The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1896-02-14

OPINION OF TIE COUNT, BY JUDD c I.
The petition in this case is s. fol-
/ lows:
"Your petitioner, Claus SpreSkels
residing in the city Sni county of San
Francisco, State of California, GOius
business in the Hawaiian Islands, re
spectfully represents that heretofore
TO Wit, upon the LIST day OF October
AID. 1885, the ESwsiisu Commercial
and Sugar Company, = corporation
incorporated uuGer the lsws OF the
State OF Cslifornis, aud doing cuisines,
in the Hawaiian Islsuds. entered suit
in equity in the Circuit Court Of the
First Circuit Of tue Hawaiian Island
for su accounting Sgsinst your p-ti
toner touching snd concerning GER
tain matters in said eompaoy's eom-
plant fully set forth, snd thereafter
[ 10 wit, upon the llth 1sy OF October.
AID. 1895, Walter NJ. GIffsrd, sttoruey
in fact for your petitioner through
counsel, 70 wit, f. VI. Hatch sud w.
A. Kinney, applied To the said Circuit
Court for further time in which to an
swer the complaint Aforesaid. which
application Was July granted, your
petitioner beng given until the sixth
dSy OF De ,emb-r, AID. 1895, to answer
as aforesaid
That upon the twenty .drst dsy of
November, AID. 1885, your petitioner
by the advice OF counsel in San Fran
cisco, Drought proceedings in the 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 il, the said corporation, from
further prosecuting the suit brought
- Aforesaid in the Circuit Court of the
First Circuit OF the Hawaiian Islands
and seeking further TO eDjoin the de
fendsut's officers Of said corporation,
to wit, Rudolf Spreekels, Russell ].
Wilson, Mounttord s. Wilson, Charles
3 Wheeler, and b J. Hoffscker, di
rectors OF the said Hswsiisn CONNER
cisl and Sugar Company from passing
shy res olutiou or doing sny set or
thing In furthersnce OF the further
prosecution OF the said suit.
Whereupon upon the twenty-frst
day OF November, A D. 1885, . tenn
porary Injunction WIS., issuei out of
the ssid Superior Court directed
against the said corporation, and its
Officers aforesaid, euioiniug Them and
each Of them, anu C. cir and each Of
their officers, councillors, attorneys,
solicitors, sgeDts, servants and EN-
ploy ees. aud all others acting in q u
or assistance Of the said defendants,
aud eseh and every one of them frou
further maintaining, prosecuting or
proceeding with, or in sald suit
nrought in the Circuit Court of the
First Circuit Of the Hawaiian Islands
81 aforesaid, which said temporary ill.,
june ion your petitioner seeks N such
proceedings to make p.rpetual
That meanwhile W. A Kinney, at
toruey OF petitioner in the said Hawai-
ism Islands, having failed to receive |
tefibite knowledge OF ssii Injunction |
proceedings aud OF the temporary in
jauctiOn issued as aforesaid oy reason !
Of the miscarriage OF the MALL, ap-
pear-d in the said Circuit CourL of the /
First Circuit, upon the sixth day OF
Dece mber, A d. 1895, aud obtsined a /
thirty days siidiriJna time in 1
which to answer plaintiffs complaint,
to VIII. until the sixth day OF January, /
ID 1886
That thereafter upon the sixth day
Of January aforesaid petitioners ar
torney, W. A. Kinney, oy that time
having been informed of the injune-
lion proceedings brought by Jour
petitioner, and being furnished with
certified copies thereof by petitioners
attorneys In San Francisco, to wit,
Messrs. Delmas & Shortridse, fled q
motion in the Circuit Court OF the
First Circuit aforesaid, entitled De-
fendant's motion TO continue further
proceedings until called up, . copy Of
which il hereto attached marked Ex
hibit "A.u
That upon the said sixth day of
January said motion coming up for
hesriug, your petitioners attorney,
the said W. A. Kinney, Discontinued
said motion without prejudice AMI /
upon the express understanding has
the said motion vould be renewed
later or upon the return of the said
W. \. Kinney from the leland of Ia
wall, whittier he was about to pro
ceed 70 attend term of the Circuit
Court of the Fourth Ju,IiciaI Circuit
And thereafter 10 Wit, upou the
day Of January, AID 1856,
the said w A Kinney having TeturIl.
81 from Hawaii a. aforesaid reBeSet
the ssid motion, s copy Of which Is
hereto attached marked Exhibit "B.u
That thereafter upon the twentieth
lay Of January, AID. 1886, the said
motion came up duly for hearing be
lore the Honorable A W. Carter. Il
First Judge OF the Circuit Court afore
aid, who after hearing the argument
1f petitioners counsel, and sitter con-
all the exhibits and zffidayi1s
made q part Of this motion, rendered
IN oral decision I'm oman eolrt uhi..h