The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1899-05-11

This application for reargnent the decision reported
page 6S2,
The grounds OF the motion decision
points that not argued by COUNSEL determines
IN issue between the parties and before the
below nor before this appeal.
There appeals of Douglas X. Brown before this
court at the time OF the hearing of October 17 1898,
entitled the first above being appeal from pro
Decree dismssing the bill of the plaintiffs the other entitled
the second above being appeal decision
of the first judge of the circuit court, striking certain
from the of said Douglas plaintiffs
bill of revivor and ordering that the original commenced
November 10th, 1891 by Mary c. Arich Helen b. King
Harriet n Brown Henry Swinton, Charles E. s. Swnton
Helen NJ Sea-. douglas *. Brown and Norman Brown by
William c. King their friend, James Smith be revived
against Priscilla E. Iassineer, Henrietta E. Ross and H.
Iton substituted defendants and do stand in the plight
Smith.
The second appeal only argued and submitted the hear
by that appeal. There therefore the title the
decision reported 6S2 The title of that decision should
be the second title above.
the time the original suit commenced Douglas K
Brown, then minor made party plaintiff by William c.
King his friend. On May 18TH 1897 bill of revivor
filed setting forth that the defendant the original suit
died in Honolulu, March 90 1885, that Pri
ella Hassinger Henrietta T. Ross and Annie III. Turton
the heirs law of said W. James Smith, and asking that
the original suit be revived against them This bill of revivor
signed by William c. King alone and decree made
evvng the suit but the suit proceeded with the merits
though properly revived and decree on the merits was made
entered favor of the plaintiffs From this decree the
defendants appealed this
Douglas K Brown who had been made party plaintiff by
friend fled motion stating that he no longer minor
asking leave his appearance in his behalf and
at the same filed plea asking that his be stricken
the record plaintiff An to this plea filed
setting up of said Brown and other matters After
ment Douglas K Browns should be
stricken from the record plaintiff that the decree
appealed should be vacated and the bill remanded to
Judge of the such amendments plaintiffs
might advised and such further proceedings might
be necessary Thereupon the plaintiffs the second above
titled filed amended bill OF setting forth the
same facts original bill of and also addition
other facts mmaera upon the inquiry to who the
heirs at law W. James Smith but showing changes the
stains of several the plaintiffs the original bill filed
Amono other things alleged that Douglas K Brown had
become of age the fling of the original bill and declined
TO n in said amended bill revvo The bill prayed that the
su for general relief Douglas Il brown tiled
an answer amended bill of revivor admitting certain allie
cations thereof and setting forth facts that clearly showed his
adverse interests to the other parties plaintiff to the original
and asking the interests of such other plain
t and also adding prayer for such general relief the
might require.
We are opinion that is apparent from the record be
Douglas X. Brown wrongly mace party PLAIN
tiff original revived that the CONCLUSION arrived at
on the former hearing within the issues raised by the plead
nps then and the only question argued upon the
former hearing whether said Douglas K Brown was prop