The Hawaiian gazette., 1894-03-30
COURT NOTES.

| out the ldtucF SudIuiah NSuaS.
L. Carter viii prosecute the di-
vorce suit against the mother of
the child, and viii rely on the re-
suit of said suit the decree of
which will award the custody of
the child to the prevailing party.
The deposition of II. F. Glade in
the equity case of H. Hackfeld &
Co. VS.. c. Brewer & Co and other
firms has been filed ia said cause
deponent is about to go abroad
hence the taking and filing of his
testimony.
In the matter of the estate Of l..
n. Kauai, Alfred W. Carter, the
administrator, has filed an applica-
ton to realize on the realty, the
personally being insufficient to pay
! the debts of the estate.
Henry W. Hart CT Portland,
Oregon, having come of age, Judge
Cooper has authorized David Day
ton, his guardian, to pay to him
the sum of S1141.10 being his dis
tributive share in the estate. There
still remains two more minors of
the same trust estate.
The Supreme Court has decided
in favor of the plaintiff in the di-
vorce suit of Akoi w. VS.. Ken
Kau which came up on exceptions
from Judge S. L. Austin, Circuit
Judge of the island of Hawaii, who
dismissed the libel for lack of SER
vice of an amendment to the libel.
The Appellate Court finds that
under the circumstances the dis
missal was erroneous and the case
has been remanded for fu:th-r pro-
ceedings to its proper jurisdiction.
The will of Naholowaa (w-l of
MaEoa, Oahu, has been admitted
to probate by Judge Whiting and
letters testamentary thereon were
issued 10 S. K. Aki under a $500
bond. The es ate is worth $500
In the matter of counsel fees in
the McGrew cases, respondents
counsel has suspended their mo-
ton requiring the guardian to
show cause why he should not pay,
the guardian stating that upon his
realizing on the securities be-
longing to his ward, he will satisfy
counsePs claim.
Judge Cooper has appointed J.
". Luning assignee of the bank
rupt estate of William Horace
Wright, under bond of 800 with
out any surety. The assignee will
probably have a replevin suit
against the party who took away
the household furniture belonging
10 Mr.. Wright.
Kahakuakoi w }, who with her
husband receives $50 per month
under the will of Bernice P. Bish-
op, mas sued the Hawaiian Govern
ment. in ejectment, for possession
of that valuable land situated in
Haimoeipo, Honolulu, next to the
I Barracks. A. S. Hartwell, who de-
tends on behalf OF the Government,
now has two claimants to contend
with. The other claimant, Thomas
r. Mossman, is awaiting a decision
in respect to the plea in bar set up
by the Government. Judge Cooper
now has the matter under advise
ment.
In H. r. Macfarlane VS.. Ira A.
Lowell, Judge Cooper has allowed
defendants exceptions TO the order
granting plaintiff new trial. This
was an assumpsit case tried at the
last term before a foreign jury,
which resulted in a verdict for the
defendant.
V. V. Ashford, elder brother, has
sued his partner and brother,
c. W. Ashford, for an account
ing OF the partnership assets,
and an order was issued,
made returnable this morning,
which requires defendant to show
cause why an injunction should not
issue against him enjoining him
not to dispose Of any of the part
nership property nor Of his indi-
vidual property. Judge Cooper,
who issued the order, will hear the
application for an injunction. A
5. Hartwell appears for the COM
plainsnt in this matter.
Samuel KaneBanui, Of Hanalei,
Kauai, has successfully passed an
examination before Circuit Judge
Hardy Of Kauai, and license has
been issued to him to practice law
in the inferior Courts.
l.. 3. Kerr has sued John Good
in assump-it in the DIstric. Court
and recovered judgment against