The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1898-04-21
ORIGINAL JURISDICTION.
SUBMITTED FEBRUARY II, 1898.
DECIDED MARCH IS, 1898

SUBMITTED FEBRUARY A. DECIDED MARCH IS 1895
JUDD, o. WHITING j.. AND L. A. DcKEY ESQ.
BAR, IN OF Mr. JUSTICE FREAR, DISQUALIFIED
Jurisdiction a in equity
by the next friend of X s. alleged be NON
guardianship the
in writing affecting said J. X SIS property alleged have been
by power to appoint
under the circumstances The Judge ecreed the relief prayed
The object accomplished
prohibition
fOrbids
OPINION OF THE COURT BY JUDD CT
This application filed February l. 1885, by X.
Sumner for writ of prohibition directed the First Judge of
the Circuit Court First Circuit and j. A. King receiver of the
estate of the said Sumner orbdng them proceed further
order made in the of John K Sumner,
c0np0s mentis, by his friend, Crandel APP
pointing the said j. A. King The issued and
the motion to make it absolute heard by the 18th
February last in vacation The petition alleges that Feb
49, 1895, the petitioner out of the Republic and
beyond seas That ON that date without notice to petitioner
bill in equity entitled 81 X. his friend Maria
S. Davis NJ F. Crande filed and given
3 DAVIS by the Second Judge OF the Circuit Court to prosecute
said suit the next friend of the petitioners the bill pupored
to be "the bill of j. X Sumner, copos me by Maria
s. Davis his sister and next friend, showing follows
l. That the plaintiff residing in the State of California
is about "A years of age and the of large of
valuable real and property Islands,
wit, of the value of 100000.
g 'Tha the mind and memory of the plaintiff have for
falling and that he is now and for some months
gently transact business
The bill goes on to aver in substance that the defendant
"by appealing the prejudces of the plaintiff and by false
representations and by other wicked and corrupt practices has
obtained complete control the plaintiff and that by the
of said false representations and wicked and corrupt
practices the defendant the Odd day of December 1894
induced the plaintiff to give him of attorney being
very general power for collecting money bringing suit for
the same, selling purchasing leasing and morgagng lands,
nogagng and in any way dealing in goods and other prop
erty CTh power Of attorney which subsequently filed
and part the record appears be of the gen
eral printed forms used in California;.
That said friend informed and believes that
the said defendant making and doing other under
said power of attorney that preudcal the best inter
of the plaintiff and negotiating and dealing with the
property of the plaintiff in that will bring loss dis
aster and ruin upon the plaintiff"
s. That defendant is person without property and could
respond in damages for any claims that plaintiff might have
against him by of his improper actions and mismanage
of plaintiffs property under said power of attorney.
and de made exercised and practced by the defendant
the plaintiff, the plaintiff induced to leave the Hawaiian
Islands in great haste for California upon the 8th dav Of
February 1885, and is compelled by the remain
away
defendant had obtained said
and of the power and control that the defendant had
the plaintiff and had knowledge of the proposed depart
of the plaintiff until it late prevent the
The bill chat A King be appointed receiver for the
plaintiff with power take collect and all
rents, issues and profits Of the estate and property of the
PLAINTIFF
said power of attorney be revoked defendant
ordered produce the in for cancellation, with all
documents papers and title deeds IN his possession under
his control relating the and property Of the plaintiff
discovery and and for injunction against defen
dans ansactng any further business under said power
attorney.
The bill signed by "AGaria s. Davis" J. Alfred Magoon
Solicitor for the plaintiff and by Maria S. Davis
Summons issued February 49, 1895, the BILL together
with injunction prayed for
Defendants answer dated March T. 1895 denies that the
memory of Sumner had been failing he was
unable understand his affairs business ntelI
gently that defendant had appealed his preiudices or
false representations used other wicked or
corrupt practices thereby obtained any over Sumner
him thereby give the power of attorney or that
under the power of attorney he making or ono
preiudiced Summers best interests that Sumner
induced leave the Hawaiian Islands defendants
fraudulent representations etc. or that he thereby COM
PEELED to remain away.
Nessrs Castle and Neumann appeared for defendant