The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1894-08-07
CULLINGS FROM COURT.
HACKFELD WINS AGAINST THE
L.. a =. co.
Decree In the McGrew Demurrer
Overruied In the Horner Case.
other Matters.

Monday morning the August term of
the Circuit Court was opened by Judge
Whiting. The calender is quite full
containing one hundred and forty-three
cases in all. The bar was largely re-
presented. When the Hawaiian jury was
examined thirty.two were declared dis
qualified and were excused because
they refused to take the oath.
A. S. Mahaulu and Keliipio were also
excused, the former being a deputy tax
assessor and the latter a member of the
Board of Registration.
Judge Whiting said as there was but
one Jury he would defer native crlmi.
nal cases and call in the foreign jury
day.
Mr.. Kaulia asked if the Court would
postpone hearings in his cases until
next term. The Judge said he would
pass all native cases for the time being,
If it was implative that some lla-
waiian case should be disposed of, a
jury could be gotten, but he did not
think this necessary.
Mr.. Kane lied to have one of his
clients bal reduced. but Deputy Az
torney. Gent rel Wilder objected as he
thought $500 small enough in the
charge.
At 1880 Judge Whiting ordered the
foreign jury to be on hand this morniug
prepared for service.
In the case of Henri G.. McGrew y
his guardian, C. l.. Carter, VS.. Kopia, It
has been agreed between the two parties
that the case may be heard by the Cir
cut Judge of the First Circuit with a
jury. Carter & Carter for plaintiff; j.
*. Kahookauo for defendant.
The case OF Look PaUk Lock vs. Wa
Hoi, assumpsit, has been discontinued
at the pleasure of the plaintiff. the claim
having been settled in full.
In the case OF Henri q. McGrew by
his guardian C. l.. Carter, VS.. Alphon-
sine McGrew, libel for divorce, c. i
Carter, attorney for the plaintiff has
filed specifications in said cause.
The case OF the Hawaiian Sugar Com
pany VS.. The mter-Island Steam Navi.
CATION Company, libel as to the motion
for interlocutory decree, was heard by
Judge Cooper Monday morning. After
argument by both sides the court tool
the matter under consideration.
In the matter OF McGrew VS.. McGre "
divorce, the following decree was fileC
Monday morning: "Upon the filing o
the opinion OF the Supreme Cour
herein on the 3lst day OF July, A. d
1894, and in conformity herewith, it i
ordered adjudged and decreed by tn
court here that the defendants demurre
be and it hereby is ovcrruled."
II. 4. COOPER,
Judge Circuit Court, First Circuit
In the matter of II. Hackfeld & Co
VS.. G. Brewer and others, bill for al
accounting, "A decision by Judg
Cooper, was filed Monday afternoon. Il
this cause the plaintiffs seek an &C
counting as to certain sums said to hav
been expended by them in a venture t
obtain an immigration of laborers fror
the Azores TO this country. 1.-The orig
nal transaction appears to have been /
the nature of a contract between tn
Planters Labor and Supply Con
pany and Messrs. Hackfeld
Company, but the subsequer
memoranda upon which the plainti
relies is in the nature of joint vei
ture entered into alike by bot
plaintiffs and defendants" says III
court.
"The memorandum although il
formal in its terms yet clearly express,
! mutual understanding and cons
: quent liability and am Of the opinio
that the plaintiffs are entitled to a
accounting as to all sums necessari
\ expended by them in the ventur
! As to whether Messrs.
i. EIackfeld 81 Company have actual
A paid out or have become liable to pa
r any money on account OF this underta
r ing or as to the propriely of any eXpen
4 iture | make no finding but leave tn
to be settled on the coming il of Il
masters report. The matter is herel
referred to Henry Smith, Esq, as ma
ter with the direction to render an a
% count of the amounts expended 10y al
" of the parties in pursuance of the abo
undertaking, and t. determine t
" shares to be paid by each"
II Mr.. Hatch for plaintiffs; P. Neumal
- for defendants.
In the matter of Statlna A. Newell,
N al. VS.. John NJ. Horner, a decision
/" demurrer was filed Monday afternoC
re The demurrer TO the complaint "
J. sustained at the May term, but
p written decision was filed. The co
plant alleges that plaintiffs are legat,
under will of Themes Newell, who
= covered judgment against defendant
California in 1879 for S2547 81, and Il
only $l400 was paid. That plainti
III assigned their interest in judgment tn
IS A. Low and that defendant left C.;
fornia in December, 1879. The Court 5
tains the demurrer