The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1898-06-17

could not be fmpeached collaterauy.
OPINION THE COURT
This quiet the title certain lands in Kona,
Hawaii described Royal Patents Gran) Nos and
1t heard by the Circuit jury waived who
found for the plaintiff. Defendants bill of exceptions raises
but questionhe validity of the adoption of Kahna
by Nakookoo Both parties claim title through the said
Nakookoo The papers claimed by plaintiff have eecuated
the said adoption 5 follows
Petition To the Honorable r. G. Davis Associate jus
tce of the Supreme Court, in Probate The undersigned
Nakookoo O. resident of South Kona, Island of Hawaii
respectfully shows Your Honor that his daughter Keka
nui who is dead the mother of iegitmate
Kahna aged eleven years. that the said boy has
lived with his grandparents wit your petitioner and his wife
his infancy and has been treated by them their
child and that is the desire of your petitioner adopt him
that he may have all the rights of parent and may give him
all the privileges of Wherefore your petitioner pray that
proof above avermen make such
utilization and such other order the may require
your petitioner will pray (gned and verified by
oath before /. AIcCuly, clerk, July II, 1860
Supreme Court Probate, before Mr. Justice Davis in
chambers 18th July In the Matter of the Adoption of
Kahilina by Nakookoo.
he petitioner appeared together with the child mentioned
in the petition He stated the that he agreed in accord
with the prayer of his petition take the child his
educate him. support him and him his
and heir aahaa the petitioners wife her part consented in
open perform the duties of mother the said child
The therefore did order the adoption of the child
prayed for. l. McCulIy, clerk"
The only bearing upon this force
time 1866 are Sections $50 and 1868 Of the Civil Code
Section 853 defines certain powers of the Justices of the Supreme
Court at chambers, and is follows:
Sad Justices shall severaIly have power chambers
grant divorces and separations and decree almony egaze
the adoption children and decree the utilization of baars
Section 1868 prescribes that "Agree-
of adoption SHALL order validity recorded
of If 1+ofyv
such instrument shall be binding the dermen of third
parties, conclusive upon their rights and interests During
many years past adopons have been effected by written agree
of adoption executed by the parents of the subject Of the
adoption and by the adopting parties but there nothing in the
statute last quoted ntmating that adoption might be
accomplished by decree of Justice of the Supreme Court
judicial The circumstances of this particular
follows: Nakookoo had daughter Kekaanui who bore
Legitimate son. Kahikna by Naookoo and his wife
Haahaa had brought up and Kahna from infancy
their child When these parties before Mr. Justice
Davis Kahkna years old and his mother had died
There therefore, who could agreement
of adoption We consider that the adoption shown by the
record introduced valid There petition
the Justice setting forth the facts and prayer that aa
ton might be decreed and such other order may
require The Justice had and exercised the jurisdiction
ferred by Section $50 of the Civil Code He ordered the
adoption of the child prayed for" All the parties
before the Neither the rules Of pre-
scrbed the practice be pursued
satisfied with the parties We
know of statute practice then existing requiring that the
decree Of the Justice should be signed by the and
by the clerk. We take judicial knowledge that Hon. r. G.
Davis was Justice and L. 1cCully the clerk of the Supreme
Court at that date.
The decree in this attacked collatera collateral
attack will be successful ony upon showing of power
Van Fleets Collateral Attack, p Mr. Justice Davis
the power egalize the adoption of children however
informal the record may to be- be impeached
collaterally
We overrule the exceptions