The Honolulu republican. [volume] (Honolulu, T.H.) 1900-1902, 1901-04-27
DECISION OH bitches
IN HlH0l WILEY
Supreme Court Gives
Double : Cutting
Opinion.
REVERsEs CIRCUIT COURT JUDGE
If THE DECREE WAS RIGHT 1T
WAS NOT WRONG AND
VICE VERSA
California Practitioner Admitted
Probate Matters Settled and
Pendins-Arother New Batch Of
District Court Attorneys.

unanimous opinion Of the Supreme
Court, written by Justice Perry. has
been fled in the case Of Lum All Lee
and others VS. All Soong and others.
1t is controversy over water rights
between two companies of Chinese
taro planters in Manoa valley. There
are two bitches connected with a dam.
The decision is that the compliments
have failed TO prove the rights they
claimed in one ditch and that the res
pondents are wrong in their conten-
ton regarding the other ditch. The
Circuit Judge of the First Circuit Is
declared to have erred if his award Of
an attorneys fee of $50 against COM
plainants if the amount was paid by
respondents to their lawyers as a re-
tainer for their services generally.
but that the assessment of costs in
Guiding this fee was not an error IL
meant for part of the damages sustain
ed by respondents in resisting a
wrongful injunction Also, the Judge
was free to award such costs or leave
respondents to sue for them in an &C
ton at law. Nowhere does the opin-
ion state what was the decree of the
Circuit Judge from which an appeal
was taken, but it concludes by declar-
ing the decree reversed and the case
remanded to the Judge with instruc-
tons to ascertain the amount of dam
age suffered by the compliments in
mr. 80
wrongful acts and to enter a decree
in accordance with his findings there
on and in conformity with the views
Of this opinion. Peterson G. Matthew
man and w. o. Smith for complain
ants; Robertson & Wilder for the res
pondents.
Judge Humphreys appointed ]. e.
Jaeger trustee for the estate of Julia
English, to serve without bond.
]. A. NJ. Osorio has rendered his
first and final account as administra-
tor of the estate of Joaquin da Motta.
deceased. He received s90275 and
paid out $11S.56, leaving a balance Of
S7S9.19
]. K. Kekaula, S. H. Haaheo and ].
K. Nakookoo have taken the oath of
district court practitioners.
William Stewart Fleming, a mem
Der of the bar of the California Su-
preme Court, has been admitted to
practice in the courts of this Terri
tory. He is native of Napa, Calf, "a
years old. and was admitted a member
of the bar of the U. s. District Court
for Hawaii last October.
W. H. Holokahiki, executor of the
will OF Annie n. Holokahiki, by his at
torney, S. K Kane, moves for a
commissioner to take the testimony of
j. Il kaunamano, who is represented
as being very i'll with no hope of his
recovery.
By stipulation T. ]. King is given till
May to answer the bill for account
ing of L. H. Dee.
+. j. Russell, attorney for plaintiff,
files motion to set day and q ioind-
er in demurrer in the case of Manuel
de Quadros VS.. ". F. Frear, Young Un
Choy and Joseph Goo Kim.
Louis Pearson, widower and heir OF
Mary Kaalewai Pearson, by his attor-
ney, F. ]. Russell, moves that J. K.
Prendergast, administrator, be order
ed to render an account of all of his
acts from his appointment up till now.
Wahiawa Sugar Co. by its attorneys,
Kinney, Ballou & McClanahan. demurs
to the complaint OF JOS B. Anterior.
Harvey R. Hitchcock, one Of the de-
PENDANTS in the Palawai partnership
case, has fled his individual answer.