Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1896-08-10
IN THE HIGHER COURTS
JURIsDICTION OvERRIDDEN BY A
COUNTRY mAGIsTR ATE.
wiz OF the Late j. q. r. Horn-Pro-
ceedings at Circuit Court
Jury Term.

ing, with both native and foreign
iuries in attendance, when the
calendar was called there were
several cases in which the attor-
neys interested put in no appear
ance. Business men on the jury
were highly gratified to hear
Judge Carter quietly remark that
in all such cases hereafter be
would be prepared to hear mo-
ton to dismiss the action by the
opposing party on the spot. There
are some dilatory attorneys who
think that courts should await
their pleasure before trying case,
but Judge Carter is evidently of
different opinion.
The Supreme Court by Justice
Frear, with whom by stipulation
only the Chief Justice sat, has
rendered a decision in A. +. Con
salves VS.. Pakiho. 1t reverses the
judgment of the District Court of
South Kona, Hawaii, which was
beyond his jurisdiction in order
ing specific performance Of con-
tract, and in that it was rendered
for both parties, and in that it
cannot be enforced by any pro-
cess that the District Magis-
trate can issue. The case
is remanded to the Dis
trict Court of South Kona for
new trial. Creighton & Correa
for plaintiff; Thurston & Stanley
for defendant.
Mrs. Ruth Horn petitions for
probate of the will of her late
husband, j. G. F. Horn, in which
she is named as devisee, legatee
and executrix. There is personal
property of about $500 and no
real estate. The will is a holo.
graph one executed in presence
of Robert w. McChesney and
Jesse M. McChesney on April 26,
1889, when the testator was sixty
three years old.
Judge Carter adjudged libels
for divorce on Saturday as fol-
lows:
Kahinu W VS.. Kahoaliilii k.
Granted for adultery. Kane for
petitioner.
Esther Kamakolu VS.. S. 7. Kai-
apa. Granted for desertion. Ka-
hookano for petitioner.
Kaai W VS.. Piipii k. Granted
for desertion.
Wilhelmina Vogel VS.. Hans B.
A. Vogel. Granted for extreme
cruelty, and children awarded to
the custoday of petitioner. Kin
ney q Ballou for petitioner.
G. Bosse, administrator of the
estate of ID. III. Nahinu, petitions
for leave to sell real estate.
I'll. Focke and Cecil Brown,
trustees of the estate of James
Gay, have rendered their annual
account. Receipts $6S95.04, pay
ments S6625.l1, balance S269.93.
The stock on the ranch consists of
AL head cattle, 5 mules, 6 mares
and 3 stations. Horses were sold
realizing SlS52.SS during the year.
Cattle increased by Ill head, none
having been sold.
In the suit of Jas. j. Byren VS..
John Allen and others, b. f. Dill
bingham answers for himself and
the Oahu Railway and Land Com
pany, to the effect that A. Feek,
one of the defendants, was pro-
missed seven bonds of $1,000 each
par value, bearing per cent. in
terest, to be delivered after COM
pletion of the railway from Waia-
nae to Kaena Point, and that if
the road should not be extended
the value of Feek's interest in the
railway would not be worth one
cent.
Judge Garter is hearing the
trial by native jury of Kanoii
VS.. q. X. Kaiopahia and others.
Ejectment. Castle and johnson
for plaintiff; Magoon and Dole for
defendants.