The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-07-25

N ~ KMNN- IN
HENRY HAVEMEYER-
@ 6ss sz: e s;::s @ e. 's; E:
oR a s s sas market indicates that
benefit and that consequence thereof the property sold
for $1,000 or $4,000 less than its real value.
The remaining allegations of the bill substantially the
the original bill except that the allegations relative
the wfu deception of obtaining possession of the
title papers omitted altogether That part of the prayer of
the original bill asking be deereed
deed conveying plaintiff life interest in the property is
changed the amended bill that she be decreed
vey the fee theecept of the of the money expended
in the purchase of the property.
The Circuit Judge denied the motion the ground that the
bill presented amendment but bill and
Immediately entered decree dsmissing the BILL and dssovng
the Injunction with From this decree the plaintiff ap
peals.
The amended bill does seek bring parties The
facts relied for relief much the although the form
of different The language possibly precise
in the amended than in the original bill but the purpose and
object of the clearly apparent the other the pro
lection preservation of the interest the plaintiff claimed
property It important that of expression
changed long the principal facts relied for relief
the appears the amended bill what pur'
ported to be and bill
We do agree with the Circuit Judge in the
for refusing allow the amended bill to be fled however, this
addressed his discretion He could have allowed
denied the of the the interests of
Justice might have seemed to require and his thereon
would not be subject review the appellate unless the
discretion clearly abused (See Bishop Co. The Pacific
Navigation Co., Haw. 277; Mist q. Kaoezo ante 1922
Under the ancient rules the Chancery when de
sustained for of equity the bill the
Court and that the end of unless the Chancellor in
bic NE
as follows
Strictly speaking, upon demurrer the whole bill being
allowed bill of Court and subsequent proceeding
be taken the The Court often however, hearing
the gives leave amend and there which
has afterwards permitted amendment to be made and
that after bill has been dismissed by ORDER it has
considered the discretion of the Court cause
foot again" Daniels Chan P & P, 9th Am. Ed, Vol l.
p 59S
The srcness of this rule has been modified
jurisdictions by statute rule of There neither rule
the subject in this Territory but the practice of
the regard amendments has been liberal The
has also recognized the practice that when the bill
may be without prejudice. (ee Barrop Coffee
Co., Haw 1927 This practice Think should have been
followed in this
The decree appealed from dismissng the bill have
been without prejudice and it the should be
remanded
1t that the cause be remanded to the Judge of the
First Circuit with direction that the appealed from be
modified that the dismissal of the bill shall be without
prejudice the Judge in his discretion allow
the amendment and for such further proceedings as may be
deemed proper
Abraham Leos Jr, for plaintiff.
Robertson 6 Wilder for defendant
>>>~>>>%>>>>>>>~%> >>>>~@@>>~>>~
uNsELF1 s1=L. ,.m.... LOFTY VIEW.