The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1894-03-09
COURT NOTES.

Thompson We. w. G. Achi jury
waived. Defendant was called
three times but, failing to show up,
the plaintiff, who appeared in per-
son without counsel, had it all his
own way. The Court rendered judg-
ment in his favor for the sum of
$50, the amount of the note for
money loaned, and $3.50 for inter
est. Had plaintiff been an attor-
ney at law he could have claimed
the statutory item of attorneys
commission" upon the amount of
the judgment.
Judge Whiting has filed two de-
cisions in the equity case entitled
Claus Spreckels VS.. G. w. Macfar-
lane. One allows the substitution
of c. A. Spreckels as plaintiff in
the place and stead Of Claus
Spreckels, and the other decision is
in the nature of an order overrul-
ing defendants motion for abate-
ment of all proceedings in the case.
The defendant has noted and per-
fected an appeal to the Supreme
Court. F. NJ. Hatch for plaintiff ;
c. w. Ashford for defendant.
In Thomas w. Hebron VS.. S. VI.
Kaaukai, jury waived, assumpsit
case for $115, the value of an iron
safe, Judge Cooper decides in favor
of the defendant, the Court holding
that, by the plaintiffs own evil
dence, there was no contract estab-
lished between the parties. J. A.
Magoon for plaintiff; W. c. Achi
for neutrality-suspicious..
Judge Cooper has overruled the
demurrer in the damage case of
Ralph R. Foster VS.. H. NJ. Hay
ward. A lady passenger on the
steamer Mariposa named Ella E.
Brison appeared yesterday in the
Clerks office, and gave her testi-
mony on behalf of the defendant.
Her deposition is now on file. VIM.
Foster for plaintiff; P. Neuman for
defendant.
D. M Crowley, a voluntary bank
rupt, has petitioned for a discharge
from all his debts, and Judge
Cooper has appointed Friday,
March 23d instant as the time for
hearing the application. Petitioner
in person.
Attorney C. W. Ashford, on be-
half of the defendant in the equity
suit between Claus Spreckels and
G. w. Macfarlane, has filed a mo-
ton in arrest of judgment and to
stay execution of the same until
after the appeal in said case has
been heard by the Supreme Court.
In the equity case of Claus Spreckels
VS.. G. w. Macfarlane, praying for
of mortgage lien, Judge
has heard a motion filed by
c. a. Spreckels to be permitted to APP
pear as party plaintiff IN said case.
Defendant opposed the motion, and
urged the abatement of the present
suit. The sale of the mOrtgaged pro-
perry will take place on the 10th inst,
and consists of certain shares of stock
in the Waikapu Plantation Company,
owned by defendant. +. NJ. Hatch for
plaintiff; c. W. Ashford for defendant.
The executors of the will of NJ. Gold
berg have filed a petition to be allowed
10 sell the store effects and goods of
he estate to one l.. +. Tracy, who
bids the sum of $9117 for purchase of
he same. F. NJ. Hatch for the eX-
ecutors.
G. Bose, assignee of the bankrupt
estate of Robert S. Agee, storekeeper
n Hilo, Hawaii, has applied for APP
1roval of his account which he sub
nits, and for discharge from respOn-
ibility as such. The Court has APP
pointed the 18th instant as the day for
hearing said application. F. NJ. Hatch
or the assignee.
In the equity suit of S. Norris VS.. L.
lie Herblay, Judge Whiting yesterday
lied two decisions, one of which sus-
aims the demurrer filed by defendant
md the other orders the injunction |
dissolved. In this case the plaintiff |
ought to restrain the enforcement of |
. judgment recovered by defendant !!
Ipon foreign judgment rendered by |
he Supreme Court on August %. !
S91. A. s. Hartwell and F. NJ. |
Hatch for plaintiff, P. Neumann and |
Iarter & Carter for defendant.
Another decision filed yesterday by |
Judge Whiting is in the estate of Ka-
aku (k.), on an application for a de-
rec of heirs. Deceased who resided
n Heeia, Koolaupoko, on this island,
led in 1853, and the Court finds the
and proportions of the
urviving heirs to be as follows: IT,
loteo one-quarter; Kahinu and heirs
Kekuahanai One-quarter; Keau
nd Kapalau each one-siXth; Benz
nina, Koleka and William Crowell
ach one-twelfth; and AhsOon and
wa together one-twelfth. A decree
ordered to be prepared in accord
nee with these findings. Attorneys
,r the several claimants are J. NJ.
oepoe, J. NJ Kaneakua, J. H. Bare
aba and J. i, KaulukOu