The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1898-10-04
IN A LAND CASE
Supreme Court Makes Ru-
ling on Various Points.
in the Rutmann Cases
8. City of olumbia-EState
Order From Hawaii.

A decision in the case of Joseph
Flores, Jr.s ct al. VS.. J. Maka, action "a
quiet title, was filed by the Supreme
Court yesterday, ordering that the de-
cree of the Circuit Judge be set aside
and the case rems nded to the Circuit
Court of the Fourth Judicial Circuit
which Court IS directed To- order the
decree to be set aside of record and
that judgment b. entered up for the
plaintiffs. The plaintiffs claimed fee
simple title in one undivided quarter
of piece of land n Hilo, Hawaii. The
defendant also claimed an interest in
the same. Plaintiff brought his action
to quiet title under the statute. filing
his complaint on which summons is
sued returnable al a term OF the Cir
cult Court of the Fourth Judicial Cir
cult, and instead of a judgment, a de-
cree in equity was made in his favor,
from which the defendant appeals to
this Court. In it's summary the Court
says: AN action TO quiet title under
Chapter IS. Session Laws of 1890, is an
action at law, and a judgment at law
should be entered up when the case is
decided. 4 decree in equity in such
action is error and the case is remand
ed to the Circuit Court to revoke and
annup the decree entered, and enter
a judgment on the decision rendered"
Wilder, Wise and Wakefield, for plain
tiffs; Little & GalbraiUh, for defend
ant.
Keukahl has entered a bill for IN
junction and other relief against W. B..
Kaluna and w. r. Castle, trustee. Ka-
luna mortgaged certain lands at Hama,
Maui, to w. r. Castle. Plaintiff claims
the land and declares that Kaluna has
no interest whatever in it. w. r.
Castle has moved to foreclose, which
brings up the suit. Magoon and Silli-
man for plaintiff.
In Judge Perry's Court yesterday
morning the case of John F. Hackfeld,
administrators, VS.. Z. Ludowicko, mo-
ton for execution, etc, was argued and
motion denied.
Judge Hitchcock, of Hawaii, has or
dered Henry Smith, receiver and trus-
tee, to pay the sum of S1,170.O9, now
in his hands, less costs and expenses,
to the following children of Lui PHI
moku: Helen Piimoku, daughter, enc
third; Moolau, wife OF Kaiako, another
daughter, one-third; and to Lukela
Piimoku, minor son, One-third.
y
latter is authorized to receipt for his
share.
The case of G.. VI. Rutmann, from
Hilo, was argued in Supreme Court
Yesterday and submitted The case
was on the admissa Utility of certain evil
dence and exceptions to the charge.
Mr.. Humphreys was on the bench in
place of Justice Frear. Dole for pro-
secution: Neumann for defendant.
The Supreme Court, S. NJ. Ballou in
place of Mr.. Justice Frear, heard the
claim of II. Zerbe against the Govern
ment for additional salary claimed for
work in Custom House. After eXamin-
alton of witnesses and argument by
respective counsel the matter was TAX
en- under advisement. Ten days were
allowed defense for filing briefs. Davis
for claimant; Atkinson for the Govern
ment.
The Columbia case trial came to an
end at 4:10 yesterday afternoon in
Judge Perry's Court. At that hour
the Court took the matter under adj
visement. During the day argument
was made by Mr.. Hatch and Mr.. Cay
pless for defense and Mr. Kinney for
the prosecution.
The Rose Berliner libel against the
steamer Columbia will be taken up in
Judge Perry's Court at $50 this morn
ing.
John L. Smith has been admitted
from Hilo as a practitioner before the
Supreme Court.