Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1898-01-14
SUPREME COURT DECISIONS
Argument in the Rookie Cases Over and
DemurrerS Submitted.
Judge Wilcox viii Soon Know What 10 Do
About Certain Suits Brought in
His Court.

10 the Supreme Court A. S.
Humphreys, counsel for defend
ants in the suit of Oahu Lumber
and Building Company VS. Hee
Kin and Hoy Wing, has fled a
motion for leave to file the sur.
render of a lease, and an agree
ment in relation thereto, the exis
tence of which plaintiff alleges to
be its ground for damages. Said
defendants also further move the
Court to affirm the decision and
judgment of the Circuit Court, or
ror,i any there be in said ruling
and judgment, having been cured
by said surrender and agreement.
In the case Of John Kalaukoa
VS.. VIM. Henry. plaintiff has filed
his bill of costs amounting to
S55 80.
Justice Whiting is the author
IF a unanimous decision Of the
Supreme Court in the case Of I'M.
Nivas vs.. Aswan, on appeal from
the District Court of Honolulu.
The rule is laid down that judg
ment Of non-suit is no bar to an
other action for the same cause.
The appeal is sustained aud the
Judgment of the lower court vacat
ed and the case is remanded to the
District Magistrate who is directed
to override the plea in bar. A. G.
Uorrea and A. S. Humphreys for
plaintiff; j. A. Magoon for defen
dant.
III the assumpsit case of VI. G..
Silva vs. Nj. j. Cabral, on appeal
to the Circuit Court from the Dis
trict Court of Honolulu, where
Judgment was rem tered for de.
PENDANT, Judge Stanley has filed
decision giving judgment to the
plaintiff for the amount claimed.
The plaintiff sold certain goods to
one William Fernandes on the
assurance by the defendant that
il Fernandes failed or refused t.
pay for the same the defendant
would be responsible. The de.
PENDANT admits the promise and
that Fernandes has failed to pay
but claims that he has not re
fused to do SO The Court rules that
the defendant did so refuse
both orally and in writing and
that the statute of frauds does not
apply. J. Q. Wood for plaintiff;
defendant in person.
In the separation suit of Bar.
bara Wolter VS.. E H. F. Wolter, a
motion has been filed on behalf OF
plaintiff for temporary alimony at
S25 per week and 5000 counsel
fees. j. A. Magoon and Charles
Creighton for plaintiff.
In the matter of the application
of Ahln by i. A. Dickey, mis- next
friend, for "A writ of mandamus
requiring the District Magistrate
to entertain a certain suit, the
Supreme Court in a unanimous
opinion written by Justice Frear
decides that a District Magistrate
may permit a next friend to
bring an action for an in
FAINT in his Court, and
orders that a peremptory writ
may issue as prayed for. No
costs to be taxed to either party
l.. A. Dickey for the applicant;
Attorney General w. o. Smith,
contra. This suit was an amicable
one, brought fer the purpose of
securing II ruling from the Su
preme Court on a matter long in
dispute.
Argument in the Rookie cases
lasted nearly all day yesterday.
Mr.. Msgoon finished at noon.
After recess Mr.. Ballou followed
on behalf of the Bishop Estate
and A. G.. NJ. Robertson and p. l..
Weaver for the Queens hospital.
Mr.. Magoon then made the clos
ing argument and the cause was
submitted. Briefs to be filed with.
in twenty laVS.