The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1895-08-20

OPINION OF THE COURT BY FREAR, J.
This is an action on policy of in
surance issued by the defendant COM
paDy upon the life of Henri G.. Nc
Grew for $4,000 payable upon his death,
to "Alphonsine McGrew, wife of
Henri @. McGrew if living, if
not living to his executors, admins
traitors or assigns" The company
stands ready to pay the money but de-
sires that it be first judicially deter
mined who is entitled to it-whether
AlphonsiDe McGrew or the admins
traitor of the insured. The doubt upon
this point is Occasioned by the fact
thai the insured prior to his decease
obtained decree of divorce from his
wife on the ground of adultery, the
validity and effect of which decree are
questioned.
The contract of insurance was en-
tered into in the Hawaiian Islands;
the policy is dated Septem Der IA, 1892;
it was issued to Henri @. McGrew up.
on his applications; he retained posses
sion of it and paid all premiums upon
it; he died October %, 1894; at the time
of entering into the contract and until
his death he was a subject and resi-
dent of and domiciled in, these ISL
ands; J. o. Carter is the duly appoint
ed administrator of his estate; all con-
ditions and requirements necessary to
be performed or complied with by the
decedent or plaintiff have been per-
formed and complied with.
The case was tried in the Circuit |
Court, First Circuit, jury waived, up |
on agreed facts, and comes here upon |
the following questions reserved by |
the Circuit Court on motion of both |
parties:
1. Is Alphonsine McGrew a neces-
sary party to this case?
2. Were III. @. McGrew and AIphon-
sine McGrew divorced; and if so, is
the decree of divorce still in effect?
8. Is the amount due on Henri O..
McGrew's insurance payable to J. o.
Carter, administrator of the estate of
III. @. McGrew?
First, this is not suit in equity, as
by bill of interpleader, but an action at
law, and therefore, obviously, not only
Is it unnecessary, but it would be inn
proper, to make Alphonsine McGrew
a party. This is practically conceded
by the defendant.
Secondly, it appears by the agreed
statement of facts including the record
in the divorce case, which is made q
part OF the agreed statement, that on
the 9th of August, 1894, an absolute
decree of divorce from the bonds of
matrimony was decreed by the Circuit
Court, First Circuit, of the Hawaiian |
Islands, in favor of Henri @. McGrew |
against his wife, Alphonsine McGrew, |
for adultery on her part; that on the
9th of the came month it was stipu-
lated that it should not be incumbent
upon libellee'S counsel to present his
bill of exceptions until one week after
he had been furnished with trans
script of the evidence; that on the
oath of September following he was
furnished with such transcript; that
on the 1st Of October following he filed
q paper purporting to be bill of eX-
captions; that on the next day libel
lant's counsel moved the Supreme
Court to set the cause for hearing on
the alleged bill of exceptions, but that
ibellee's counsel objected on the
ground that the bill had not been
signed or allowed by the Circuit Court,
aud that the motion was denied on
that ground; that Henri q. McGrew
died on the 22d of the same month
and that no bill of exceptions was ever
allowed by the Circuit Court.
The statute Comp. L., p. 437) pro- !
vides that in matters of divorce, "Any
party aggrieved by any order or de-
cision of the Circuit Court, may ex-
cept thereto, and his exceptions shall
be duly noted, and certified to the
Supreme Court, and no order or
decree for a divorce shall be
haae absolute Until Sucn eS-
shall have been disposed of.
Said exceptions shall be argued and
determined in the Supreme Court,
sitting IA 6dncO, and if the Court IN
DGncO shall be of opinion that the
order or decision excepted to in said
Circuit Court was erroneous, they
snail so certify, and thereupon the -
,ase shall be heard anew"
1t IS argued in the first place that
he decree of divorce never became
absolute because the alleged excep-
ions were never argued and determ- I
ned in the Supreme Court. n,
The practice here in divorce as in Y
'ther law cases has usually been to
enter at once in the Circuit Court an
absolute decree or judgment, which is
subject to be set aside by the Supreme
Court on exceptions. This il what is
meant by the provision of the statute
nat mo order or decree for q divorce
snail be made absolute, until such eX- L
:eptions shall have been disposed Of" as
An absolute decree Is made at once, c.
Jus, m eXpenfe1 n no ! %