The Honolulu republican. [volume] (Honolulu, T.H.) 1900-1902, 1900-09-06
|uuUanuM| FILES
DEMURRER 70 SUIT
Brought by Ex-Mar-
shal Wilson for
Injunction.
DECREE Foa WlllLHl COMPANY.
RAwLINs GETS JUDGMENT IN
EyRcrHENT SUIT AGAINST
THE HARBoTTLEs.
The Report Of Master and Referee
Thompson in the Joseph Comes
Estats-HumburR's Pres
emit to Minors.


murrer in the bill for an Injunction
brought against her by Charles B. Will
son. The demurrer reads as follows:
Now comes the defendant in the
above entitled cause. and, not confess
ing or admitting any of the matters
and things alleged in plaintiffs bill OF
complaint to be true as the same are
therein. alleged and set forth, demurs
to said complaint on the following
grounds:
THAT the said plaintiff has not. IN
and by his said bill, made or stated
such cause as does or ought to en-
title him to any such relief as is there
by sought and prayed for from or
against this defendant.
That neither the commissioners
deed nor the declaration Of trust men
copies thereof, are attached to or made
part of said bill
That neither the promises or agree
ments alleged in said bill. and Of which
the plaintiff by said bill seeks to have
the benefit, nor any memorandum Or
note thereof was ever reduced to writ
ing or signed by this defendant or any
person authorized thereunto within the
meaning of the statute for the pre-
vention of frauds and perjuries.
That said bill is uncertain, incon-
c,ie,$ nj I'M oil tn Hot &c
not made to appear upon which Of the
several alleged promises OF the de-
PENDANT the plaintiff relies as a ground
of the relief prayed.
Wherefore said defendant prays
judgment of this honorable court
whether she shall be required to make
any other or further answer to said
bill; that said bill may be dismissed,
and that she may have her costs in
this behalf sustained"
Robertson & Wilder are defend
ants attorneys.
In the case Of the Wahiawa Sugar
Company. Ltd, plaintiff, VS.. Waialua
Agricultural Company, ltd, Judge
Humphreys has issued decree sustain
ing defendants plea in abatement, and
that all further proceedings in the
cause be suspended until the plaintiffs
title is settled by action at law or
other appropriate proceedings.
In the matter of the guardianship of
Emelia, Kihelu, Kawekiu, William Ma
unaloa and Annie Valiant, minors, ].
NJ Peenahele, father of William Maui
naloa and Annie valiant and grand
father Of Emelia Kihelu and Kawekiu,
petitions that he be appointed guard
ian. The children own an interest in
three parcels Of land.
Judge Humphreys has rendered de-
cision in the ejectment suit of T. W.
Rawlins vs. Maraea K Harbottle and
William Harbottle. The court finds for
the plaintiff. awarding him certain
piece Of land at Palama, Honolulu, and
containing in all 1900 square feet. more
or less.
Frank E. Thompson, master and ref
cree in the matter of the estate of Jo-
seph Comes, deceased, has filed his re-
port. 1t says:
Eat the hearing of this matter on
August "a. 1900, J.Alfred Magoon, Esq,
for the administrator de honis non,
stated that the accounts had been pass
ed upon by master Mr. Magoon has
since informed me land it appears from
the files) that he was in error. and that
the accounts have not been passed
upon. In order to avoid, il possible,
the delay incident to new reference,
have examined said accounts, check
ed over thesvouchers and commissions.
both on principal and income, all IT
which I find correct.
5 The administrator charges himself
with $3.7SS.01. and asks that he be al
lowed 3, 2S2 sc. leaving q balance still
undistributed Of 81, 5v5.e5.s
Notice Of hearing Of petition con-
tinues thesreport, 'for allowance II
final accounts. distribution and dis
charge was duly published In the Ho-
nolulu Republican.
s.In going over the flles in this mat
ter find that in the petition for letters
Of administration there II included N
the assets Of this estate the sum Of $500
or thereabouts. held by the Portuguese
Benefit Society. This amount does not
appear to have besn collected. or Il coll
leeted Is not accounted for.
The accounts a. they stand should.
submit, be passed: but before passing
same would respectfully recommend
that the item Of $50 be accounted for. -