The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1896-02-15

appeslabIe 1t was discretionary with
the Circuit Judge TO refuse or allow the
continuance.
1t appearing that the discretion of the
Circuit Judge was exercised the signing
of the order is not compellable By
mandaEus.
OPINION OF THE COURT, BY JUDD CD
The petition in this case is as fol-
lows:
"Your petitioner, Claus Spreckels,
residing in the city and county of San
Francisco, State of California, doing
spectfully represents that heretofore.
to wit, upon the 1st day of October
AID. 1895, the Hawaiian Commercial
and Sugar Company, corporation
incorporated under the laws of the
State of California. and doing business
in the Hawaiian Islands, entered suit
in equity in the Circuit Court of the
First Circuit of the Hawaiian Islands
for an accounting against your petit
toner touching and concerning GER
tain matters iii said cOmpany's COM
plant fully set forth, and thereafter
to wit, upon the 18th nay of October
AID. 1895, Walter NJ. Giffard, attorney
in fact for your petitioner through
counsel, to wit, +. NJ. Hatch and w.
a. Kinney, applied to the said Circuit
Court for further time in which to an
swer the complaint aforesaid, which
application Was duly granted, your
petitioner being given until the sixth
day of December, A. d. 1895, to answer
as aforesaid
That upon the twenty first day of
November, AID. 1895, your petitioner
by the advice of counsel in San Fran
cisco, brought proceedings in tue Su-
periOr Court of the city and county of
San Francisco, State of California,
against the said Hawaiian CONNER
cial and Sugar Company, seeking to
enjoin it, the said corporation, from
further prosecuting the suit brought
as aforesaid in the Circuit Court of the
First Circuit of the Hawaiian Islands,
and seeking further to enjoin the de-
fendanPs officers of said corporation,
to wit, Rudolf Spreckels, Russell j.
Wilson, MountfOrd s. Wilson, Charles
S. Wheeler, and B. j. Hoffacker, di.
rectors of the said Hawaiian CONNER
ciaI and Sugar Company from passing
any resolution or doing any act or
thing in furtherance of the further
prosecution of the said suit.
Whereupon upon the twenty-fir
day of November, A d. 1895, tenn
pOrary Injunction was issued out of
against the said corporation, and its
officers aforesaid, enjOining them and
each of them, and tier and each of
their officers, counsellOr5, attorneys,
solicitors, agents, servants and en-
ployees, and all others acting in aid
or assistance of the said defendants, |
and each and every one of them from
further maintaining, prosecuting or
proceeding with, or in said suit |
Al.
First Circuit of the Hawaiian Isla nds |
junction your petitioner seeks in such |
proceedings to make perpetual.
That meanwhile w. A. Kinney, at
tOrney of petitioner in the said Hawai-. |
ian Islands, having failed to receive |
definite knowledge of said injunction |
proceedings and of the temporary in
junction issued as aforesaid by reason
Of the miscarriage of the mails, ap-
peared in the said Circuit Court of the
First Circuit, upon the sixth day of
December, A ID. 1895, and obtained a
further thirty days additional time in
which to answer plaintiffs complaint,
to wit, until the sixth day of January,
AID. 1895.
That thereafter upon the sixth day
Of January aforesaid petitioners at
torney, W. "A. Kinney, by that time
having been informed of the injunc-
ton proceedings brought by your
petitioner, and being furnished with
certified copies thereof by petitioners
attorneys in San Francisco, to wit,
Messrs. Delmas & Shortridge, filed a
motion in the Circuit Court of the
First Circuit aforesaid, entitled De-
endant's motion to continue further
until called up, a copy. of
which Is hereto attached marked Elk |
nibit GA" !
january said motion coming up for
me said w. A. Kinney, discontinued .
said motion without prejudice amt
lpon the express underst anding that
me said motion would be renewed {
ater or upon the return of the s.tld I
w. a. Kinney from the Island of ha I
Wall, whittier he was about to pro =
ICED to attend term of the Circuit 8
COURT OF the Fourth Judicial Circuit.
And thereafter to wit, upon the
eighteenth day of January, AID. 1895, C
he said w. A. Kinney having return. t
ID from Hawaii as aforesaid renewed {
he said motion, q copy of which is {
hereto attached marked Exhibit ssB.n L
That thereafter upon the twentieth a
ay of January, AID. 1896, the said &
notion came up duly for hearing be- s
ore the Honorable A. w. Carter, il
irst Judge of the Circuit Court afore, "
aid, who after hearing the argument G
[ petitioners counsel, and after con- fl
lade q part of this motion, rendered o
d oral decision in open court, viii Gu o
as taken down by the official steno- Il