The Hawaiian gazette., 1894-04-17
COURT NOTES.

this week.
Before Judge Whiting in the mat
ter of the bankrupt estate of Samuel
Ehrlieh, the Court has confirmed the
sale made by the assignee TO NJ. G..
Silva of the dry goods stock and fiN-
lures for the sum of SO, l20, which
amount was the highest bid received
after publicly advertising for the
same. 2. Neumann for the assignee.
Samuel Ehrlich has filed an applica-
ton praying TO be allowed his house
hold furniture and personal effects, the
value of which will not exceed $500,
being the exempt amount as provided
by law.
Judge Cooper has disposed OF the
following matters:
Annual account of Kate w. Cooper,
guardian of the Henry Cooper minors.
Receipts, s., l2S.OS; expenditures,
! Sl,l4S.62; balance in hand TO next
account, 1919 46.
Annual account of John Emmeluth,
as guardian of Eli Jones. EXpendi-
lures, 500 s.; receipts, SOS. 50; bal
ance due guardian to next account,
| 1928
Kahune *, of Honolulu, Oahu,
! having come of age, was paid the sum
| of 1924 % as his distributive share of
the estate, and his guardian. E. Colt
! Hebron, was discharged from further
| responsibility. J. NJ. Davidson for the
! ward.
F. Colt Hebron resigning from the
| trust, Judge Cooper has appointed
| Henry Smith as guardian of kaimi-
ola, an orphan leper girl residing on
| the Island of MolOkai, whose income
is about 500 year.
Judge Whiting last week approved
the following annual accounts:
Account of w. o. Smith, guardian
of the Bridges minors. Receipts,
S35S.17; expenditures, S119.2l; bal
ance in hand to next account, Sis SO.
Annual account of w. o. Smith,
guardian OF the Pahau minors. Elk
penditures, S2,397.21 Including inn
prOvemeuts upon premises belonging
TO the estate; receipts, S125; balance
due the guardian 10 next account,
S1,672.2I
J. \. Magoon, a administrator with
the will annexed OF the estate OF c.
ManaOle, has quaiifi d as such by
filing an approved bond III the sum of
Sl5UO
Int. u. Rawlins Us. the Honolulu
Soap Works Company, the defendant
has filed Its notice of eXcsp ion and
perfected an appeal to the Supreme
Court.
In Manini sylvia ct al vs.. D. w.
kahuakai ct al, ejectment suit, plain
tiffs having recovered judgment, their |
counsel have flied legal fee bill |
against defendants amounting to 50. |
w. c. Achi has filed an application |
for probate of the will of the late |
James X. Kekaula of kau, in the |
island of Hawaii. 1t is understood |
that the widow will fight the legality |
of the will.
The following decisions were filed |
by the Supreme Court on Saturday |
last in the following cases:
Provisional Government, Hawaiian |
Islands VS.. Mura, japanese laborer
who was convicted for larceny of a
redwood board valued at $l.50 and |
sentenced to six months imprisOn-
ment, being the maximum penalty for
first offense. Defendant had pleaded
guilty with view of mitigating sem
tence. The Circuit Court held that
as he had pleaded guilty it had no
jurisdiction. The syllabus of the de-
cision reads as follows: "Circuit |
Courts must entertain appeals from
District Courts, for mitigation of sem
tence notwithstanding the fact that 4
plea of guilty was made in the lower
court" Case remanded to the Circuit
Court. Deputy Attorney-General G.
K. Wilder for the prosecution, J. l..
Kaulukou for defendant.
In Manini Sylvia ct al, y. w. Ka-
huakai ct al, an ejectment case, the
Supreme Court decline to disturb the
verdict of the jlry statiI g in the sylla
bus of its decision as follows: ''The
evidence on the question whether de-
PENDANTS possession OF the land was
adverse and continuous being conflict
ing, the Court decline to disturb q
verdict which was rendered for the
plaintiff. there being evidence to sus-
tain plaintiffs contention that defend
ants possession was not adverse nor
continuous
Judge Hardy of the Fifth Circuit
Court has filed with the Clerk OF the
Judiciary two decisions in the follow
ing cases:
NJ. r. Jardin Va. Louis Madeiros,
replevin suit to recover possession of
a cow There had been previous suits
between the parties IN various stages
and the cow was recovered by writ
of execution. \ plea of res adjudicata
was put in, which the Court Jury
being waived) now sustains. A Rosa
and \. ;. Hartwell are the attorneys
in the ease ami it i difficult tor lay
men to decipher which of the attOr-
neys have won.
In Anima and Awana, partners do
ing business as Nam ChOng Il Co. vs..
Lau Koua, being a suit in ejectment,
Judge. Hardy files adecision which i in
favor of plaintiffs for possession Of the
land with damages awarded amount
ing to ''S3I9.33. J. A. MagOon tor
A. : HartWell for defend