The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-10-18
MAY SIT
At NIGHT.
Gear Anxious to
Clear the Court
Calendar.
ARGUMENTS AS TO
ATTORNEYS FEE
Supreme Court in Session-Suit
Against Liliuokalani on Trial
in Circuit Court.

yesterday. Inc supreme Court was IN
session but half an hour during the
day to consider an appeal in the case
of c. S. Desky VS. The Orpheum Co.
Judge Gear allowed a foreclosure to be
taken and ordered a sale of the prop
erty, the Orpheum block An appeal
was taken from this ruling but had
been perfected only in so much as it
referred to the allowance to Hatch &
Silliman of $500 attorney fee. This
WIS contested by defendants as excess
sive, and only that phase of the case
was presented yesterday
In Gears court evidence was heard
all day in the case of Kapiolani Estate
VS.. Peck & Co. native witnesses occupy
ing the stand, and their examination
being of necessity slow and tedious
Judge Gear announced that beginning
this evening he would probably hold
night sessions, in order to dispose of
the longer cases more expeditiousIy
Following the Kapiolani case Judge
Gear heard the suit of Ana Hilo VS..
Liliuokalani This is a suit to recover
real estate which plaintiff claims was
secured by the Queen through fraud.
She alleges that she had borrowed $50
from F. M. Hatch, and afterwards bor-
rowed $75 from this defendant to Pay
the first debt, giving mortgage on
certain real estate as security. She
claims that she has paid the note, and
now seeks to recover back her property,
alleged to be wrongfully held by the
defendant. Ana Hilo was the only wit
ness examined yesterday afternoon.
Defendant has filed an answer, denying
all the allegations in the petition.
CAN'T RECOVER PART PAYMENT.
In the case of F. D. CarvaIho VS.. VIM.
Savidge, an action to recover $500 paid
by plaintiff upon the purchase price Of
a piece Of land. Judge Gear found for
defendant. The court held there was a
sale of the land. and the money was
paid to bind the bargain, which plaintiff
now desiI es to repudiate. The court
held that the plaintiff cannot now be-
cause she may be sick of her bargain,
recover back the purchase money paid.
find there was no agreement upon the
part of defendants or either of them
to return the 5000 in case plaintiff was
not satisfied with the land. A non-suit
having been granted in favor of de-
PENDANT Savidge now awards judgment
in favor of defendant Frias for his
COSTS
WANTS MAGOON TO PAY.
r. McCants Stewart has filed mo-
ton to compel J. a. Magoon TO pay
him an attorneys fee of $50. in the
matter of the estate of VIM. H. Cum
mings. In his affidavit Stewart al
| leges that he is the attorney for 7. B.
Cummings, and that Magoon. without
notice to him, secured as attorney for
the petitioner the money in the hands
of the administrator. He further says
he applied to Magoon for $3.50, and the
latter said that Cummings had repudi-
ated the debt.
| Then Stewart says he took Cummings
to Masoon's office where he admitted
the debt, and Magoon promised that ii
would be paid Immediately, and that
this has so far not been done.
JUDGMENT FOR PLAINTIFF.
The case of D. KapaH vs.. Ian FC
Yam was on trial before Judge Gear a
noon on appeal Judgment was glVei
for plaintiff with possession of the dis
lputed land.
Fred w Nilverton. master, to eX
anime the accounts of George r. Car
ter, guardian for the Garter minors, Ill
ed his report yesterday finding the &C
counts correct, except for clerical er
ror of 81. The accounts show amour
received on account of income so. 1913
charges on account of income S3,464.0J
balance of income transferred to prin
, cipal S7.001.2S, cash on hand $l,S62.0l
principal invested $7S,662.0I.
: The motion to dismiss the appeal il
the case of Helen K. Rowland vs.. Alc
MetcaIf ct al. was granted.
) COURT NOTES.
Henry Smith. guardian of the estat
of Kaonohi, a minor. filed report yes
terday showing receipts OF S2lS-03 an
expenditures of $3.50.
Robert Cation has filed reply |
the demand OF John Fowler & Co, 70
admissions in which he sets forth III
amount of commissions which he ha
charged as agent from December 2
1895, to February IS, 1899. amounting /
$1s,97S.o5. The case is not to be set 70
trial before March, 1902
jury has been waived in the cas-
of w. c. Achi vs.. Keopulupuiu-
A petition has been filed for the ap
pointment of Maud f. Jones, siste'
las administrator Of the estate OF Jane
r. Estill.
APPEALS.
An appeal has been taken in the cas-
of Manuel PimentaI VS. Geo. Kae
wherein Judge Dickey rendered iudg
nent for defendant. Plaintiff sued fc
$500 for damages alleged to have bee
caused by horses of defendant break.n
into ris field. and eating the sugar car