The Daily bulletin. [volume] (Honolulu [Hawaii]) 1882-1895, 1893-01-06
JUDICIAL JOTTINGS,
Peter High Gets Nominal Damages
Against Chinese Firm.

Justice Bickerton has rendered a
decision in the case of Peter High
VS.. Wing Fat Co. On Wing came to
High and asked him to figure on
window frames. They agreed on
$40 frame, Oy Wings firm Wing
Fat Coz to send a sample within
week. The sample never came and
High claimed damages in the Police
Court of S65, estimating the profit
on the lost job at S. frame on ID
of them. The Police Court found
that the suit was properly brought,
but that plaintiff was not entitled
to damages.
Plaintiff appealed to the Supreme
Court and the case was considered
by Judge Bickerton on briefs. His
Honor finds that the defendants
were partners, that a contract was
proved, and that there was breach
of contract. But, as contractor
sometimes meets a loss where he has
figured on profit, the question of
the amount of damages in case
like this is very uncertain, and the
plaintiff is only entitled to nominal
damages. Judgment for plaintiff
for S. and costs. Frear for plaintiff;
Ashford for defendants.
IMPRISONMENT FOR DISCRETION OF WIFE
UNCONSTITUTIONAL.
Judge Dole has rendered a de-
cision in the suit of Maria Comes ola
Silva against her husband, Joaquin
Comes da Silva. When the couple
married they went to live with
Joaquim's parents. Trouble not I'M
usual i'll such cases followed. The
man left his wife and ceased to sup
port her. In justification of his ac-
ton he laid much stress on his wifc's
disobedicnce to his orders. She
would actually go away from the
house without his permission. The
Court holds, however, that there is
nothing in the statutes which makes
the husband the supreme master of
the wife's movements or her guardian.
Upon being questioned in court
the respondent refused to return to
his wife. The law under these cir
cumstances authorizes the Court to
punish the offending party by i'm
prisonment at hard labor for not
more than month. Counsel for
the defendant contended that the
part of the statute providing for this
penalty was unconstitutional, under
Article II of the Constitution, an
voluntary servitude, except for
crime, is forever prohibited in this
kingdom"
The full Court, in questions re,
served in this case, agreed in render
ing the opinion that cases under
the Act to prevent married persons
from deserving one another are not
criminal in character. The Queen
does not prosecute them and the
public has no immediate interest in
such cases. His Honor declares this
feature of the law in question to be
inconsistent with the constitutional
provision cited. He finds that Sec
ton 3 of the Act in question is un.
constitutional, and, as the statute
gives no other relief in the premises
the petition is dismissed. Hatch
and Neumann for plaintiff; Whiting
for respondent.
STAY OF PROCEEDINGS.
Chief Justice Judd has ordered ;
temporary stay of proceedings il
the case of T. Il. Lucas and j. Lucas
executors of the will of Geo. Lucas
deceased, VS.. +. Ii. Redward and A
j. Lopez, garnishee. This has beer
done on the petition of Lopez, wht
swears that he owed defendant $40
on the building contract, while the
time for mechanics and matcra
mems liens had not expired, ano
, that S. G. Allen had served a mate
rial mems lien ON him for SlSS5.2 u
r Unless proceedings requiring him t.
, make payment on plaintiffs CLAIM
were stayed, he would have to pa,
, the amount of Aliens lien out of hi
, own pocket. The Chief Justice ha
, appointed Tuesday, 2ith inst, 70
> the hearing of the motion to sta.
, proceedings, j. A. Magoon for tn
/ garnshee.