The Daily bulletin. [volume] (Honolulu [Hawaii]) 1882-1895, 1893-04-04
COURT CHRONICLE.
Decisions in Two Courts -The Man
damus Case.

Ine supreme CpUTI Has TcuueICu /
q unanimous decision, by Judge
Whiting, who substituted Justice
Frear, disqualified from having been
of counsel, in the case of Joseph Ma
wahi and Emma, his wife, VS.. James
K. Kekaula, 1t is on an appeal by
plaintiffs from decree in equity up
on the decision of Chief Justice
Judd. The plaintiffs bill claimed
an accounting from the defendant,
mortgagce under mortgage given
by plaintiffs, and an injunction to
enjoin the sale of the rtgaged
property until the account is set
tied. A full accounting was had and,
upon the evidence adduced, the
Chief Justice decrced the sum of
1928 as the amount to be credited
by defendant on the mortgage note,
and the accounting having been
made the dissolution of the injunc-
ton necessarily followed. The APP
pellants do not claim any error in
law, but practically re-argue the
merits of the case upon the evidence.
Nothing having been produced to
show why the decree should not
stand, the Court finds for the defen-
dant and maintains the decree. S.
X. Kane for plaintiffs; Thurston ~
Frcar for defendant.
A unanimous decision of the STU
premc Court by Justice Frear has
been filed i'll the case of A. Nj. Mel
lis VS.. \. X. Kunuiakca. This ac-
ton was begun in the Police Court
on October -, 1892, and is founded
on Judgment in the same court on
Jan. 5, 1885. The defendant plead
ed the statute of limitations. The
plaintiff relied on new promise to
take the case out of the statute.
Judgment was rendered for the de-
PENDANT and on appeal was affirmed
by Justice Bickcrton in chambers.
1t was held by the Justice that the
plaintiff had failed to prove, by u
preponderance of evidence, new
promise sufficient to revive the judg-
ment. From this decision the plain
titf appealed to the full Court on
| the ground that it was contrary to
the law and the evidence. BY the
Act of 1886 the plaintiff, having been
| defeated in the Police Court and APP
peaied to a Justice of the Supreme
Court, is allowed no further appeal
on any question of fact. 1t is de
cided now that the finding that
was made is in the nature of a gen
eral verdict, and cannot be reviewed
except SO far as to see whether there
was evidence to support it," The
Court finds that, in the matter of
two alleged promises by defendant
| to pay the account, there was in
each case only one witness on either
| side. Therefore il finds that there
was evidence to sustain the finding
that the plaintiff failed to prove, by
a prepOnderance of evidence, a pro-
mise sufficient to revive the judy
ment. Judgment affirmed with
costs. j. \. Magoon for plaintiff;
G. w. Ashford for defendant.
Judge Whiting has filed a deci-
sion in the matter OF the estate OF
Keoni Kuhiau, deceased. A motion
was filed by counsel that an allow
ance be made from the funds il
Court for the support Of the minor
and also for the use of the widow
Angelina, and Keomea, dovisees I'm.
der the will, $500 for use of the
widow and $500 for the heirs. Part
of the estate from which the fund is
derived is piece Of land on Emm5
street, lately partitioned in the suit
OF Aylett and kuhiau (the testator
VS.. Keaweamahi, half of the pro
ceeds of which (Sl456.93) belong t.
kuhiau's heirs. The Court recount.
the provisions of the will, and allot!
$50 as counsel fee to Mr.. Kane, who
acted for Mr.. Thurston in his alb
sence. 1t allows Kaomea to draw
$500, as there would be enough lief
FOR the settlement of the estate 81
far as her share would be liable. A
the minor is not entitled during tn,
life of the widow, the Court can
allow nothing for him. The widow
being only entitled to the life estat,
in the one-half of the fund. NJ
allowance can be made to her. Sh
is entitled to onc-half rents, etc, il
the real estate named.
An appeal has been perfected b,
Ali Hum from the decision of Judg
Whiting previously reported, hold
ing him liable to prosecution unde
the Gaming Act of 1886 for main
: tanning lottery.
l. In the case Of Kahue, deceased
dcpositor in the Postal Saving
Bank, Judge Whiting has under Il
Act of last session awarded a sum q
, money less than 500, share am
! share alike, between Kaluaahini an
Kalua, sisters OF deceased.
In the equity suit of Gum Kin
vs.. Kaluun and others, Messrs. Kau
r liza and Kaneakua, counsel for d,
= PENDANTS, have filed motion tina
. the injunction issued be dissolved
and Judge Whiting has appointe
!, Monday, 10th inst, for hearing.
j. M. Davidson, counsel for d,
! PENDANT in Pun Gee VS.. Loo Che
!, has filed bond, intending to al
peal from the decision Of the Di
trict Court in favor of plaintiff O
March ID.
u The mandamus case, in whic
= Magistrate j. II. 5. Kaleo is require
TO show cause for not certifying Il
- the appeal Of Serene from convi
. ton for selling liquor unlawful
- was argued and submitted befo
. the Supreme Court this mornin
- q. Creighton for the petitioner; A
u tOrneV-lipueral Smith for rpSDoI