The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1894-04-06
COURT NOTES.

before the Supreme Court yes
terday the following cases were ar
gued and submitted
In the matter of the appeal of f.
Ahung, a bankrupt, who was com
mitted to DO imprisoned one year
ago by Judge Cooper for failure TO
answer questions put to him by the
assignee. G. w. Ashford for the
bankrupt appellant; +. NJ. Hatch
for j. +. Hackfeld, the assignee.
Il. A, Jones, assignee of the bank
rupt estate of George X. Norton, Va.
Elizabeth X. Norton, wife of the
bankrupt. This is bill in equity,
praying to set aside deed of con-
veyance alleged to have been given
by the bankrupt TO his wife in
fraud of the legal rights of credit
ors. w. II. Castle for plaintiff
appellant; j. A. Magoon for de-
| PENDANT.
Three Supreme Court decisions
have been filed in the following
| cases
In the Provisional Government
vs.. Aloiau, being an appeal from
the District Magistrate of Lihue in
the island of Kauai, who convicted
defendent for gaming. Following
is the syllabus in said decision
The defendant was found guilty of
an offense by a District Magistrate,
and received a sentence authorized
by law. During the progress of
the trial the Magistrate enormously
refused certain questions to be
asked by defendants counsel of a
witness in order to affect his credi-
bility. After, sentence the defend
ant appealed to the Supreme Court
on the point of law, i. e., the refusal
of the Magistrate to admit the evil
dence, and asked for his discharge.
Held, the law point sought to be
raised is not appealable from the
District Court, it being an inter-
locutory ruling merely. A ruling
of law to be thus appealable must
be one that is vital to the case and
involved in arriving at the final de-
cision. The appeal is dismissed.
G. K. Wilder, Deputy Attorney
General, for the prosecution; A. S.
Hartwell for defendant.
In Joseph MARCEL VS.. Jose Fret
tas, the Court state that the verdict |
under the circumstances is not con-
trary to the law and the evidence.
The decision is now in favor of |
plaintiff for the sum of $500 dam
ages for the injury done to him by |
defendant with stone. Verdict
was rendered at the December term
of the Second Circuit Court. A.
Rosa for plaintiff; G. Creighton for
defendant-appellant.
In 7. B. Murray VS.. J. f. Col
burn, the Court has decided in IA
vor of plaintiff for the reason that
upon an appeal from District to a
Circuit Court, the bond for costs to
accrue should be to the Clerk of
the Court and not to the appellee,
as was done in this case. E. John
son for plaintiff; G. Creighton for
neutrality-suspicious..
In the matter of the steamer
Waimanalo, being a libel in admir-
atty filed by the insurance compa-
ny. F. M. Hatch has filed a plea
On behalf of Il. S. Spalding and G.
Y. Dudoit wherein they claim that
he insurance company have no
standing in Court for the reason
hat the law of 1878 providing for
service of process on foreign cor
has not been complied
With by it. In this matter there
seems to have been turning of
he table as it were, as it will be
that said Z. S. Spald-
ng had previously filed two COM
,laints at the last February term
# the Circuit Court, but the insur-
nee company demurring to the
Jurisdiction, as implying that it was
a case for admiralty juris-
fiction of the Court in order that
ii parties interested may have the
light of intervening, the two cases
we're discontinued and the matters
involved were brought in as a libel
u admiralty. Now the question is
aised that the company has no
landing in Court, there being no
ecord in the Interior Office indicat-
ng its officers in this country. F.
[. Hatch appears for the claim of
!. S. Spalding and G. w. Ashford
Or the Alliance General and Ma
inc Insurance Co.
The Pacific Gable.