The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-12-09
WOULD MAKE
HIM SIGN
Gears Departure
Causes More
Trouble.
MANDAMUS FOR
HUMPHREYS
For Refusal to Sign Decree in
Desky Suit-Circuit and
Supreme Court.

/
phreys to sign the decree in the case
of Kapiolani VS.. Desky, for the sale
of the Progress block, was filed in the
Supreme Court Saturday. The deci-
sion in this case was made by Judge
Gear, on the Alameda, just prior to
his departure, and in the hurry of the
moment the wrong title was given,
which Humphreys, on his own motion,
corrected.
In the petition Kinney, Ballou & Nc
Clanahan allege:
THAT after the rendition of said de-
cision said George d. Gear departed
the Jurisdiction of this honorable
court without having signed or with
out your petitioner having presented to
said judge for signature any decree in
said matter and at this time no decree
has been signed by any judge of any
Circuit Court of the Territory of Ha-
wall"
The petition further alleges that the
decree was presented to Humphreys
December 6, and that he refused and
declined to sign the decree.
THAT no objection was offered or
raised by the Hon. a. S. Humphreys
as to the form of said decree, but the
sole and only objection raised by the
Hon. a. S. Humphreys is his lack Of
Jurisdiction and power to sign de-
cree, equity resting upon a decision
made and rendered by the Hon. George
D. Gear, second judge of the Circuit
Court of the First Judicial Circuit. nor
r,fe Charles naG-
ky trustee, and Minnie Desky or their
attorneys, or any of them, objected to
your petitioner or to the said decree
at any time.
THAT your petitioners right to have
a decree signed by the said A. S. Hum
phreys is a clear, legal and existing
right, and one which cannot be en-
forced by any other proceedings than
the one mere instituted. nor has petit
toner any other specific and adequate
Wherefore, petitioners ask the issu-
ance of a process commanding Hum
phreys, before the Supreme Court, to
show cause why a peremptory writ of
mandamus should not issue against
the said Hon. A s. Humphreys, as !
such judge. requiring him to forthwith |
sign a decree in said matter as re-
quired by law"
Chief Justice Frear signed an order |
requiring Judge Humphreys to APP |
pear before the Supreme Court Tues
day, December 10. at 10 o'clock a. m.
Humphreys would not accept service
in the usual way, but instead indorsed
he forir ahxr Va
service of process herein and do now
enter my appearance in said cause and
submit to such order as the Honorable
Supreme Court may be pleased to
make in this behalf.
"A. S. HUMPHREYS,
First Judge"
CIRCUIT COURT NOTES.
An appeal has been taken in the case
IF c. c. Biting VS.. Vincent Fernandez,
wherein Judge Dickey gave judgment
Tor plaintiff in the sum of 1862
A verdict of not guilty was returned
Saturday by a jury in the case of c. !
vierra, charged with illegal liquor sell
ng.
A mechanics lien has been filed by
". J. England Plumbing Co. VS.. NJ w
& Sons to the amount of
1853.
An appeal to the Supreme Court
las been noted in the case of F. Wun-
lenberg vs. George Markham.
An appeal is taken from the decision
If Judge Dickey in awarding judg-
nent for defendant in the case of
iehring & Butzke VS.. Chez Wo.
Judge Humphreys on Saturday
,ranted Afu Ahona a divorce from
Ahena Kino Ahona on the ground of
lesertion.
Judge Humphreys has reduced the
inc of Adachi convicted of selling
iquors from $3.50 to 500. The Court {
tated its intention of refusing to SEN
ence or fine prisoners who were con-
-icted upon the testimony of police I
pies
An appeal has been filed from the
rider of Judge Gear in the matter of :
h Schlief estate. allowing $500 to J.
|. Thompson. as commissioner. and to
V. +. Fisher. of $1.14S2O for auction
er's fee.
SUPREME COURT.
The Supreme Court in decision
led Saturday. reversed the Circuit
curt in the case of Schweitzer < co.
:. Charles j. Fishel. The suit is for
balance of S64O.OS. due for goods sold
nd delivered by plaintiffs To Mrs. G.
l.. Turner in reliance upon letter from
'isheI requesting that they see TO me