The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1898-11-08
SuDIsns Court Decision Oh star
Of Italy.
LAW A MUNICIPAL REGULATION
Another Opinion From highest
ACKNOWLEDGEMENTS OF
Edwards.

In the matter Of Mele (w), Kahoaka
tv), Kahele (w). and Julia Dono, a
minor, by her guardian ad litem vs..
The Hawaiian Commercial and sugar
Company, a foreign corporation, tres
pass, decision on demurrer has been
rendered by Judge Perry. This Is
claim for $4,000 damages for plain
tin" rpsnlting 10 them, the declara-
tons AYERS, in that the defendant
forclbly broke and unjustly and con-
trary to law and the rights of plain
tin entered upon" certain lands Of the
plaintiffs at Hoalua. Island Of Maui
Defendant dcmurs on the grounds %
that the complaint does not state
facts sufficient 80 constitute cause
Of action" 90 that the complaint Is
ambiguous, unintelligible and uncer-
tain, and 49, that II the complaint
shall he held to state facts Sufficient
TO constitute cause of action, then
several causes of action have been i'm
properly united" The demurrer Is
sustained. A. &. Correa for plaintiffs,
A. 5. HartSell for defendant.
S. G. Allen and NJ. =. Robinson have
filed their annual account as trustees
in the estate of James Robertson with
Mr.. George Lucas, clerk of the Circuit
Court.
In the Circuit Court, at chambers,
in waikulani VS.. j. o. Carter ct al,
trustees, before Judge Perry, on Sat
urday last, plaintiff was ordered to fife
a bond in the sum OF $500. Mr.. L. A.
Dickey, for plaintiff, notes an eXcep-
ton which is allowed by the Court.
Kinney. Ballou a. McClanahan for de-
PENDANTS.
In the Circuit Court Henry Smith,
plaintiff, VS.. Hamakua Mill Company.
Ltd, a Hawaiian corporation, defend
ant, ejectment, continued from Feb
ruary term, decision was rendered by
Judge Stanley on Saturday last. This
is a suit instituted by the plaintiff TO
recover from the defendant an undi-
vided one-fourth interest in the Ahu-
puaa, of Kohalalele, situated at Ha-
makua, Hawaii, granted to Kailakanoa
by L. c. A. 26B, Il. p. 4.527 and $4,000
damages for detention thereof by the
defendant. The plaintif claims title
In fee simple 'by conveyance from Iie-
ala koiula and Aalaioa, who derived
title by descent from kapehe, who de-
rived title by descent from Huakini,
who derived title by descent from Kai-
lakanoa, the original awardee."
The Court, after a lengthy review
finds that following the case of keahi
VS.. Bishop 3 Haw. SAC, the decision and
decree OF Judge Allen in the estate of
KailakanOa estops the plaintiff from
maintaining the present action. and
accordingly sustains the defendants
plea in Bar. Lyle A. Dickey for plain
tiff: Cecil Brown for defendant.
In the Circuit Court. in equity, c.
Lai Young, guardian of the person and
property of Laahia, a minor, VS.. I. ii.
Barenaba, has filed injunction bond be-
fore Judge A. Perry in the sum OF
$500.
In the Supreme Court Of the Hawaii
an Islands. Lincoln ID. Spencer VS.. f.
b. McStocker, collector general of Gus
toms, mandamus submitted September
80, 1898, decision was rendered on No
vember 4th, 1898, Judd, c. j., Whiting
J, and Il. ID. Silliman, Esq, of the bar
in place Of Frear, j., absent.
"a Upon the refusal OF the Col.
lector General Of Customs to register
a vessel under Chapter XXXII, Laws
1898. the applicant may apply to a
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~ t1,.na,,an sur G "pon lain ,,.
Ciro,,i, Tadaa haO tnr;"a,n,;o "n ,he
subject matter thereof
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un'a oase 20 my 'sI Vi t.ai!. sore
psope.ss v, p,a'n'in, lor mhnn So,te.,, ,
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