The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1900-05-03
-FOUR COURT
DECISIONS
Supreme Bench Render
Opinions.
CASES SETTLED YESTERDAY
The May Term of the First Circuit
Court viii Open on Next
Monday.

he supreme Court has rendered y
decision in the case of John A. Butter
field against Charles Bon. declaring
that the statement of facts on which
the submission without action is has
ed, not showing with certainty that y
material fact is agreed upon, it reouir-
ing evidence to establish the same is
dismissed without prejudice"
The opinion is given by Justice Whit
ing and signed also by Justice Frear
and Circuit Judge Stanley. The case
grew out of a sale of property bv Main
TN TO defendant wherein the former
agreed to furnish a good title therefor
The tender of deed was made on June
/, 1899, but was refused by Bon on the
sole ground that a good title had not
Deen furnished. A mortgage had been
vested In one Thomas B. Spring for
S5,UOO In 1895. In 1896 the mortgagor
aDsconded and the mortgage foreclosed
uHder statute Afterwards the mort
sasee made over to Butterfeld the
mortgage and all of its rights
ne agreed statement of facts does
hot clearly show the breach as an
a6Ieeu Iact, and we cannot enter a
Judgment Tor either party The sub
MISSION Oh the case IS dismissed with
out prejudice. Castle & Weaver for
pialhtlH; Henry Holmes for defendant.
n decision in the assumpsit case of
G. w. Alloy VS.. NJ. F. Scott, submitted
January 5, has been filed bv Jndge
Frear of the Supreme Court against
plalntln. reversal of the decision of
the Judge of the Third Circuit is made
on the question of the allowance of at
torneys fees which were allowed Inv
the lower court. In the opinion of the
supreme Court, the defendant did NOT
OBTAIN Judgment in the action within
the meaning of the statute, as iudg
Ileht was not rendered in the action.
IL the case OF w. l.. Stanley VS.. Akoi
ana j. If. Barenaba, a decision of the
supreme Court was rendered by Judge
Whiting, in which the exceptions Of the
DEFENDANTS from the First Circuit Court
were overruled. This was an action
jury waived, brought against the prin-
clpal and surety for breach of the con-
dltions of a guardians bond, amount
Ing to 5000. Akoi was, by order of
Judge Perry, discharged as the guar
dian. and appointed G. Lai Young in
stead. Akoi was ordered to pay to the
latter s29O.60 belonging to his ward |
but neglected to do so, and suit fol- !
lowed.
Judge Whiting also filed a decision
lot the Supreme Court in the case of |
the Union Feed Co., Ltd, VS.. E. B. |
l Thomas, appealed from decision of the
District Magistrate of Honolulu. The
latter rendered judgment of dismissal
against the plaintiff because of alleged 1
failure TO produce sufficient proofs of |
evidence as to it's corporate existence. |
Plalntif asked leave before the Magis-
.rate's decision to produce further evil
renee II necessary, which the Court re-
fused to permit
The Supreme Court allows the ap-
peal, and the case remanded to the
District Magistrate of Honolulu Tn re-
open the case for the introduction of
further evidence of Incorporation of
plaintiff.
w. II. Holokahiki, executor under
he will of the late Annie n. Holoka-
Tiki, deceased, has filed in the Circuit
court an inventory of the real and per-
'onal property of the estate, amount
ng to s., 20750.
The final account of A. G.. Cunha
executor of the will of Antoine G. Cum
Ia, deceased, was filed yesterday in
ne circuit Court, showing expendi-
ures amounting to $124.23 and receipts
'l39, leaving a balance of $14.76. The
after amount is a dividend due Mrs
b. |. Tewksbury pending a masters re-
,ort.
Defendants in John Ii Estate VS.
Tub Stables have filed an answer de-
lying each and every allegation in the
'laintiff's complaint.
Judge Silliman was not in attendance
t court yesterday, having taken
hort vacation for visit in the coun-
ry.
The May term of the Firs Circuit
curt opens on Monday mex AZ 7
Judge Perry presiding.