The Honolulu republican. [volume] (Honolulu, T.H.) 1900-1902, 1901-04-26
RlGEI CURE COMPANY
else Is REMINDED
Supreme Court Opinion
Decides One
Point.
CLEARING CRIMINAL CALENDAR
DEFENDANTS ARE DISCHARGED
WITHOUT TRIAL BY
WHOLESALE.
Damages of 5000 Claimed For Breach
of Agreement on Dairy Business
Several Probate matters-6ar
Association Candidates

Judge Perry is author Of q unani-
nous decision OF the Supreme Court
in the case OF Thomas Miner Harris
on VS.. J. a Magoon, F. B. MeStocker,
L C. Ables and Dorothea Emerson nee
Lamb. II Is better known as the Ha-
gey Cure Company case. In one count
plaintiff claims OF the defendants SO,
600 with legal interest from March
10, 1898, for damages from breach of
an agreement made at Auckland. New
Zealand, on September 90, 1897, be-
tween defendants and certain other
persons of the one part and one Alfred
Edward Gilmore and the plaintiff OF
the other. The second count is upon
a judgment for s10,600 which. it is
alleged, was recovered June 13, 1899,
at the City OF Auckland, New Zealand
Defendants demurred on eight
grounds. the Circuit Court sustained
the demurrer on several grounds and
from its ruling the plaintiff appealed.
The Supreme Court in its opinion &C.
cupying &c typewriter pages decides
that the demurrer was properly sus-
tanned upon the first ground, but not
upon the other grounds. The ground
found valid is that it was impossible
for the plaintiff to join the two counts
in one action. The exceptions are
over-ruled and the case is remanded
to the Circuit Court of the First Judi
cial Circuit for such further proceed
ings as may be proper not inconsistent
with the views contained in the opin-
ion.
Robertson & Wilder for plaintiff,
who also appeared in person; Magoon
& Thompson. Kinney. Ballou & Nc
Clanahan and n. A. Bigelow for the
defendants
Criminal Calendar Clearance.
Before Judge Gear, at the special
term OF the First Circuit Court, the
criminal calendar was closed out yes
terday by wholesale discharge Of de-
PENDANTS. The list follows:
Manuel SouZa, fined $3.50 and costs
in the Honolulu district court for sell
ing liquor without license. A G. Cor
rea for defendant.
Chun Sing, fined $40 and costs in the
Honolulu district court for assault on
Kohama. F. NJ. Brooks for defendant.
Lum Chut and nine others, each fin
ed SIS and costs in the Honolulu us
trict court for gambling. F. NJ. Brooks
for defendant.
Mrs. Mon War, fined $50 and costs
in the Honolulu district court for as
sault on All Ho, a Chinese female.
F. ]. Russell for defendant.
An exception is the case of W. A
Hall and Male Kaleikoa, fined respec-
lively 500 and $50 with costs In the
Honolulu district court for adultery
Defendants withdrew their appeal and
presumably paid their fines. F. W.
Hankey and ]. NJ. Vivas for defend
ants.
Many Papers Filed.
James A. Thompson, guardian of
James Roberts, minor, petitions that
James E. Jaeger be appointed trustee
under a certain deed.
Manuel Comes Honreco has brought
a trespass suit against Antonio ]. Lo-
peg, claiming $4,000 damages in con-
nection with dairy business agree
ment between the parties.
n. S. Sachs Dry Goods Co.. plaintiff
appellant, by its attorneys. andrews,
Peters & Andrade, has discontinued
its suit against ]. o. Spencer and gar
nishee, J. F. Morgan, in the Supreme
Court
A certificate of default has been Ill
ed in the case of Honolulu Stock Yards
Co. VS.. Samuel Parker.
J. NJ. Camara, administrator OF the
estate of Querino Fernandez. deceased,
has filed his final accounts with pc
tition for discharge. He received
$500 and expended s1460.25, leaving
a balance OF $239.75. Receipts con-
sale of real estate. The largest pay
ment was s111S.15 to the Pioneer
Building Association.
In the ejectment suit of II. NJ. Mist
VS.. Kapiolani Estate the defendant by
its attorney, ]. T. De Bolt. files a mo-
ton to take the testimony of H. NJ.
Mist, who is about to leave the Ter
ritory.
Senator VIM. White, Representative
F. W. Beckley and Sam K. Pua have
taken the oath for license to practice
law in the district courts.
T. R. Keyworth. sole and surviving
executor OF the estate OF Eliza Luce,
deceased, has fled his final accounts
with a petition for discharge. He re-
ceived seS221S and paid out se594.19.
leaving a balance Of $3227.s9.
Bar Association Candidates.
Alfred S. Hartwell, John Albert Wa
terhouse, C. C. Biting. ]. Alfred Ma
COON. Abraham Lewis, Jr-. Wade War
rem Thayer. W. Austin Whiting. Emil
A. Peters, FRANK Andrade. Lyle A. Die
KEY and W. ]. Robinson are posted
in the Judiciary clerks office as can
didates for membership in the Hawai-
t. na- Association