The Hawaiian gazette., 1894-02-06

Cooper, 2ud Judge of First Circuit,
dated November Both, 1898, and more
particularly to that portion thereof
| fixing plaintiffs permanent alimony
at Seven Dollars (S7 00) per week, on
the ground that sucn finding is con
trary to law and evidence and the
weight of evidence, and is an abuse
of discretion on the part of the Court.
The following stipulation was filed
and agreed to by the parties to these
proceedings:
STIPULATION.
THE parties hereto, by their re
spective counsel, stipulate and agree
that the evidence presented to the
Court IN the case Of Joseph Lazarus
VS.. Kauimakaole Lazarus, on a libel
for divorce, heard and decided by
this Court at the August Term, 1898,
thereof, may be read and considered
by the Court in this cause, and shall
be deemed to have been presented
herein, and shall be allowed the same
effect, both as to the written and oral
evidence aforesaid, as though the
same had been filed and the witnesses
therein had been sworn and had
orally testified in this cause. And
that all affidavits heretofore pre-
sented and read in this cause, upon
the application of the petitioner
herein for temporary alimony, and
all affidavits and documentary proofs
in opposition to the said application
shall be likewise considered in evil
dence herein.
"And that each party shall be at
liberty now and here to introduce
further testimony touching the ques
ton of alimony only"
The amount of alimony ordered in
matters of this nature rests in the
discretion of the Court upon the eyi
dence adduced, and can only be in
terfered with where there is shown
an abuse of discretion, or where
there is strong reason for doing so.
1t appears from the evidence that |
the respondent owns certain real
estate and corporation stocks,
and that the estimated possible |
gross income from these proper
ties is about S128 per month,
providing the houses are all occupied |
by permanent tenants; against this
income there are the taxes, insurance,
repairs, etc, etc, which would make
the net income much less. 1t also
appears that this income is uncertain
in its nature. 1t is also shown that
gave petitioner pre-
misses on Beretania street, having two
cottages and out buildings on it, and
hat she still has and owns this pro
oerty, and now occupies and uses it.
On the 22d day of May, 1891, the said
Lazarus and his wife executed deed
If separation, by which this respon
lent transferred and delivered to his
said wife all the furniture and person
Il property then in the house occupied
" them, excepting the safe of said
Lazarus and the said Lazarus
agreed to pay to John s. Walker
Turing the lifetime of his said wife
this plaintiff) for her use and main
enance the sum of twenty five dollars
Ger month, and she agreed not to
lain or demand of said Lazarus
Turing his lifetime any other aid,
import or thing whatsoever. On the
10Th day of November, 1891, thu petit
Toner and respondent executed an
Igreement wherein they mutually
greed to cancel the said iGdenture
# the 22d May, 1891, except as to the
ale and transfer therein made of
PERSONAL property to said Kauima-
,aole Lazarus; and agreed to live to
,ether as man and wife from the first
lay of December, 1891. This they
lid. The reconciliation did not last
ong, and they had trouble again,
which eventually led to these two
uits. So it will be seen that these
parties both agreed at the time of
heir mutual separation that twenty
i've dollars per month was enough
or the maintenance of the petitioner
O this case, whereas the Court has
low ordered larger allowance of 81
Ter week, which is at the rate of $50
,er month.
Under all the circumstances of this
ase, we are of the opinion that there
las been no abuse of discretion on
be part of the Court. Should the
circumstances change at any future
ime, it is always open to either party
0 apply to the Circuit Court to in
rease or diminish the amount of
1imonv now ordpre6
Exceptions are overruled.
w. a. Kinney for petitioner; G. W.
-shford for respondent.
Honolulu, January a, 1894.