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

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That at the same time the said
Judge caused the following order TO be
entered upon the clerks minutes of
the proceedings, to wit. "The Court
states that 1t declines TO entertain the
motion, aud defendant il allowed two
weeks in which TO answer"
And thereafter to wit, upon the
twenty -first d,y of january, A ID.
1896. petitioners attorney the said w.
A. Kinney prepared a form of order
incorporating as he understood them
the findings and orders by the Circuit
Judge aforesaid the preceding day,
upon petitioners said motion heard
that day.
That thereafter to wit. upon the
'wenty-secOnd day of January, A. D.
1895, in open court, the petitioners
counsel the said w. A kinney upon
due noti e To the attorneys Of the Ha-
WaIian Com mercial aud Sugar Com
pany, to vii, Messrs HartwelI, Thurs
tou and Stanley, presented to the said
Circuit Court Judge a form of the
order he had pre- Jared and requested
the said Judge to sign the same, the
petitioners counsel having 3 r=ady
been informed 10y the saiu attorneys
! for the said Hawaiian Commercial
and Sugar Company that in their
opinion no written order was nece=
sary or proper outside of that alreaiy
entered upon the clerks minutes, said
order not being appealable and not re
quiring to be signed by the Judge.
That the said Circuit Judge, upon
presentation of the said orter declin
| ed to sign the same, but caused the
| following order to be entered upon
the clerks minutes of the proceed
| ings, to wit: sfThe Court refuses to
sign an order having declines to en-
| terrain or hear the motion to suspend
proceedings until called up" And
your petitioner represents unto the
| Court and claims that by virtue of the
premises and the refusal of the sail
| Circuit Court Judge to sign any order
disposing of your petitioners motion
aforesaid entitled: Defendants mo-
ton to continue further proceedings
until called up Exhibit b, your pc
titioner is precluded from appealing
or attempting to appeal from the re-
fusal to allow petitioners said motion
for stay of proceedings, for that the
rules of the said Circuit Court pre-
clude an appeal until the order or
decree sought to be appealed from has
been signed by the Judge making the
same.
And your petitioner further submits
that it was the duty of said Judge To
sign an order as aforesaid AMI that
the said Circuit Judge in claiming
that he has not heard or determined
petitioners said motion to stay pro-
ceedings is in error; but if sucu con
tention of the said Circuit Judge Is
correct, your petitioner submits that
he is entitled to the mandate OF this
Court directing the said Circuit Judge
and compelling MIN to proceed to
hear and determine your petitioners
laid motion, and if as your petitioner
contends, the said Circuit Judge has
heard and determined the petitioners
said motion for stay of proceedings,
then your petitioner submits that he
is entitled to the mandate of this
Court directing the said Circuit Judge
to sign the order in conformity with
his said decision and the clerks miu-
utes aforesaid.
That your petitioner believes and
alleges that iC would be detrimental
and do irreparable injury to his inter
est and rights involved in the said in
junction proceedings brought by him
as aforesaid in the State of California,
to answer complaint of the Hawaiian
numerical and Sugar Company in |
the said Circuit Court of the First CIR
cult, and that it Is an abuse of dlscre- |
ton and violation of the comfy which |
should he accorded the said Court in |
the State of California for the Circuit |
Judge aforesaid of the First Circuit, TO !
compel petitioner to answer in the
suit brought therein before said in
junction proceedings can be deter
mined and heard in the proceedings |
now pending in the foreign Court |
more particularly as a fail
ure to answer until said injunction
have been determined is
not shown to be likely to work injury
to the said corporation.
Wherefore your petitioner prays
that writ of mandamus issue direct
ing the said A. w. Carter, Circuit
Judge of the First Circuit, TO proceed
to sign an appropriate order in con
with his findings aud decision
given upon the hearing Of petitioners
said motion for stay of proceedings
Or to show cause to the contrary at
such time as the Court shalI set for
hearing thereof, or if the Court is of
the opinion, upon the showing herein
that the said Circuit Judge has not
heard and determined petitioners
said motion for a stay of proceedings .
put declined so to do, that the Court
ssue writ of mandamus directed TO
he said A. w. Carter, Circuit Judge
Aforesaid, commanding him to pro-
ICED forthwith TO hear and determine {
said motion, and for such
,ther and further relief as to the 4
Court may seem meet.
Your petitioner make all the plead t
ngs, motions, exhibits, affidavits and t
'ther papers and documents on file in {
he said Circuit Court, in the case /
.foresaid of the Hawaiian CONNER i
ial and Sugar Company against your G
petitioner part of this petition, and '
makes profert herein of the same, and y
rays leave to refer to the same, and J
hat the same be read in connection 1
With and as q part of this petition" t
An alternative writ was issued re-
urnable before US Oh the 1st Febru- 8
ry. L
The respondent showed cause as C
pillows:
"And now comes the said A. w.
'arter, First Judge of said Circuit
,ourt, pursuant 90 the order herein
lade to show cause why peremptory