The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-03-28
COURT NEWS
OF THE DAY
Demurrer Filed to
Tramway Co.'S
Complaint.
KUKUAU FIRST
CASE REMANDED
Boundary Matter Sent Back to
Commissioner as
incomplete.

The defendants in the case of the
Hawaiian Tramways Company, Ltd,
VS.. Thomas S. Southwick, j. A Nc
Candless and f. ]. Wilnelm, yesterday
filed a demurrer to the complaint of
plaintiff. The allegations of the demur-
rer are as follows:
THAT the plaintiff has no legal ca
pacity to sue.
That it is alleged in plaintiffs COM
plant that the bond sued on is in favor
of the Hawaiian Tramways Company,
a corporation, while said complaint is
signed by w. H. Pain.
THAT there is a defective party
plaintiff
That the statement in said COM
plant that the said Hawaiian Tram
ways Company was damified and SUI
fered great pecuniary loss and dam
age, and the said pecuniary loss, dam
age and injury, including counsel fees,
does not constitute a cause of action.
That the item of s5U9.60 enumerated
in the bill Of particulars attached to
said complaint as an expenditure for
work and labor and storage of ma
terials incurred by reason of injunc-
ton suit is insufficient as a matter
of law to constitute bill of particu-
lars.
THAT the complaint is ambiguous,
unintelligibie and uncertain
COURT NOTES.
In the case of B. F. Dillingham; VS..
Wahiawa Sugar Company. Limited,
motion was yesterday made that a date
be set for hearing and notice given
that the motion will be presented be-
fore the First Circuit Court on Friday
March 20, at 10 o'clock, by Kinney, Bal
lou & McCianahan, attorneys for de-
PENDANT.
George r. Carter was yesterday ap-
pointed trustee for the estate of Uwini
Aud, in the place of Bruce Cartright,
who has resigned. The Judge of the
First Circuit Court signed the order
of appointment, stipulating bonds of
s25, 900.
The following notice was yesterday
ordered posted by the United States Dis
trict Court:
Attorneys of this court shall not ad-
minister oaths or affirmations in any
case or matter in this court wherein
they appear as attorney of record, under
penalty of having the paper or pleadings
so verified stricken from the files of this
court"
f. w. Macfarlane and August Ahrens
guardians of the Richardson minors, filed
petition yesterday for discharge as to
w ha al har
majority.
The case of Wong Kwai VS.. Her Maj
esty Queen Liliuokalani was heard yes
terday in the Supreme Court, Hatch &
Silliman appearing for plaintiff and Rob
ertson & Wilder for defendant. The case
was submitted late in the afternoon
In the case of Wah Pang, Sal Yfck ct
al. vs. j. H. Raymond ct al. defendants
yesterday filed a demurrer naming the
grounds that there is defect or mis-
joinder of parties defendant, insufficient
cy of facts, ambiguity, unintelligibility
and uncertainty. E. p Dole represents
the defendants
Plaintiff in the case of George w Mac
farlane VS.. Robert Cation, through his
attorneys, Hatch & Silliman and Robert
son & Wilder, yesterday filed motion
that the deposition of George W. Mac
farlane be taken before the Judge of
liie tHculI court at a time and
place to be fixed by the Court, and that
said Robert Cation be notified by
the court to appear at such time and
place to put such heterogeneous to- and
take such part in the taking of the depo-
sitioD Of said George w Macfarlane as
he may think fit. Such motion is made
because of the fact that said George w
Macfarlane is a witness whose testimo-
ny as wanted in said cause, and because
being a resident of San Francisco, he IS
now only temporarily within the iurisdic-
ton of the court, and is about to depart
for his said place of residence, not to re-
turn in time for the trial of said cause
Notice is given that said motion will
be presented at 10 o'clock a. M today
An inventory in the matter of the es-
tate of Chang Tai, deceased. was yester-
day filed by Chang San Fai, showing
amount of property to be of the total
value of $2,35291S.
DREDGING ARRANGEMENTS.
Henry & Clark, who have practically
secured the contract for dredging the en-
trance of Pearl Harbor, have filed with
Superintendent of Public Works Nc
CaBdess an application for the use of
the Government dredger The applica-
ton was yesterday favorably considered
by the Public Works office and arrange
menus nave oeen maze TO allow the con-
tractors the use of the dredger at a
monthly rental, subject to a bond. the
amount of which has not yet been agreed
upon.
KUKUAU FIRST MATTER.
The Supreme Court held yesterday that
the decision of the commissioner IN the
boundary case of Kukuau First - in
complete and ordered the CO SAe back
to the commissioner for sucA &eer pro-
ceedings as may be necessary
BOARD OF. HEALTH DEMURs.
A demurrer and motion to quash the
writ of certiorari heretofore issued in
the case of W. S. Noblitt vs. the Board
of Health, We're filed yesterday by the
defendant by its attorneys, Neumann &
Davis