The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1894-03-08
COURT NOTES.

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-
perty will take place on the 10th inst,
and consists of certain shares of stock
in the Waikapu Plantation Company,
owned by defendant. F. NJ. Hatch for
plaintiff; G. w. Ashford for defendant.
On the petition of Messrs. Levers &
Cooke, the heaviest creditors, Judge
Cooper has adjudged w. II. Smith,
builder and contractor, a bankrupt,
and Monday next is appointed the
day for a meeting of creditors for the
purpose of proving their claims. Car
ter & Carter for petitioning creditors.
Judge Cooper has allowed bill of
exceptions in the ejectment case OF
NJ. sylvia VS.. d. w. Kahuakai ct al,
defendants motion for new trial
having been overruled. T.. Johnson
and J. X. Kaulia for plaintiff j. Il.
Kaulukou and j. NJ. Kaneakua for
defendants-appellant
The executors of the will of NJ. Gold
berg have filed petition to be allowed
to sell the store effects and goods OF
bids the sum of S9117 for purchase of
the same. f. NJ. Hatch for the ex-
ecutors.
G. Bose, assignee OF the bankrupt
estate of Robert 5. Agee, storekeeper
in Hilo, Hawaii, has applied for APP
prevail of his account which he sub
mits, and for discharge from respon-
sibility as such. The Court has ap-
pointed the 18th instant as the day for
-; =
for the assignee.
Certificates of appeal have been
filed from the Honolulu District Court
by All Hau, alias Lee Ho, who was
sentenced to pay $50 for possession OF
opium. VIM. Foster for defendant.
The other appeal is by Hu Kong,
alias All Kong, who was sentenced I'd
pay S25 for perverting justice. VIM.
Foster for defendant.
In the equity suit of 5. Norris VS.. II.
de Herblay, Judge Whiting yesterday
filed two decisions, one of which sus-
tains the demurrer filed by defendant
and the other orders the injunction
dissolved. In this case the plaintiff
sought to restrain the enforcement OF
a judgment recovered by defendant
upon a foreign judgment rendered by
the Supreme Court on August 25.
1891. A. 5. Hartwell and f. M:
Carter & Carter for defendant.
Another decision filed yesterday by
Judge Whiting is in the estate of Ka-
haiku (k.), on an application for de-
cree of heirs. Deceased who resided
in Heeia, KoOlaupoko, on this island,
died in 1853, and the Court finds the
relationship and proportions of the
surviving heirs to be as follows: IL
moteo one-quarter; Kahinu and heirs
of Kekuahanai one-quarter; keau
and Kapalau each one-sixthi Benl-
amina, Koleka and William CroweII
each one-twelfth; and Ahsoon and
Ava together one-twelfth. A decree |
is ordered to be prepared in accord !
ance with these findings. Attorneys
for the several claimants are J. Nj.
POepoe, j. M Kaneakua, j. ii. Bare
naba and J. J.. Kaulukou.
In the equity suit between the Peo-
Piles Ice and Refrigerating Co. VS..
The Hawaiian Electric Co. Judge |
Cooper has filed a decision in favor of |
the plaintiff corporation, the decree |
of which will require the defendant |
company to accept lease OF the
premises on Fort street known as the
Lucas building at the monthly rental
of $50 and the plaintiff TO accept !
rental of $50 of defendants premises
on King street. Carter d Carter for
fendant.
Following is the calendar of cases to
be heard by the Supreme Court at its
term beginning on Monday the 18th
inst:
Jose Maceil VS.. Jose Freitas; excep-
tions from Second Circuit Court.
Rosa for plaintiff; Creighton for de-
PENDANT appellant.
II. K. r. AmaIu VS.. Kona Coffee and
= C1r |
Circuit Court. Kinney for PLAINTIFF;
Rosa Peterson for defendant appel
liant.
Provisional Government Hawaiian
Islands VS.. Alaiau; exceptions from
Fifth Circuit Court. Attorney-General
fol prosecution; Hartwell for defend
ant.
peal from Fourth Circuit Court. Kane
for plaintiff appellant.
Provisional Government Hawaiian
Islands VS.. William III. Cummings;
exceptions from First Circuit Court;
Kaulukou for prosecution; Achi for
E a. Jones VS.. Elizabeth K. Nor
ton; equity appeal from Judge Cooper.
w. r. Castle for plaintiff appellant;
Magoon for defendant.
III. III. Parker VS.. j. Shaw; appeal
from Honolulu District Court. Hatch
for plaintiff appellant; Attorney-Gen-
eral for defendant.
In lie guardianship of II. @. Nc ,
Grew; appeal from order allowing $
counsel fees. Hartwell for guardian ,
appellant; G. w. Ashford Wakefield !,
for the motion.
In re bankruptcy of John Richard
son; appeal from order approving as
signee's account. Carter & Carter for
W ASh nrd fnr arfQ | 8
creditors t
NJ. Sylvia VS.. ID. w. Kahuakai, ct al; 7
exceptions from First Circuit Court.
Johnson-Kaulia for plaintiff; kaulu- r
for defendants appel \
lants