The Daily bulletin. [volume] (Honolulu [Hawaii]) 1882-1895, 1893-07-14
COURT CHRONICLE.
What Constitutes a Right of Way
Government Contractor Not a
Beneficiary.

Beneficiary.
A right of way decision has been
rendered unanimously by the Su-
preme Court, Justice Frear formu-
lating the opinion, in the case of
Lula Kalaukoa VS.. G. Keawe. Mrs.
Commissioner, decided
that Keawe had the right of a car
riage way through the land of Ka-
laukoa. Her decision is upheld by
the Court, whose syllabus is as fol
lows
"a way of necessity, by implied
grant or reservation, was created
over one lot Of land in favor of an
other, upon the conveyance of one
by the former owner of both, the
only means of access to one being
over the other. At the time of and
for many years before and after the
conveyance, an apparent and con-
tinuous way wide enough for car
riages was in actual use and was ap-
propriate for the use of the domin-
ant estate. Held: The way implied
ly granted or reserved was the way
actually used and cannot be cut
down to foot or horse way by the
owner of the servient estate without
the consent of the owner of the
dominant estate"
w. A. Kinney for plaintiff; ]. X.
Kaulia and j. M. Kaneakua for de-
fendant.
Justice Bickerton has framed the
unanimous opinion of the Supreme
Court on plaintiffs motion to re-
strict order of new trial, in Hawai-
X. George vs.. Hanakaulani Holt.
The syllabus reads as follows:
Gan opinion was filed by this
Court ordering new trial. Plain
tiff's counsel moved the Court to re-
strict the order for new trial to only
one issue, and also claimed that a
remittitur or remanding order was
necessary before the case could go
on the calendar. Held: That the
Court had power to restrict the new
trial to certain issues, but the exer-
else Of that power depended on the
circumstances of the case. That
there was no rule or statute
which required a remittitur or re-
manding order to be made, before
the case could be placed on the trial
calendar"
The motion is denied A. S. Hart
we'll for plaintiff; A. Rosa and G. w.
Ashford for defendant.
Justice Bickerton has rendered
the unanimous opinion of the Su-
preme Court on James Morse ct al.
VS.. j. r. Robertson; Minister of the
Interior, garnishee. Plaintiffs sued
defendant in the Honolulu District
Court for $500 due them for work
done by them on the Waimea bridge,
Oahu, at the request of the defend
ant, who had contract to build the
bridge for the Hawaiian Govern
ment, and they served a garnishee
process on tae Minister of the In
terror, the Government being in
debted to defendant on account
of the bridge. The District Court
gave judgment for the plaintiff
for S225 and costs, but found
| that defendant was not beneficiary
of the Government; hence the
garnishee was discharged. The case
came to the Supreme Court on a
point of law, viz, whether or not
the defendant is a Government
beneficiary under Chap. SO, Laws of
1902" The Court finds that the
defendant was not Government
beneficiary under the Act in ques-
ton, which is limited to person in
receipt of a salary, stipend, wages,
annuity or pension. The ruling of
the lower Court was correct and
must be sustained. The appeal is
dismissed. A. Rosa for plaintiffs;
Attorney-General w. o. Smith and
j. A: Magoon for defendant and
garnishee.
Alexander G.. M. Robertson, Ha.
waiian subject, who has pursued the
study of law at Yale for two years
petitions for license to practice il
the courts of the Hawaiian Islands
His examination is taking place this
afternoon.
A motion to rescind the order o.
bankruptcy of Chun Wa Sing, made
by j. A. Magoon on behalf of credit
ors, was over-ruled by Judge Whit
ing at Circuit Court chambers.
Judge Cooper ordered the dis
charge of M. McInerny as admins
TRAITOR of the estate of the late II
w. Mcintosh, on his payment O
one-third of the balance in hand t.
the widow, and two-thirds int
Court, on account of three mino
children. Receipts, $3S2l.55; OK
penses, !$49998.. The widows shar
is $llO7.19, and the children's $22l4.
2S