The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-07-05

toner But that your petitioner unable to set out describe
the lease SO obtained by said defendant from said Kapoani
Estate Limited the said defendant and the said Kapoani
Estate Limited both refusing any and all information CON
corning the same said lease obtained by the defendant
aforesaid and in equity should be regarded
tinuance of the original set out preceding
graph herein and subject and amenabe all of the rights
and equities substng between petitioner and defendant by
virtue of their fduciary relationship in the premises
The PRAYER is that if it shall asceaned that defendant
secured said lease of said premises herein
set out described that the that part OF SAID prop
held petitioner and not included IN the subetng
by petitioner defendant included in the agreements be-
tween petitioner and defendant may be held and decred by
the Court continuance OF the original lease as above
described defendant ordered adudged and decreed
to transfer bv proper instrument writing the portion of said
properv TO which plaintiff the petitioner heren is of right
entitled"
Respondent The demurrer sustained and the
bill dismissed on the ground that the latter does not state facts
entite the complainant the relief prayed for or
to any relief in of equity
In our opinion upon the stated in the bill the
painan is not entitled any relief in of equity The
demurrer correctly sustained
The decree appealed from is affirmed
j. NJ Viras and c. C. Biting for complainant.
Holmes d Stanley for respondent
IN THE SUPREME COURT OF THE TERRITORY OF Il
HAWAII
JUNE TERM 1901.
MANUEL GOUvEIA .. NAKAMURA
APPEAL FROM D1srR1or CouKr, NORM KoNA, HAWAII
srR,nrrrp JUNE 90 1901 DECIDED JUNE 30, 1901.
FRFAR CD GAIBRAFrH PERRY j.
Judgment rendered by District Magistrate
ing void where the summons was
made returnabe required by the statute
show the existence OF the re
ton between the plaintiff and defendant
the defendant declined to plead and
the judgment plaintiff forthwith rendered
void judgment aside motion even though an appear
had previously dismissed for informalies
An decision overrulng moton 10 SET
Judgment substantial right is involved and the
judgment void appears upon the lace OF the re
OPINION OF THE COURT FREAR. CT.
This is summary proceeding possession OF certain
land under the landlord and tenant statute The plaln11
alleged hat defendant of certain premises I'M
der lease from one D Aawa the plaintiff situate at Houa-
loa North aforesaid the being certain interest
Of said D Alawa in the lands of Holuaoa and North
Kona aforesaid which the said defendant holding
unlawuly against the rights of the plaintiff The sum
mons was issued January o. 1901 and made reurnabe jan
uary "a 1901.
On the return day the defendant appeared specially and
moved to ouas for the that was made
retrnabe in less days. contrary to- the provisions
of the statute This motion overruled and the case was
continued 26h On the latter date the defendant stating
that he waived point the everything OF the motion
to quash dismiss the action the ground that the
complaint did not set forth within the ursdic-
ton District Magistrate. This also overruled De-
PENDANT declined answer and judgment forthwith rem
dered for the plaintiff The defendant then appealed to the
Circuit Judge of the Third Circuit who plaintiffs motion
dismissed the appeal for inoralites The defendant then
moved the judgment the ground
that the court had jurisdiction of the defendant for tho
reason that the reurnabe less time than tha