The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1893-04-11
COURT MATTERS.
TUESDAY, April 4.
DECISIONS.

filed an opinion (by Frear, j. in the
case of A. NJ. Mellis VS.. A. K. kunui
akea. The action was founded on
Judgment of the Police Court, rem.
dered January 5, 1885. 1t was begun
in the Police Court in October, 1892
and appealed to Judge of the Su.
preme Court sittiug at chambers, who
sustained a judgment in favor of de.
fendant. The plaintiff appealed to the
full Court, on the ground that the
judgment was contrary to the law
and the evidence.
The only question for the Court
was whether there was evidence suffi-
cient in law to sustain the Judgment
appealed from. The full Court does
not review the findings of fact. The
evidence adduced at the hearing be-
low was contradictory, but there was
enough upon which to found a iudg-
ment for defendant. The appeal is
therefore dismissed.
The full Court has also rendered a
decision in the case of Jos. Nawahi
and wife VS.. Jas. X. Kekaula. Frear,
j., being disqualified, his place was
taken by Judge Whiting, who rem
dered the opinion of the Court.
The case is an appeal from deci-
sion OF case in equity before the
Chancellor, being a bill for an account
aud injunction pending the account.
The account was rendered and the
Injunction thereupon dissolved. The
plaintiffs then appealed.
The Court find that the evidence
given in the Court below was suffiei-
cient to Justify the decree, which is
accordingly affirmed.
Judge Whiting has filed decision
in the matter of the estate of Keoni
Kuhiau. The widow. minor child
and Kaomea, devisees, move for the
payment of an allowance for their
support out of the funds in the hands
of the Court. Granted as to Kao
mea, but denied as to the widow and
minor.
A decision has been rendered by |
Judge Cooper in the case of Charles
Wilcox VS.. d. Keaweamahi and wife, |
being a bill in equity for specific per
formance of contract for the sale of
real estate. The facts in the case
were somewhat complicated. The
plaintiff bought land of the defend
ants and received a deed therefor
which he claims conveys less than he
bought. The Court finds that the
land conveyed was the same as the
land bought, and therefore dismisses
the bill with costs. As the deed is
defective, however, the Court orders
defendants to file a good and sufici-
ant deed within five days.
An appeal has been perfected by
Ah Hum from the decision of Judge
Whiting previously reported, hold
ng him liable to prosecution under I
he Gaming Act of 1856 for main !
aiming lottery
In the case of Kahue, a deceased j
lepositor In the Postal Savings
Bank, Judge Whiting has under an I
Act of last session awarded a sum of '
money less than 500 share and t
hare alike, between Kaluaahini and
kalua. sisters of deceased. t
In the equity suit of Gum King c
$. Kaluna and others, Messrs. Kau,
ia and Kaneakua, counsel for de- a
endauts, have filed a motion that s
be injunction issued be dissolved, b
nd Judge Whiting has appointed V
londay, 10th inst, for hearing. t
j. Nj. Davidson, counsel for de- Q
sndant in Pun Gee VS.. Loo Chez, il
as filed a bond, intending to ap- V
cal from the decision of the Dis il
let Court in favor of plaintiff on n
[arch 18th. s.
The mandamus case, in which Il
Lagistrate j. H. S. Kaleo is required S
} show cause for not certifying up
le appeal of Serene from convic
ON for selling liquor unlawfully, T
as argued and submitted before :,
10 Supreme Court this morning. ff'
l.. Creighton for the petitioner; At 1t
rney General Smith for respon- p'
int. 81
Judge Cooper heard the accounts
j. Nj. Dowsett, executor of the es-
tie of II. NJ. Sillman, this
ornIng. They show receipts of
'O9.15 and expenses Of $3.50 45. An
ventory was also filed showing
operty valued at about $1,000
ne investments amount to $500.
ne accounts were allowed.
The presiding Judge for the week
ooper, J.) has ordered judgments
tered by default in the following
suits now on file for trial
the next May term of Court, de-
ndant having failed to file answer
thin the prescribed time: Levers
Cooke VS.. Samuel Parker, F. Viii
I'm VS.. Samuel Parker, and E. c.
I'VE VS.. Samuel Parker. These
Its are based on material mems
ns. A. S. Hartwell for the several
lintiffs.
THURSDAY, April 6.
n the case of j. S Walker vs.. A
Peterson and others judgment was
cred by default on the ground that
answer as required by statute was
d. The defendants excepted ON