The Hawaiian gazette., 1901-05-17
COURT NOTES.
(From Wednesdays Daily)
JUDGE EDINGs' COURT.

L.
The assumpsit case of j. A. Magoon
VS. Louis Marx came up before Judge
Edings yesterday morning. Evidence
was taken and argument had, Magoon
& Thompson appearing for plaintiff and
George Davis for the defendant
The case went to the jury at 8
O'Clock p. M, and after an hours DELHI
GRAFTON a verdict for the plaintiff in the
sum of 500 was returned.
| The Jurors were as follows George
a. Howard, Jr., Solomon D. Koki, Ho-
ratio G.. Crabb, w. H. McInerny, Err
nest A. Ross, Hugh II. Waller, VIM.
B. Rice. David F. Thrum, Ward S.
Bartlett +. c. Holstein, Solomon Peck
and Waiter A. Hardy.
A motion for leave to file the plea to
set off, and plead the same to the ac-
ton and that he be allowed to intro
duce evidence to sustain said plea, was
made by George A. Davis for the de-
PENDANT
The motion was presented and per-
mitted to be filed at the request of
counsel, after an oral motion to the
same effect had been presented and
overruled by the court, and after argu-
ment on the part of the defendant to
the jury.
The court was then adjourned until /
this morning at 10 o'clock, when the I
case of Gulstan r. Ropert, trustee VS. /
Sol. Kauai, ct al. will be taken up. the .
same being an action in ejectment.
Stewart, Hatch & Silliman for the
plaintiff and Kinney, Ballou & Nc
Cianahan and Magoon & Thompson for
COURT NOTES
discontinuance of the case of Leo
Lawton VS.. Charles Chillingworth has
been asked by the plaintiff, through his
attorneys Andrews, Peters & Andrade.
The plaintiff in the case of Ozaki Sho-
ten VS.. Union Assurance Company by S
his attorneys, Kinney, Ballou & McClan- |
ahan, has filed discontinuance of his c
action.
The case of Luika Kelinohe VS.. Henry q
R. Macfarane has been continued until a
leXt term.
Summons has been returned in the
matter of Hiro Hirosa, J.
showing service upon Kma Hirosa, $
mother of Hiro Hirosa. The summons n
vas issued on petition of w. X. Azbin, e
Who alleges that the mother is an unfit
person to have the care of the child. and a
lie desires to place 1t in the care of the n
hawaiian Orphanage at Kona, Island
# Hawaii, Of which institution he is
resident.
COELHO LIBEL CASE. u
The plaintff in the case of William j. a
'oelho VS.. Robert Grieve Publishing Co, $,
It'd, by his attorney Lorrin Andrews,
as moved the Court that the said cause G
e continued for the term. The motion -
based upon the pleadings and proceed
lgs had and the affidavit of Lorrin An -,
rews filed with the motion, which afii-
aVit AYERS that the plaintiff is now u
'ithout the jurisdiction of the Court, in
Ne city of Buffalo, and that his testi- u
lony Is valuable In the trial of the case. tC
cling TO the effect that the defendant
orporation did. on November T. 1900 OF
impose ana cause to be published In al
he Honolulu Republican certain false, az
and defamatory libel concern a.
y the plaintiff, meaning to thereby dis -,
ace and maliciously intending to there :"
inJure the said plaintiff, all TO the ~
image of plantiff In the sum of $1,000 BE
The aiiidaylt AYERS that the said hll-
an j. Coelho In the only witness that IN
N testify TO all the facts set forth, 70
I'd that the trial cannot safely TO ed
aintins Interests be proceeded with In To
e absenee Of said witness. nj,
DoDD ESTATE an
Ia the matter OF the estate Of James ba
add, deceased petition for the con- vi
ming Of sale Of leasehold estate has ma
en- hled by Robert N. catheart. the ~
eeutor Of the Dodd Estate.
fetllloner shows that In pursuance OF r.,
order Of Court under date Of April m,
1901, he proceeded 10 sell certain 49,,
feihed leasshold upon the beach road W.
operiy, wsiklki, Of the estate OF Jas.
ID, deceased, receiving cash therefor kf'
IN l., g, Ablss 10 ihs mount on A.. tbs
ehaflss for publeetlon " notice, II
sisfs and auetlonfsr fees. certified ~ bul
eehnd feuehefsi are iiemiss4. making Ian,
total ~ lAib, which sun, dndueley lHbf
H lps pioessds " sale leageb = nei lbs
Ancr ~ li.k1i0 ii.
De aHlasFll " james y Apisan. aues 4
Hssf. } nlfa sllh shs petition
HfliAnbhOk ESTATE a.
'lllAm q smith haa lslllloasd Iaf M
slH ~ Standardization a. lens non ! IA