The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1897-02-20

14-That the decree Of separation of DIR. and Madame
proved in accordance with the Com
piled Laws, page $40.
15-Tha no decree of separation of a Hawaiian had
been proved
16Incompeten testimony had been offered to prove the
allegation of the complaint.
1.-THE French "epouse eparee in the has
no judicial significance in Hawaii
1S-The French in the does within
Sec. of the Civil Code.
19-The power Antoine Perry reces that she is widow
2O-The claim is barred by the statute of limitations.
The denied the motion for judgment which
cepons taken and allowed"
We overrue all of the exceptions taken and will give
upon such of the points deem essential discuss
Where the agreement spoken of it means the agreement set
full in the first decision in this case ante page 1873.
Exception Even though defendants had admitted that
the will their had been probaed and that the de-
PENDANTS of his estate competent for
plaintiff introduce the probate proceedings and the will of
DIR. Trousseau contained by the estator him
self his financial this purpose will
material evidence for the plaintiff, the main fact for her to
prove being the ability of Dr. Trousseau the principal
mentioned in the agreement.
Exception The order of proof matter OF convenience
and largely the discretion of the party offering the evil
inmaterial which proved first the sigma
ture of Dr. Troueau the capacity OF the parties to make the
agreement.
Exception The competency of person to be admitted
expert foreign language matter in the discretion
of the Probably the Chancellor of the French Legation
being also French Notary competent witness could
obtained here reference the meaning of French words
Exception The agreement became evidence the proof
Dr. Trousseau signature thereto his being the
parties sought to be charged.
Exception 1t proper allow Mr. Harwel to state
the length and character of his acquaintance with Dr. rous
indicate the of knowledge of what he afterwards
testified without objection, wit, the admission of Dr.
separation between himself and
plaintiff, familiarity with his handwriting, &c.
Exception a letter of DIR, Trouseau to the French
Commissioner dated December 30 1891 stating that he handed
pounds francs, be RENTED Nine Trous
Paris competent evidence tending to show
admission of Dr. Troueaus to his obligations under the
agreement
Exception I. Any objection admitting the Code Napo
whole specifying the particular portions relied
at
fc portions applicable pointed out to the court
Exception Evidence of admissions of Dr. Trousseau
rmin expressions agreement the relations of
Nine. Trorsseau to himself competent
Exception The evidence of witness that Dr. lrosseau
separated from his wife ode corps ct de
bien evidence confirm the statement III the
agreement that plaintiff 'epouse separee'
Exception 10 similar exception and we make the
to it
Exception H. being point 1 upon which defendants moved
for Judgment This involves the question of the weight of evil
dence certainly proof that Nine lrousseau
was separated Dr. Trousseau by judicial decree, w.t.
the agreement signed by Dr. Iroseau that
epouse separee Separated wife), which was
planned by competent witness wife separated by
Judicial decree, and also the admissions OF Dr. rousseau Oral
admissions party the the existence
agreement proof against him even
though what necessarily be in writing This
proving the of paper by paro without prodc-
inc the paper The admissions stand different principle
that what party admits against himself reasonably be
taken TO be true The following may be referred
Smith r. Palmer, Cush. 513; Greenleaf Ev., Secs 90
9O3: SIntrIy r. Poots 6 NJ. & W., 663; Loomis u IFad
Exception 1t essential to the that the laws
of France and Hawaiian Islands the the
separation husband and wife 1t sufficient that by the
laws of Hawaii separated wife could the date of the
agreement with her husband. See Sec 1889
Civil Code Comp Laws p 40 The former decision mite
page 1873, settles this.
Exception There proof of the execution of the
agreement
Exception H. In view of our opinion exception
hold it was for plaintiff produce duly authen
cAted copy of the decree.
Exception 10. 1t not essential to separation
by The should take cognizance of
judicial separation foreign court determining the status
of he and her power o make the agreement.
Exception We find incompetent testimony allowed
In whether Offered" figure
in this
Exception II. The French "epouse eparee in the
agreement has the judicial significance in Hawaii that it
proved to have.