The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-07-18
JUSTICES
ARE BUSY
Cases in. Which
Ex-Queen is a
Party.
NO ROOM FOR
FEDERAL PRISONERS
Oahu Jail Can Hold no More oil
Them Chinese Cases Post.
poned Till Friday.

The Supreme Court, in the action of
c. B. Wilson against Lydia K. Dominis,
otherwise known as Liliuokalani, has
reversed the judgment of the First Cir
cult Court in allowing the PLAINTIFF to
file an amended bill on the grounds that
the bill as offered was not an amended
one, but a new one.
The upper court holds that the amend
ed bill was based upon the same facts
and the same set of facts, as was the
ment had certain additions to it that
did not appear in the first, but this in
no sense made it a new complaint. 1t
was the old one, with notifications in
wording and in form.
The decree appealed from dismissing
the bill in this case should have been
without prejudice.
The Supreme Court has ordered the
case to be remanded to the First Cir
cult Court for action at the discretion
of the Judge, in the matter of receiv-
ing an amended bill.
The above section arose out of the
fact, as alleged by plaintiff, that the
Queen offered to buy his home for him
which was mortgaged, and deed the
same back to him because of certain
services he had performed for her, but
for which he had not been paid. Cecil
Brown bought the property acting as
Liliuokalanis agent, paying for the
IF no
value of the property. In 1898 ]. O..
Carter induced plaintiff, by fraudulent
Misrepresentation, to deed the proper
ty to him, who in turn decided it to Ce-
ell Brown, who then made it over to
Lydia K .Dominis. Plaintiff believed
that at the time he was making the
transfer he was deciding it to his wife
and mother-in-law.
The prayer of the bill is in the alter
native ID That the defendant may be
decreed to hold the premises as trustee
for him during the remainder of his
natural life ~ That the defendant may
be decreed to execute a. deed conveying
| to the plaintiff life interest in the
| property An Injunction restraining
| the defendant from selling or leasing
the premises pending the hearing or
] from proceeding with the ejectment
suit is also asked for, and prayer Tor
process and general relief. The inJunc-
| tion was granted. The defendant de-
INJURED to the bill on several GROUNDS.
/ After hearing the demurrer was sus-
tanned for want of equity in the DILL
1.-The plaintiff then asked and was grant
ed leave to move to amend the Dill
which was also allowed. 1t was upon
the amended complaint that the appear
to the highest tribunal was made.
| Abraham Lewis appears for plaintlll
land Robertson & Wilder for Defendant
LOWER COURT SUSTAINED.
The supreme Court has decided II
flavor of the Judgment of the First Cir
cult Court in the case OF wong h"a
VS.. Liliuokalani.
The court holds that power OF at
ltornev is not revoked by the mere CIV
ling of a similar power to another per
sen. eea,
An oral acceptance of written onei
In,sv he sent through third persons VINO
lneed not be formally authorized 10 ac
for the acceptor. :,
| letter. set forth in the opinion, Il
lbeis TO contain an offer and not mert
,eouest for an offer. The suit is one
for specific performance of an ahege'
laereement to lease the ahupuaa Oh Lu-
lu,bai ON the Island of Kauai
| The main question in the contest
whether a certain letter written py ON
IlIaIeIuhe to one Akana, was an oller U
lease the land, and if so whether lh'
IofYer was accepted and whether Heie
il,,ta and Akana were the duly autnor'
iizad agents of the defendant and pam
ltifY respectively. The pialntin ha'
l1easad the land originally for ten year.
hinder two successive renewals, AM
had been in possession as lessee upu.
defendants predecessors ana ne,sei
flor more than thirty years. heieiu ii
l+yas defendants constant ADVISOR -
many wears UP to the time OF his death
which occurred after the bringing =
This suit In 1898 the plaintih CONSUL
les one Agana as to the best means ..
Ip-bicb a renewal could be obtained.
Hotter was written to Heleluhe D!
Akana and in reply he stated nc
Wong Kwai might have the iaIu ~
50 acc for ten years time, proViaeu ,oa q,
made his bid PRIOR to January = tsO.
He agreed to the terms OF the ~
hut when tho lease was Offered TO f'eie
lI,,r,a he Yof1.sed to sign it, saying soil,e
80 elsa had offered him s2,7oO for ti
lease. - +ba co,,r
ue,,t,,ba.s ;etter contained an one
which the plaintiff intended 70
lit was not, as has been CONS y