The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-05-16
NEWS OF
The COURTS
First Circuit Has
Ejectment
Case.
JUDGE EDINGS
ADJOURNED
Slow Work in Both Courts and
Regular Routine in Clerks
Office.

The ejectment case of E. K. Fender
CAST VS.. Peter Martin occupied all day
yesterday before the First Judge of the
First Circuit Court, jury trial being
waived Magoon & Thompson appear
ing for the plaintiff and Kinney, Bal
lou & Mechanism for the defendant.
The hearing for the plaintiff was
concluded at q. late hour yesterday af-
ternoon, and the defendant moved for
a continuance until Monday, May goth.
The court denied the motion, and the
hearing for the defense will be taken
up this morning at the opening of
court.
JUDGE EDINGS' COURT.
Judge EdiDgs, after entertaining two
motions for continuance, adjourned his
Icourt yesterday until today.
TIE case of T. v King VS.. Chas.
IS. Desky was continued until the Aug
Iust term.
ROPERT VS.. KAUAI.
In the ejectment action of Gulstan F.
Ropert, as trustee of John X. Sumner
vs. Solomon Kauai, ct al. the affida-
Wit OF William Sumner Ellis in re mo-
ton 10 continue the cause until the
next term of court has been filed
The affiant is the nephew of John
K. Summer, and affirms that his uncle
is not at present within the Territory
of Hawaii, being now in the island
of Tahiti temporarily; that said John
<. Sumner is now absent from the Ter
ritory under the belief that the trial of
the case could not be had during the
present term Of court, because of the
disqualification of both Judge Hum
phreys and Judge Gear in the matter,
that the said uncle's deceased wife was
a princess Of the royal blood of the
Kingdom of Tahiti, and that the said
uncle had gone there to settle the es-
tate of his said wife. which was of con-
siderable value: thai for the past two
years he has been urged to go to Ia
hiti for the purpose, but has delayed
doing so principally on account of the
said trial here, and now that he is alb
sent, the defendant prays that the said
case be continued for the term. as his
testimony and knowledge of the case
are necessary for their interests and for
the guidance of his attorney, T
McCants Stewart. Deponent believes
that if the trial is proceeded with
that his uncle will suffer material loss
and injustice, and therefore prays for
| a continuance.
The case was ordered continued until
the August term of the court. consent
to continuance having been filed by
plaintiffs attorney, Edgar Caypless.
| The case Of Naomi Koaihu VS. Kala-
nihuia has also been continued foi
the term.
COURT NOTES.
The plaintiff in the case of Manuel de
| Quadros VS.. W. F. Frear. Young Tn
| Choy. ct al, by his attorney, F. J. Rus
sci. has moved Judge Edings to set a
day for the hearing of the argument OF
| the defendants demurrer Notice is Civ
| en- that the motion will be presented al
| 10 o'clock a. m. on Thursday May IS
Robertson & Wilder are attorneys for
defendants.
| The plaintiff in the ejectment action OF
James Armstrong VS.. Mary NJ. Judd, by
his attorneys Holmes q Stanley, has fill
ed a discontinuance of the case.
| The petition of William o. Smith that
he be appointed administrator de bonis
non in the estate of George E. Richard
son for the purpose of drawing out g
$3.50. 80 deposit from the Postal Savings
Bank for the estate, has been allowed
and an order of his appointment ISSUED
in accordance herewith
MACON VS.. MARKS
Louis Marks defendant in the actor
of Magoon VS.. Marks by his attorney
George A. Davis. yesterday filed a mo.
ton that the Court set aside the verdic
in the case and order a new trial therein
basing his motion upon the records OF
the case. Notice is given that the mo
ton will be presented before the cour
at 10 o'clock a m. on Friday, May II. II
the case a verdict was given for tht
plaintiff in the sum of 500 by jury II
Judge Edings' court on Tuesday.
lTRUSTEESHIP Of ASHTON ESTATE
Upon the hearing of the petition fol
approval of accounts. cancellation o
bonds and discharge OF John Ena for
merly trustee for Mary S. Ashton anC
children, but now resigned, the FRS
Judge of the First Circuit Court yester
day allowed said petition and ordered
that the petitioner be discharged anC
that he deliver over to John H Coney
his duly appointed successor, the sum o
s41As0. which sum the petitioner shows
is now in his hands held by him as sucl
trustee, being all the moneys, propert!
and effects of the said trust.
RESALE RECOMMENDED BY COM
MISSIONER.
In the case in equity for partition en-
titled Alexander Maioho VS.. William Ma
| ioho ct al, Henry Smith, the commits
; sioner appointed to sell certain lands
has filed his report showing the sale o
two lots. one for s1.250 and the other 70
s1O50 He reports an insufficiency of de
scription in the notices posted and pub
lished, and says that he believes the sal
lots should have brought $500 and s1l,
900 respectively. He reports that inqul
ries were made of him by intending pun
chasers after the sale of the property
such intending purchasers having bee
deceived by the insufficiency of descriI
ton until too late to bid on such lot:
Upon this report the commissioner rec
ommends tl-at the Court review the mat
ter and notify the purchasers, l..
Peck and w. H. Heine. to come an
| tIaro -h y1nt ha