The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-04-26
YESTERDAYS
COURT NEWS
Decision Rendered
In Hagey Cure
Case.
NO EXECUTIVE
COUNCIL HELD
Clerks of the Court Kept Busy
Filing Numerous Papers
Yesterday.

-hCSIDhSI, L. a. ADlSS anu OOIVlICd
Emerson, nee Lamb, better known as
the Hagey Cure Company case.
There are two counts; in the first the
plaintiff claims $4,000 damages with le-
gal interest from March 10, 1898, for al
legged breach of arrangement between
defendants and certain other parties of
the one part, and Alfred Edward Gil
more and the plaintiff of the other part,
the agreement having been made at
Auckland, New Zealand. on September
20, 1897; the second count is upon
judgment for $4,000 which. it is al
legged. was recovered June Is, 1899, at
Auckland, New Zealand.
The demurrer of defendants was on
eight grounds; and the Circuit Court
sustained the demurrer on several
grounds. The plaintiff appealed from
this ruling.
The opinion of the Supreme Courts
decision is by Judge Perry. The opin-
ion occupies twenty-six typewriter
pages, and decides that the demurrer
was properly sustained upon the first
ground, but not upon the other grounds.
The ground pronounced valid is that it
was not possible for the plaintiff TO
join the two counts in one action. The
exceptions are overruled, and the Su-
preme Court remands the case to the
Circuit Court of the First Judicial Cir
cult for such further proceedings as
may be proper, and not inconsistent
with the opinion given.
Magoon and Thompson, Kinney, Bal
low and McClanaban and H. A. Bige-
low were attorneys for defendant and
Robertson and Wilder represented the
plaintiff, who also appeared in person.
COURT NOTES.
The case of the Territory VS.. Chun
Sing, charged with assault and battery
upon the person of one Kobamo, has
been nolle pressed, and the defendant
ordered discharged.
On motion of Paul Neumann, attor-
ney for defendant, the court yesterday
ordered the case of the Territory VS..
Mrs Mon War, dismissed and defendant
discharged from custody, also that the
surety on defendants bond be dis
charged The defendant was charged
with assault and battery upon another
Chinese woman. F. Russell acted as
attorney for the defendant.
! A summons issued for defendant in
the case of Manuel Comes Honreco
VS.. Antonio J. Lopez. was yesterday re-
| turned by Deputy Sheriff Albert NC
Gurn, showing service made on April
I23
! On motion of Deputy Attorney-Gen-
eral Cathcart, nolle prosequi has been
entered In the case Of the Territory VS..
Ium Chut. ct al. the Cinnamon charged
with being present at gambling game.
The ten defendants were discharged.
A discontinuance of appeal has been
fled by the defendant in the action OF
IN. S. Sachs Dry Goods Company vs. j.
10. Spencer and James F. Morgan, gar
lnishee. by their attorneys, Andrews
Peters and Andrade.
]. T. De Bolt. attorney for the de-
Ifendant in the case of H. M. Mist VS.
Kapiolani estate, limited, yesterday
filed a petition that the testimony o.
H NJ. Mist be taken for the defense IL
the pending action in ejectment, show
ing that said H NJ. Mist is about t
leave the Territory to be absent unit
after the trial of said cause. Upor
hearing the petition it was ordered D!
the court that the plaintiff should show
cause, if any, why the testimony OF II
NJ. Mist should not be taken before tn
second Judge of the First Circuit Cour
on Friday, April rs.
F. w. Hankey, attorney for DEFEND
ants. in the case of the Territory VS.
w. A. Hall and Malie Koleikoa, yester
day fled a withdrawal Of defendant
anneaI to the Supreme Court from tn
Judgment of the First Circuit Court.
WENT BY DEFAULT.
The plaintiff in the action of Honolulu
stock-yards Company, Limited, VS.. Sam
uel Parker, by Wade Warren Thayei
its attorney, yesterday filed a motto
that the defendant be declared IN ue
FAM. the said defendant having been dui
served with summons and having faile
~ enter an appearance; the plaintiff ful
ther moves the Court that his bill o
taken pro confesso and that jldgmer
\ ha rendered against the said defendar
/ for the sum prayed for with interes
] costs and attorneys fees. Certificate
[ default was filed by the clerk OF u
4 court.
! GUARDIANSHIP AND PROBATE.
! J. NJ. Camara, administrator of the e:
] tate of Querino Fernandez, yesterday
! Oh a netition for the allowance of his a.
I counts and final distribution and Oil
I charge. also filing his first and final a.
/ oount as such administrator, charg1u
] himself with s1,7oo and asking to be
\ lowed 81 4s02 %. leaving balance In raw
of the estate Of s2Ss-75.
I r. r. Keyworth, sole surviving exec
tor of the will OF Eliza Luce, late
! wales, British Isles, has filed his FIR
! and anal account. charging himself Wi
! the sum Of 1892 IS and asking to be q
p lowed 81. 5e4.1 10, leaving balance Of ;;
- a27. os. Petition for allowance of account
final distribution and discharge has al
been filed. and the Court yesterday S
the time for the hearing OF the san
e. for Friday, June q, at 10 a. m.
ne JAEGER ESTATE.
Ia .,.o.sh+- =. 1aa-.- o..
Julia English, j. A. Thompson yesterdi
- fled a petition, praying for the appoin
- unent of James Z. Jaeger as trustee
- and In the place OF A. Jaeger, decease
= The petition shows that ]. A Thomps
Is the duly appointed guardian of Jas.