The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1894-02-05

opinion, finding and decree of Judge
Cooper. 2ud Judge of First Circuit
dated November Both, 1893, and more
particularly TO that portion thereof
fixing plaintiffs permanent alimony
at Seven Dollars (S7 00) per week, on
the ground that such 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 folio wing stipulation was filed
! and agreed to by the parties to these
proceedings:
''STIPULATION.
''The parties hereto, by their re-
spectlve counsel, stipulate and agree
that the evidence presented to the
Court In the case of Joseph Lazar us
VS.. kauimakaole Lazarus, on libel
for divorce, heard and decided by
this Court at the August Term, 1893,
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-
scented and read in this cause, upon
the application of the petitioner
herein for temporary alimony, and
all afidavits and documentary proofs
In opposition to the said application
shall be likewise considered in evi-
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 evi
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 SIPS per month,
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
that she still has and owns tuis pro
perty, and now occupies and uses it.
On the 22d day of May, 1891, the said
Lazarus and his wife executed deed
of separation, by which this respon
dent transferred and delivered to his
said wife all the furniture and person
al property then In the house occupied |
by them, excepting the safe of said |
Lazarus ana the said Lazarus
agreed to pay to John s. Walker |
during the lifetime of his said wife |
this plaintiff) for her use and main |
tenance the sum of twenty five dollars
per month, and she agreed not to |
claim or demand of said Lazarus |
during his lifetime any other aid, !
support or thing whatsoever. On the |
10Th day of November, 1891, tn peti |
TONER and respondent executed an |
agreement wherein they mutually |
agreed TO cancel the said indenture |
of the 22d May, 1891, except as to the
sale and transfer therein made of |
property to said Kauima-
kaole Lazarus; and agreed to live to
gether as man and wife from the first
day of December, 1891. This they
did. The reconciliation did not last
long, and they had trouble again,
which eventually led to these two
suits. So it will be seen that these
parties both agreed at the time Of
their mutual separation that twenty
i've dollars per month was enough
Tor the maintenance of the petitioner
10 this case, whereas the Court has
now ordered a larger allowance of 81
per week, which is at the rate of $50
per month.
Under all the circumstances of this
case, we are of the opinion that there
has been no abuse of discretion on
he part of the Court Should the
change at any future
lime, it is always open to either party
20 apply to the Circuit Court to in
crease or diminish the amount of
ilimony now ordered.
Exceptions are overruled.
w. A. Kinney for petitioner; G. w.
Ashford for respondent.
Honolulu, January "a, 1894.