The Daily bulletin., 1893-04-12
COURT CHRONICLE.
Two Decisions Rendered by the Full
Supreme Bench.


Hattie X. Hiram has been APP
pointed by Judge Cooper as guar
dian of Flora X. Hiram, a minor,
under 800 bond. G.. Brown for re-
firing guardian, G.. Bolte; Charles
Creighton for Mrs. Hiram. guardian.
Judge Cooper has made an order
in the case of Ramos VS.. Ramos, al
lowing the mother to visit the child,
heretofore adjudged to remain in
custody of the father, on Mondays,
Thursdays and Sundays for an hour
each day. 1t is said that the people
of the house where the child is kept
will on no account allow the woman
to enter their premises.
Judge Whiting to-day refused
to grant the writ of habeas corpus
to release George Titcomb, who was
remanded to custody. The applica-
tion was made on the strength of a
clerical flaw in the mittimus COM
mitting him to prison.
VERDICT UPSET.
The Supreme Court has rendered
unanimous decision, by Justice
Bickerton, in the case of Talula l..
Hayselden VS.. Wahineaca (w.), eject
ment This case was first heard at
the October term, 1892, of the Su-
preme Court, when the jury dis
agreed and were discharged. The
case came on again for hearing at
the February term, 1893, of the First
Circuit Court under the Act to Re-
organize the Judiciary Department,
when the jury rendered a verdict
for the defendant. On the 23d of
February plaintiff by her attorney
filed a motion for new trial on the
ground that the verdict was con-
trary to the weight of evidence and
to the law as laid down in the
charge of the Court. On the 18th
of the same month the motion was
argued before Judge Frear, who had
presided at the trial, and the Court
over-ruled the motion. The matter
then came before the Supreme
Court on a bill of exceptions to the
ruling of the Court in having denied
said motion.
The syllabus of the decision now
rendered will explain the issue in
volved in the case 1t is as follows:
"a devise of land by will was uncer-
tain as to which of two lots, No.
and 3, was devised to A. defendant
The purchaser of lot No. 2 sold it Is
years ago, describing it in the decd
as the lot purchased of A, and the
adjoining lot No. 3 as the property
of &. Defendant thereafter took
possession of lot No. 3. In an action
by the grantee of B to recover pos,
there must be more evidence than
defendants denial that she executed
the deed of lot 2, to prove estoppel
claimed as the effect of her deed, as
showing her construction of the de.
wise. The evidence showing that
the jury must have acted in giving
their verdict for defendant through
bias or misunderstanding, the yer,
dict is set aside aud a new trial or
dered." 1t appears there was posi-
tive evidence that Wahineaea, tho
defendant, did execute the deed il
question, against which the jury ren
dered verdict in her favor on he
: own unsupported denial.
G. W. Ashford for plaintiff; }. Ma
wahi for defendant.
f MANDAMUS DECISION.
: In the matter of the application
= of Antonio f. Serene for writ o
3 mandamus against j. H. S. Kaleo
: District Magistrate of Hama, Maui
9 the Supreme Court has rendered
unanimous decision, by Chief Justic
g Judd. The syllabus sets forth th
J. case and decision as follows:
2 "Petitioner was convicted in
1 District Court of a misdemeano
t and fined. He paid the costs ant
J his attorney stated in Court, we vii
S appeal and paid $1.1O, the costs o
S the certificate Of appeal. No Cour
S was stated to which petitioner wish
y ed to appeal. By statute appeal
S must be perfected in ten days afte
e Judgment. After the lapse of twelv
o days the attorney went to the magis
) trate to have his appeal completed
q The magistrate declined to gran
> the certificate and the attorney re
l.; ceived back the 81 10 costs of certif
q cate. Hold, on this showing, tina
l. this Court is not authorized to orde
o the magistrate to allow the appea
u Rights lost by negligence of an at
u torney cannot be restored by tn
le Court. The remedy is by actio
le against the attorney"
9s The complaint is dismissed. {
II Creighton for petitioner; Attorney
N General w. 0. Smith for respond
IL ent.