The Honolulu republican. [volume] (Honolulu, T.H.) 1900-1902, 1901-03-28
CHIEF JUSTICE FlEn
DE|fnm n CIT
ALLEGED THAT HE CLOSED UP
A wElL-EsTAsLisHEp
RIGHT or Way.
Motion to osash Or. Neb1its's SUIT
Commissioner Lyman's Decision
Set Aside-Extrs,j judicial ostts
Forbidden in Federal Court


The Supreme Court yesterday held
that the decision OF Commissioner LIZ
man in the boundary case OF Kukuau
First was incomplete and ordered the
case sent back to him for further pro
ceedings.
Wong Kwai vs.. Liliuokalani was
argued before the Supreme Court
yesterday afternoon Hatch 4 Sill
man for plaintiff; Robertson & Wild
er for defendant
Board of Meath on Defensive.
The members OF the Board OF
Health by their attorney, E P. Dole,
have filed demurrer to the complaint
for damages of Wing Hop Company.
The Board Of Health by its attor-
neys. Neumann & Davis, have nled
motion TO quash DR.. w. s. Noblitt's
writ of certiorari. II Is contended by
the moyant that the action OF the
Board of Health Of the Republic of
Hawaii cannot be reviewed by the
court, as such Board of Health has
ceased to exist. Also, that the act
complained of-refusal to grant com
| plainant a license-was q ministerial
act of the Minister Of the Interior and
the ministerial ONCE and the Republic
have ceased to exist. Further, that
certiorari will not lie against minis
terial officer that Is not joined as q
party. Then want OF jurisdiction is
alleged. together with want OF dill
gence and merits. A demurrer on ST.
milar grounds is also filed.
Wants Road Opened.
Manuel da Quadros has entered a
suit in the Circuit Court for abate-
ment of nuisance against w. F. Frear,
Young I'm Choy and Goo Kim. It is
on account of the obstructing of q GER
tain road with buildings at Kaliu. Ho-
nolulu, defendant Frear being owner.
the other defendants tenants, of the
land on which the buildings have been
placed. Complainant bought lot of
land, according to his allegations, on
September 20, 1890. from Daniel Kaeo.
according to map that figured in the
made the same Gay by Rosina K Ma
naku and Bishop & Co., mortgagor
and mortgage. which map exhibited
roads connecting all the lots with Ka-
makela street Four months later Ka-
60 sold seven lots to defendant Frear
and in the deed wrongfully, complain
ant says, conveyed the road leading
to his lot. He did not know Of this
provision of Frear's deed until the
following year. In 1896 the road was
obstructed. he considered only tenn
porarily, with rough shed. As his
tenants could reach his lot on foot
and with vehicles by another route
across Frear's land he did not quar-
rel about the shed. In August, 1900.
however, Young I'm Choy began erect
ing permanent building upon the
road. Plaintiff objected to this pro
ceeding, when Frear told him he could
not have the use of the road. Hence
this suit is brought to cite the de-
PENDANTS before a Jury at the May
term, to have them ordered to remove
the obstruction and. il they fail to
High Sheriff ordered to remove the OBJ
struction at their expense. F. ]. Rus
sell is attorney for plaintiff. with Paul
Neumann Of counsel
Sundry Matters.
Judge Humphreys has signed an or
der appointing Geo. r. Carter trustee |
Of the estate of Uwini Aud in place |
Of Bruce Cartwright, resigned. under
s25 900 bond
Chang Sau Fai. administrator of the
estate of Chang Tai. has fled an in
ventory showing q valuation Of 81
1921. 1t is. store goods excepting |
a leasehold at $1,000.
Hatch & Silliman and Robertson &
Wilder for plaintiff have filed mo-
ton to take the deposition Of R H. |
Fowler in the suit of Geo. w. Mac |
farlane vs.. Robert Cation.
Kinney, Baliou & McClanahan- for |
defendant have moved to set day J
FOR hearing Of b. F. Dillingham; vs.. |
Wahiawa Sugar Co.
Kinney Ballou & McClanahau for |
have fled q demurrer in |
the debt case of the Hawaiian Tram
ways Co. vs.. Thomas s. Southwick. ]. |
A. McCandless and F. ]. Wilhelm. |
They point out that It Is alleged In the |
complaint that the bond Is in favor |
Of the Hawaiian Tramways CO.. while /
The complaint is signed by w. H. Pain.
Robertson & Wilder for plaintiff /
have Led a satisfaction Of judgment
IN the case OF N. G. Silva va Charles
). Desky.
F. w. Macfarlane and August All
rens, guardians of the Richardson
minors. have fled a petition for dis
charge as to Ruth Richardson, who /
las attained her majority.
Federal Attorneys Warned.
The following notice has been post
ID in the United States District
Court:
Attorneys Of this court sAall not
administer oaths or afRrmations lin I
my case or matter IN this court |
they appear Is atterneys of I
'ecord. under. penalty OF ksving the