The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1900-05-07
IN THE SUPREME COURT OF rHP NJ
ISLANDS. 's
DECEMBER TERN, 1899

w. /. STANLEY, JUDGE OF THE C1pcr,-
FIRST CIRCUIT, 4. AkOI and J H. BApprl
EXCEPTIONS FROM CIRCUIT cornr, FIRST cI,,-
SUBMITTED DECEMBER 10, 1899. Drc,n,. "
FREAE AND WHITING, j., AND L. ANDREWS. F.,
PLACE OF JUDD, CD, Agsrx 9"
service of summons made the PRINCIPAL at9 Ha
defend Held, not necessary to 81; joint oh CS a
1t not necessary for plaintiff first exhaust all :,
the principal before proceeding against the sur his &
The complaint sets forth cause OF action the ey
judgmet.
OPINION OF THE COURT BY WHITING
This is an action, jury waived, brought asan, !
and surety for breach of the conditions Of = onr 4
The action commenced in the District Cor -
and from judgment therein for the plaintiff an sr
to the Circuit Court by the defendant Barenabs \
the bond. The complaint of plaintiff says That
day of March, 1895, defendants entered into LsI
Cooper, Second Judge of the Circuit Court Of the
in the penal sum of two hundred dollars. copdli.
proper performance by the defendant Akoi Of l.
guardian of the person and property of Iaahis
kallua, koolaupoko, copy of which bond is ban.
and made part hereof. That on the 23d dav q E
1898, said defendant Akoi was by order of A. PERI n
Of the Circuit Court of the First Circuit discbarr
of the person and property of said Laaha, and 4
of Honolulu appointed as such guardian in biz !,
Akoi was ordered to pay to said c. Lai Young Trl
of $4,000 which was the amount remaining I'M
the credit of the ward at the time of his discha
That though requested said Akoi has failed and nj
pay said until this date and no one else has r
to said c. Lai Young, guardian. That this failure
of the condition of said bond. Wherefore plaintiff
suit on said bond and asks judgment for 5000
Service OF summons was made upon Barenaba TIES
appeared and defended, but no service was made
principal nor did he appear to defend
The bond is a joint obligation and two Of the sr
be performed by the principal are as follows: 20
an account, oath, of the property in his hands ind
proceeds of all real estate sold by him and of the
and disposition of all such property within one Yea
appointment and at such other times as the Judge
direct. 4th At the expiration of his trust settle
with the judge of probate, or with the ward or his
sentatives, and pay over and deliver all the essp
remaining in his hands due from him on such II
the person or persons who shall be lawfully entia
First exception. Defendant objects to further Fr
this by plaintiff for the reason that the etu-
herein fails to show any service upon the prnelG
and for the further reason that the bond sued uFg
bond and not several and that said action cannot PIC
the defendant Barenaba alone, also for the further
does not appear that plaintiff has exhausted al
S"AA oOiiNt
PENDANT herein.
Second exception. The defendant Barenata ia
summons and declaration herein for that the same
facts sufflclent to constitute of action asl
PENDANT, and the further ground that all tLt
herein had against this defendant in the district
this (the circuit) court are without warrant Of bF
further ground that there is defect of parties al
IS no several cause of action against this defendant
Service of summons on Akoi was not neceS1
IlnIr-a H. lT-l X
1t shall be necessary to join as defendants in da
the joint and several, or joint makers of promls
drawers of drafts, bills of exchange, or orders
several oblgors, lessees, parties of the first adj
to covenants agreements and contracts IN SUM
ment, noncompliance, nonfulfllment Thereof
IN no case be necessary to serve all the JOINT par
process. Service of process upon one of several
law, shall be legal service upon all for the pups
ance IN court, and judgment may be entered +
codefendants thereon; provided, that ezecl1
against the sole property of any Joint detendaH
cess not duly served as aforesaid"
We are of opinion that this section fully c''
raised by defendant as to service of summons
1t Is also claimed that the plaintiff has not e
tights to collect the bond from the principal AS
necessary. Akoi is defauler and the breach
been made that for which Barenaba became sun
Is responsible for everything expressed in the IL.
signed and whatever else may be fairly implied
that are used therein" Nurfree, Official Bo1d3
The complaint alleges the making of the pon@
conditions, breach of condition, the amouH
demand, nonpayment and a request for ludsn
tains the elements of cause of action and D.
not be pleaded in the more complete forms r
record, yet it is sufficiently well pleaded for u
courts.
Third exception. That the decision Of the
trary to the law and the evidence and the We
dence."
Fourth exception. A motion for new ~
FOREGOING ALLEGED errors was overrnled