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


the return the ground that the respondents peti-
toners soownershp sufficient present II
TO be tried
In the "Wilscott case, the petition motion to
quash similar those in the Euerp case and the mo-
ton quash overruled on the same ground.
In the Fails of Clyde case, the petition that
in the Euerpe but the up only three
for non-perfornance namely, the
EuterTe and corresponding the 4th that
but worled differently follows:
That he is satisfied that the said ship Clyde
is wholly owned by the petitioner Arthur Brown
there Is citizen" &c.
The Judge was not positive and iii
denial of the material fact stated in the petition
insufficient and accordingly he sustained the quah
the but, upon motion, permitted respondent amend
bis and then overrued motion quash amended
The several petitioners appealed.
We shall only points raised in argument in
this
First that the eeses are inconsistent 1t seems to us that
the defenes cumulative rather than
they inconsistent the Judge might in his discretion
stricken and allowed consistent
stand.
Secondly that the impairment and frivolous The
denial in each that the petitioner is sole
sci is certainly neither impairment frivolous.
Thirdly, that the indefinite ambiguous unccr
tain This is directed the first three defenses
in the \ glance these allegations
will show that they indefinite and uncertain
anedme the first could be ground that
allegation of the fact that the Collector General salts
fled that legal impedment existed
his decision could be reviewed by the courts but ques
ton disposed of in the of the China IL Haw IFS
Fourhy, that the denial of petitioners soeownership
information and belief is insufficient No other objection
made to the form of this allegation of the
ded that denial information and belief
the petitioner might in fact be sole though the
spondent should be that was
and that therefore there positive direct denial of petit
toners corresponding allegation The petitioners rely
souri, and New York The Missouri
Williams, 90 Mo. 49, IS, and State TraD,nc So
SIS In the second of these does appear what
the form of the denial merely said by the have
been information and belief; objection made by
sci to that form of pleading and the allowed
the reply seemed confess the facts pleaded. The
dcn of the that denial information and belief
insufficient because ect positive was based
the earlier entirely. Now turning case
find that the avemen in the present direct
and positive denial information and belief of the alleged
in the petition but merely that the respondent
had ''no knowledge information sufficient belief
way the oher also that the in the auhor
ties relied by the court, dena in the
turn must be positive and direct pointed by the
Circuit Judge this made with reference
ton between such dena and those merely by inference
and not with reference the distinction between denials
ones knowledge and those information and belief
The New York People Norton, II Abb Pr
AZ, 81, and People Common Council y. y 5O3.
In the second of these avermen merely that r
dent lis informed and believes that the present
positive denial on information and belief"
ponden be informed and may believe alleged fact
is not true and the alleged fact be such allie
CATION differs from positive denial of the alleged
fact accompanied with statement the know
edge An of information and differs from an
information and belief practice is to
in both "The respondent informed and
ieve and information and belief the be-
The opinion this point this second case based