The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-04-19
BUSY DAY
IN COURT
The Carter Heirs
and Trustees
Action.
SUM SUNG WAS
FOUND GUILTY
No Executive Council Yesterday
Owing to the Governors
Continued Illness.

who some months ago was charged
with malicious injury in the beating of
a horse to death At the conclusion of
/! the evidence the jury visited the scene
| of the alleged beating at Palama and
upon returning to the court room the
case was argued, Attorney Chilling
worth presenting the case for the de-
PENDANT and the prosecution being con-
Quoted by Deputy Attorney General
Cathcart.
The jury on the case were: Jos.
Lightfoot, P. E. r. Strauch, F. B. Da
mon F. S. Lyman, C. j. Hutchins,
Martin Bowers, l. Harbottle, Captain L.
Bray, Chas. Bon, NJ. w. Parkhurst, j.
il. Mcdonald and Arthur Coyne.
The jury found the Chinaman guilty.
He will be sentenced today
COURT NOTES
In the case of E. K Booth VS. Ka-
huku Plantation Company, the defen-
dant, by it's attorneys, w. r. Castle
and P. L. Weaver, has flied an answer
! of general denial to plaintiffs COM
! plant, stating that its intention is to
/ reply on the statute of limitations.
/ The answer was filed subsequent to
a stipulation extending the time to an
swer to April %. Kinney, Ballou &
/ McCIanahan and II. A. BigeIow are at
! torneys for plaintiff, and Philip l..
Weaver for the defendant.
The cases of the Territory of Hawaii
VS.. b. Kaunahi and hIoke Nahu1u,
which had been entered on the calen-
| dar OF the First Circuit Court, as APP
! pealed from the District Court were
/ wa trip of
| that the fines had been paid and the
| appeal withdrawn.
! The case of Alexander Maioho VS..
| William Maioho ct al, which is an am
! icable controversy to procure the sale
of lands in which several parties have
interest, and the division of the pro-
ceeds among the parties, came UP yes
/ terday on petition before the First
Circuit Court. The judge allowed the
sale of the property Of A. w. Malone,
deceased, described in the petition, on
the Island of Oahu, but not the home
stead property at Koloa, Kauai W.
! 0. Smith was appointed commissioner
to sell the property at public auction,
publication of notice to commence I'M
mediately, and report to be made to
| the court.
The case of the Territory VS.. Crespo-
rade Aies, under charge of selling
liquor without a license, came up be-
fore the First Circuit Court yester-
day. Defendant withdrew plea OF not
| guilty, and entered plea of guilty.
! on motion of Mr.. Kaulia, and no OBJ
jections being offered, the court or
dered sentence suspended FOR SIX
months.
In the suit for abatement of nuisance
of Manuel da Quadros against w. f.
Frear, Young I'm. Choy and Josephine
Goo Kim, the defendants yesterday, by
their attorneys, Robertson d Wilder,
demurred to the complaint on the al
legged grounds that the court has no
jurisdiction of the subject matter, that
several causes of action have been i'm
properly united that the complaint
; does not state facts sufficient to con-
stitute cause of action, and that the
complaint is ambiguous, unintelligible
and uncertain.
1t is specified that the demurrer Is
not intended for delay
Motion to set a day for the hearing
of argument in the case OF Honolulu
Stock Yards Co, Ltd, VS.. w. Z. Achl
together with notice of the presenta-
ti0n of such motion at l0 O'CLOCK on
April 90, has been made by the plain
tiff, through his attorney, Waue w ar
rem Thayer.
A ioinder in demurrer with the de-
dant has also been fled by plaintiff.
In the assumpsit action of Young
Bow. doing business as wing NOV
chan. against Leong Sam ct al, notice
was Yesterday filed by Kinney, Ballot
= McCIanahan and Fl. A. Bigelow, at
torneys for garnishee, giving notce
that the examination of the garnlshee
win take place before the First judge
of the First Circuit Court on the morn morn
ing of April 23 F. M. Brooks repre-
sents the attorney for plaintiff
MACON DEMURS.
Tn the action of Anna Gertz, in he1
own behalf and as eXecutrlx OF th'
will of Christian Gertz, deceased, vs.
] Alfred Magoon, in his personal ca
pacity as trustee, and Z. n. Bannllls
and B. r.. Banning, John Buckiey an
Maria 7. Forbes, the defendant, IN MI
personal capacity and as trustee 10
z, n Raining yesterday filed de
1n11rrer to the plaintiffs declaration II
her bill to revoke foreclosure, the al
legged grounds of the demurrer are ina
there is misJolnder Oh par . nf a Zion
tiff. a misjoinder OF causes OIL ACTION ,,.
IN said action: that the bill is multi
farious. that the cause of action snow
upon its face that it is barred by IN
statute of limitations; that the plalil
+iff docs not offer to do equity py re
| t,,,.,i,,g the principal of the mortgage
and the interest thereon; that the Oh
] dos not show any defect IN the iofe
closure proceedings that Wouio aileo
bona fide purchasers for value Wl.nou
/ notice and the sald Din uoes NO. No.,
that said John Buckley ana SAID N1al !
Forbes were not bona fide purcnas
! ers for value without notice OF pain
I tiff's alleged rights in the pleh li ~ >
t tit1e P pr sad property is m plaintiff,
! or ore either of them, and that said ,a ni
ie ambiguous, unintelligible and uncer
tain. ooo,,,anied by
Re bv Magoon & Thompson, at
f ferneys for defendant, that the de
m ro is not intended for del, delay y h,
| Tnh ",
n attorneys, Holmes & Stanley, also &c g
INJURED upon the alleged grouhus :
ine,1f7fciency of cause. mlsJolnoer
,larties plaintiff. parties defendant an
p pa SEES Of action; ambiguity, unlntelll
r e gibiiity, and uncertainty, because g
nnaelect to subscribe the names 9