The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1901-03-29
COURT NEWS
OF The DAY
CFrom Thursdays daily)

The defendants in the case of tn
Hawaiian Tramways Company, Ltd
VS. Thomas S. Southwick, ]. a. Nc
Candless and f. ]. Whnelm, yesterda.
filed demurrer to the complaint 0
plaintiff. The allegations of the demur
rer are as follows:
That the plaintiff mas no legal ca
pacity to sue.
That 1t is alleged in plaintiffs com
plant that the bond sued on is in favo
Ut the hawaiian Tramways Company
a corr grafton, WI lie said complaint 1!
signed by w. II. Pain.
~ hat there Is defective party
plaintiff.
That the statement in said com
plant that the said Hawaiian Tram.
ways Company was damified and sui.
/ fered great pecuniary loss and dam
age, and the said pecuniary loss, dam
age and injury. including counsel fees,
does not constitute a cause of action.
That the item of $oJ9.60 enumerated
In the bill of particulars attached to
said complaint as an expenditure for
work and labor and storage of ma
terials incurred by reason of injunc-
ton suit is insufficient as a matter
of law to constitute a bill of particu-
lars
THAT the complaint is ambiguous,
.unintelligible and uncertain
COURT NOTES.
In the case of b. F. Dillingham; vs..
Wahiawa Sugar Company, Limited
motion was yesterday made that date
40 fgr haa t,t, nI
that the motion will be presented be-
fore the First Circuit Court on Friday,
March 20, at 10 o'clock. by Kinney, Bal
lou d McClanahan, attorneys for de-
PENDANT.
George K. Carter was yesterday APP
pointed trustee for the estate of Uwini
Aud, In the place of Bruce Cartright,
who has resigned. The Judge of the
First Circuit Court signed the order
of appointment, stipulating bonds of
s25 600
The following notice was yesterday
ordered posted by the United States Dis
trict Court:
Attorneys OF this court shall not ad-
minister oaths or affrmations in any
case or matter in this court wherein
they appear as attorney of record under
penalty of having the paper or pleadings
so verified stricken from the files of this
court"
f. w. Macfarlane and August Ahrens,
guardians of the Richardson minors. filed
a petition yesterday for discharge as TO
Ruth Richardson. who has attained her
majority
The case of Wong Kwai VS. Her Mai
esty Queen Liliuokalani, was heard yes
terday in the Supreme Court. Hatch q
SilIiman appearing for plaintiff and Rob
ertson &c Wilder for defendant. The case
was submitted late in the afternoon.
In the case of Wah Pang Sal Yick ct
al. VS.. ]. II. Raymond ct al defendants
yesterday filed a demurrer naming the
grounds that there is a defect or mis-
joinder of parties defendant, insufficient
cy OF facts, ambiguity, unintelligibility
and uncertainty. L. p. Dole represents
the defendants.
PlaintiT In the case of George w. Mac
farlane vs. Robert Cation, through his
attorneys, Hatch & Siliman and Robert
son 4 Wilder, yesterday filed motion
that the deposition of George w Mac
farlane be taken before the Judge. of
the First Circuit Court at a time and
place to be fixed by the Court and that
said Robert Cation be notified by
the court to appear at such time and
place to put such heterogeneous to. and
take such part In the taking of the depo-
sition of said George w. Macfarlane as
he may think fit. Such motion is made
because of the fact that said George w.
Is witness whose testimo-
ny as wanted In said cause. and because, |
being a resident OF San Francisco. he Is
now only temporarily within the jurisdIc- !
ton OF the court, and is about to depart
'or his said place of residence, not to re-
urn In time for the trial OF said cause |
Notice is given that said motion will 1
'e presented at 10 o'clock a. M today.
An inventory in the matter OF the es-
ate of Chang Tai, deceased was yester- I
lay filed by Chang San Fail, showing
AMOUNT of pronerty to he OF the total +
'alue of s2,352.91S.
DREDGING ARRANGEMENTS
Henry & Clark, who have practically |
the contract for dredging the en-
rance OF Pearl Harbor, have filed with
OF Public Works Nc
'ardless an application for the use of
he Government dredger. The appIica-
ion was yesterday favorably considered
" the Public Works office and arrange
nents have been made to allow the con-
FACTORS the use Of the dredger at a J
monthly rental, subject 10 bond, the Z
mount of which has not yet been agreed
mon.
huhUAI FIRST MATTER.
The Supreme Court held yesterday that
he decision OF the commissioner in the /,
oundary case of Kukuau First was in
omplete and ordered the case sent back
D the commissioner for such other pro-
ceilings rs may be necessary.
BOARD OF HEALTH DEMURs.
a demurrer and motion TO quash the ,
nit OF certiorarl heretofore issued In i
he case Of w $. Noblitt VS. the Roari I
{ Health, Were filed yesterday by the {
efondant by Its attorneys, Neumann n 4
avis.
The motion To quash the writ Is made 1
n the following grounds
The action Of the Board OF Health OF ;
Ne Republic of Hawaii cannot be re-
ersed by this court. the said BOARD hay-
~ ceased 10 exist
Tho Act complained OF was done by ~ Y
|lElatTT|Nl DfflHgr a WIf tha ktiuIafar nf ]