The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1899-07-01

and belief No distinction noticed between the form OF
the averInents in the eases but the evidently felt that
there need Of qualification To- general rule laid
down in the earlier eases AMI added the following:
In order prevent any i~,orr,c,i.n il should be
added that the rule which renders enials information and
belief thus unavailnG IN nandams proceedings docs not
understand IT, - FAR TO condemn them under all ccum
stances here may To- where public officer other Tarty
proceeded against possibly have ocnizancc Of
ubctatter except such Is based upon
others y" court we believe, would hold that denial affirm
alive allegation coming from situated mus - dirccard
cd because made information and belief II satisfactorily
appeared that the witnesses Possessing personal kn.vlc Of
the matter were inaccessible and If the aant stated such
of information and grounds 81 belief convince
court Of the existence Of a substantial defense
Afterwards a motion for rcarumcnt sud they
had doubt the order granting the would H. upon
proper conditions and the respondents L. permitted replace
their adav with others drawn accordance with suecs
tcns made in the opinion Of the - " Y. Supp
The respondent relies People AIameda County, IS
Cal 800 and State Cooley Mimi. 51i In the first
of these there denial the bar 'uron
formation and belief The sustained the pleading and
overrued motion to strike it In the Minnesota
sci cited the Missouri and New York cases but the
cd the allegations made belief, saying
among other things:
The respondent contends that dcna> upon information and
belief permissible in a OF mandamus,
especially when made by county officer having personal
interest in the controversy Several OF the allegations the
which pleaded affirmative defense are stated up
information and belief If this OF pleading permit
ted that public officer should certainly be allow
cd to do Many facts might exist and transactions take place.
of which he could have the Of knowing personally
positively and to which ne in no way was party and of which
1t would be difficult for him obtain positive knowledge
peciay without spending much time for such purpose and
which might greatly interfere with the faithful discharge of his
official duties He might lie informed Of such alleged facts
transactions which he believed to bc and 1t would
he unjust that hc should be deprived through ichnccs
of form, from alleging their upon
formation and belief
"a conscientious and honest public officer should
not be deprived of his substantial rights because lac feels that hc
only uhfuly aegc the existence Of certain facts sub
antiating those rights upon information and belief However
sincerely he believe In the existence Of such yet
knowing with absolute certainty existence
be permitted agc such facts upon information belief
and not be driven out of because c would not utter false
hood commit perjury"
1t that this reasoning sound. We may add
that the of the ancient law rule which required
certainty certain intent in every particular
alternative Of mandamus has
ainty to certain intent in general all that required and
has been held that such certainty succs in other proceed
ngs is sufficient mandamus proceedings High Extr. L
Rem. Sec AL. Such has been the prevailing here
shown in practice There is nothing that
forbds denial on information and belief in n return.
Ii adopt the rule of should
he obliged look back of the petition
in of these least For in the first place. find in
the books general statements in regard the petition similar
those in regard 60 the respect the degree Of
veness and disnctnes required and appears have been
held that affidavit that the forth in the petition
to the best of atlantis knowledge information and he
lief Is insufficient ec Cunning ShoahaH .3 Ill App lis,
not hand but dgesicd in Gen Dig 1ii0 and yet IN the
first OF the before the allegations az the petition
information and belief Again. the return q sup
posed to be the alternative writ only and there
allegation recital in the alternative either the
first in regard the matter Of solc,wncrshp such
matter appearing in the petition only.
In opinion positive and direct denial though incr-
nation and belief sufficient under the circumstances Of the
present
We pass the remaining dcfcn-,s zc up ia
the
First, that the respondent has lcn directed b Minister