The Pacific commercial advertiser., 1897-04-29
CIRCUIT COURT NEWS.
Several Important Cases Now on
the Docket.

The defendants in the case of Maria
Keaupuni Apao VS. ]. X Akina Ahana,
ct al, have filed a demurrer to com
plant of plaintiffs with petition for
dismissal. The plaintiff has filed
joinder in demurrer alleging that the
Court has Jurisdiction in the case.
In the case of ]. A. King. receiver.
VS.. B. F. Dillingham; ct al. in a bill for
cancellation of lease. the plaintiff in re-
pIication says that the defendants an
swer is untrue and uncertain, and that
he will prove his said bill to be true
and certain and sufficient.
The plaintiff in the case of Henry
Holmes. trustee, VS.. G.. A. Brown. and
Irene z. Brown has petitioned for a
dismissal OF the case by default. The
motion is based on the record of the
case.
The defendants in the case of ]. A.
King, receiver VS.. B. F. Dillingham;, ct
al have filed an answer to plaintiffs |
bill for cancellation of the lease upon |
the ground that they neither know nor
eeiver or that he was appointed as
such and duly authorized to commence
these proceedings. Defendants further
allege that even were he so appointed |
it was not within his authority to |
commence proceedings. They deny |
that the lease was obtained, by false
representation, and allege that Sumner |
signed the lease of his own free will. |
They further say that they understand |
that Summers share in the property |
was only an undivided half and that |
the other half is the property of JAS. |
L. Dowsett and that the annual rental |
is sufficient and just. They therefore |
ask for a dismissal of the case.
The annual accounts of s. K. Kane,
guardian of the Robinson minors, were
filed yesterday.
The defendants answer in the case
of Kemilia Holt, ct al VS.. ]. l.. Kaulu-
kou was filed yesterday.
The final receipts of w. Pfotenhauer.
assignee of the setate of G Mcintyre,
were filed yesterday.
Owing to- the death of W. James |
Smith. defendant. the plaintiffs in the |
case of Mary c. Aldrich. ct al have |
petitioned that the names Of Priscilla
E Hassinger ct al be substituted as
defendants as they are named as heirs
of W. James Smith.
r. F. Dillingham;, ct al in the case
of Byrne VS. Allen. ct al, suit to re
cover wages, have petitioned the Court
to amend their answer to the COM
plaint and to substitute portion OF
the contract made in consideration OF
the cancellation of all contracts then
existing and the agreement by Feek
to protect the Oahu Railway Company
against all liens for labor except GER
tain named ones. No bonds have as
vet been delivered to Feek.
r. III. r. WoIters has filed a COM
pIaint against Peter High & Co. con-
tractors. asking for $500 damages for
the non-completion OF his building on
the corner of King and Alakea streets.
according to contract. He also asks
for s.. 900 for being prevented by the
plaintiffs from opening a hotel in the
building. and for the loss of business
and profits which would have accrued
therefrom had he been able to open
the hotel on February 1st.
The Supreme Court has banded
down it's decision in the case OF Peter
High and Co. VS.. Francis Dunn and C.
F. Wolters TO compel the architect to
give his certificate of work completed
and the company TO make payment.
The decision of the Circuit Court from
which appeal was made. dismissing
the bill, on the ground that there was
a sufficient remedy at law, was sus-
tanned by the Supreme Court in it's
decision.