with costs
To this the defendants took e1eeu-
uous Il i urged upon u II support
OF the exceptions that the proceed
ings we're irregular and should d set
aside. b@cs1se "a z-szrsT rga fed with
II tEe1ty day= and th= clerks certIh
cate l. defective ard IN rue II stating
tnst o. aE=Eec Wa fled l. should /
have sad that the answer fled vas
lot EcclLlp panied % q szdsvIE set
tug oGE :, IL sGh- = ltlal ground If /
defeu-e- M1reoTzr- thar the oEdzE
declaring defeLdz1t- iL default vas
usdA before tne 81 c.If--l z1=EeF vas
1r3erei 70 be =trlcE from The flz=
We D. u0t regar1 TILL position a.
souEd l. TIE clerk minutes would /
Indicare ttst the u % fDr defa1ll
vas granted before tie sEsEeE w.
lrdzEed stKick=l from TIL hi==- thu
szuEot IuD1Eu IL record itself
Which consists Of til Certificate Of IT,
.Ierk that Il sl=FeE . required b [
statute va fled md tue order f.