The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-05-18

ing, and in the afternoon prepared and
Egave his charge to the grand jury.
JUDGE EDINGS' COURT.
The ejectment Sing Chang Co, vs.
Lin Hop Wal, continued from Thurs
day, was taken up yesterday morning
and occupied all day in Judge Edings
court, Cecil Brown representing the
! plaintiff and Andrews, Peters & An
drade the defendants AT o'clock the
court adjourned, and continued unit
Monday morning at 10 o'clock. The
taking of evidence for the plaintiff has
lbeen completed.
This morning Judge Edings will heal
Imotions and demurrers in the civil
cases that have been assigned to hin
on account of the disqualification OF
Judge Humphreys
ORPHEUM MORTGAGE.
Chas. S. Desky has begun proceed
ings in foreclosure of a mortgage on the
Orpheum Theater building, in which
mortgage, The Orpheum Company
Limited, is the mortgager
The petition of foreclosure sets forth
in substance, as follows: That on the
first day of January, 1900, the Or
pheum Company owned in fee simple a
parcel of land on the north side of Fort
street, Honolulu, 1929 feet from Bere-
tania street, containing an area of .3S
of an acre, subject to mortgage to
the Hawaiian Evangelical Association
for SIS. 500 al 4 per cent per annum in
terest; that on or about the same date
| the Orpheum Company executed a
mortgage to said Desky for $37,0 900 net.
above all taxes and assessments, with
interest at per cent per annum, pay
able semi-annnally; that the defendant
by the mortgage promised to pay the
said sum of &37 900 with interest, as
stated, according to the tenor of seven
promissory notes for $1,000 each; that
the second of these notes became due
on January ], 1891, and was not then
and has not yet been paid; that fail
ure to pay any one of the notes as they
became due, should, according to the
agreement, constitute a breach and de
fault of the mortgage, wherein the
mortgage might be foreelosed.
1t is further set out that the proper
ty consists of a business block occu-
pied by a theater with store buildings
along Fort street, on which the build
ing fronts; that it is not capable of
subdivision and sale in portions with
out great sacrifice; that the income in
rentals from said building is about 800
per month; that the mortgage indebt-
edness on the property is approximate
ly it's full value; that said Orpheum
Company paid no interest on the notes
since July 1, 1900, and is collecting the
income of the property without apply
ing it upon either principal or inter
est of the mortgage Indebtedness.
The plaintiff prays that the amount
due and payable by virtue of the mort
gage be ascertained by direction of the
court, and the Orpheum Company be
ordered to pay the amount, together
with the costs of foreclosure and a
reasonable attorneys fee, to be fixed
by the court on or before day to be
fixed by the court, and that in default
of the payment a sale of the mortgaged
premises be ordered
COURT NOTES
Judge Edings formally ordered judg-
ment in the ejectment suit of L. Ahlo
VS.. Now Yuen yesterday according to
the verdict of the jury on Thursday,
finding for the plaintiff in the sum of
$50. The bill of costs in the case taxes
s32.5O.
w. o. Smith yesterday filed his bond
in the sum of s700 as administrator de
bonis non in the estate of George e.
Richardson, with Arthur B. Wood as
surety.
In the case of ]. A. Magoon VS.. Eliza
beth Robson, the motion of defendant
to vacate order of default and for leave
to file answer has ueen denied by tne
Court.
Argument on the motion of defendants
in the case of Fred Meyer VS.. David K.
Naone and Jessie T. Naone his wife, /
that the Court strike out the complaint
because the same was not verified by
oath, came up for hearing yesterday in
the First Circuit Court. The Court de-
MED the motion and plaintiff is required
to file affidavit on Monday, setting forth
that the matters contained in the Court
are true.
In the case of Oliver lavish and Mag
gle lavish VS.. Lula, the defendants mo-
ton that the plaintiffs be required to
make their petition more definite and
certain was yesterday denied by the
Court.
In the case of Comes VS.. Cordeiro the
defendants demurrer was sustained and
plaintiffs bill dismissed
GNAU CHONG ANSWERS.
In the action for an injunction of Ket
On Fui Kou Society vs. Gnau Chong, the
defendant by his attorneys, Magoon &
Thompson, has filed an answer to plain
tiff's bill.
Defendant denies that he is building or
has built any structure obstructing Ber-
etania street in front of his premises,
and alleges that he is erecting build
ing on his own land, purchased by him
from the Government, to which struc-
ture he believes plaintiff alludes in his
complaint as an interference. He fur
Their says that the topography of the
district wherein the land is situate I'M
derwent a great change in that the bed
of the Nuuanu stream was shifted by
and with and under the authority of the