The Independent. [volume] (Honolulu, H.I.) 1895-1905, 1900-05-03
Supreme Court Decisions.

-Four decisions were handed in
by the Supreme Court yesterday,
May God The first is in John A..
Butter6eld vs. Charles Bon. The
opinion is by Justice Whiting and
concurred in by Justice Frear and
Circuit Judge Stanley in place of
Chief Justice Judd. This case is in
reference to certain premises TO be
conveyed by plaintiff to defendant
on certain stated time, and when
the time came plaintiff rendered a
deed which defendant refused to &C.
cept on account of the title. The
syllabus says that "the statement OF
facts, on which the submission with
out action is based, not showing
with cert sinty that material fact
is agreed upon, it requiring evidence
to establish the same, is dismissed
without prejudice" Castle 81 Weav-
err for plaintiff; Henry Holmes for
defendant.
The second is in Union Feed Co,
Id, VS.. E. B. Thoma', on appeal
from the District Magistrate of Ho-
nolulu. Justice Whiting writes the
opinion, concurred in by Justice
Frear aud Acting Circuit Judge
Sillimau, in place Of the Chief JUS
tice, absent. 1t is an action OF as
sumpsit and is on motion to non
suit. The syllabus is as follows:
"On motion of defendant after plain
tiff rested, an order Of dismissal was
made by the District Magistrate on
the ground that the plaintiff in an
assumpsit action had failed to prove
that it was "a corporation duly or
ganized and existing under the laws
of Hawaii it having 80 alleged in,
its complaint. Before decision
was made, the plaintiff asked leave
to re- open the case and introduce
testimony of its corporate character.
Held, under the circumstances of
the case and the evidence already
produced, that at the most only
slight further formal proof was
necessary, and the case ought to
have been re.opened; that the grant.
ing of the nonsuit cannot be sus-
tanned, it is reversed and the case
remanded." G. G. Biting for plain
tiff; T. McCants Stewart for defend
ant.
The third is in g. W. Alloy VS.. M.
F. Scott, on appeal from the Circuit
Judge, Third Circuit 1t is an as
sumpsit suit for $46 65 in the Dis.
trict Court of South Kona. Justice
Frear writes the opinion, concurred
in by Justice Whiting aud Circuit
Judge Stanley, in place Of the Chief
Justice, absent. The syllabus states
that attorneys fees under Civil
Laws, Section 1891, are not allowed
upon the quashing of the summons
or service" Therefore, "the deci.
sion of the Circuit Judge is reyers-
ed" j. w. Cathcart for plaintiff;
l.. Andrews for defendant.
The fourth is in w. l.. Stanley,
Judge of the Circuit Court, First
Circuit, VS.. Akoi and j. II. Barenaba
on exceptions from First Circuit
Court. Service OF summons was
made upon Barenaba, the surety
who appeared and defended, but no
service was made on Akoi, the prin-
cipal, nor did he appear to defend.
And plaintiff brings this suit on this
bond and asks judgment for $500.
Justice Whiting writes the opinion,
concurred in by Justice Frear and
Lorrin Andrews, Esq, Of the Bar, in
place of the Chief Justice, absent.
The bond is joint obligation upon
the principal and surety. The de.
fendant claims that "the execution
OF the bond was not proven, but he
raises this point for the first time in
this Court and did not make any OBJ
lection or take any exception to the
admission of the bond in evidence
in the lower Courts, both District
and Circuit, so that this objection
cannot be considered here. How
ever, being admitted in evidence