The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-10-25

Gear sustained the decision of the
court. He holds:
In this case the plaintiff obtained a
judgment against the defendant, and
also the garnishee, from which judg-
ment the garnishee has appealed.
The garnishee admits that prior to
the service upon him of garnishee sum
mons he owed defendant certain mon
ey, and alleges that before such serv-
ice he had agreed to pay the money to
Levers & Cooke upon an account due
from defendant to Levers & Cooke
The evidence fails to show that de-
PENDANT was released from the bill due,
and, in fact it seems that Levers &
Cooke looked both to defendant and
the garnishee for payment The evil
dence also fails to show that defend
ant released the garnishee for the debt
due defendant. In fact, the evidence
falls far short of showing novation
of contract, and it is evident from all
the evidence that the garnishee and the
defendant at the time of the garnish-
ment, owed at least the sum of 1921 "a,
and plaintiff is entitled to judgment
against said garnishee for said 1921 .S4.
with interest from February 2S, 1901,
and costs. GEAR. Judge.
THREE NEW SUITS.
j. A. Magoon has entered suit against
Kalei to reform deed and decree of
partition upon certain property at
| Waiau, Eva, Island of Oahu. The
| property consists of taro lands, which
| both parties claim under inheritance.
| The defendant has leased the land in
question to Kan Foo Sin, and plaintiff
asks an order compelling said Kan Foo
| Sin to pay the rents to him and de-
| PENDANT jointly. 1t is further asked
that Kalei be restrained from collect
ing said rents, and that the land be
apportioned one-half to defendant, and
the other one-half to plaintiff.
| Sister Albertina, trustee for Stella
| Cocket, has filed another suit against
| the Kapiolani Estate, Ltd, for the pos
session of land situate at Kaalaaluna
which it is alleged said defendant is
unjustly holding and leasing to Choy
Tin. who is also named as a defendant
in this action. Plaintiff claims to have
been damaged in the sum of $4,000 by
reason of said alleged wrongful con
version.
The Enterprise Mill Company has
entered suit against Lee King, as de.
PENDANT, and J. Kunewa, as garnishee
/ for the sum of 1929. The suit is or
certain promissory notes for small
Iamounts, with interest and costs.
THE SUPREME COURT.
The Supreme Court was in session {
few minutes yesterday morning, anC
adjourned Immediately to Monday
Case number five on the calendar wa'
set for hearing at that time.
CIRCUIT COURT NOTES.
An order was made fixing the date
of the Orpheum sale for November 16
by J. F. Morgan, auctioneer.
An answer making a general denia
has been filed in the case of Solomon
Mahelona VS.. Luke Kalolou.
An inventory of the estate of P. K
Kuahu was filed yesterday. showing
property valued at $40.
An appeal has been filed by defend
ant in the case of J. E. Fullerton VS.
w. G. Achi. Judge Dickey found fol
plaintiff in the sum of SIZES
Kapale has been appointed admins
traitor of the estate of Kahana Kahale
with a bond of $500.
An order was made for the discharge
of Jacintha Rawlins. who was required
to show cause for not producing
deed.
A discontinuance has been filed il
the case of Lewis & Co. VS.. Ben Guer
zero ct al.
The masters report in the matter o
the Steigman estate has been approx
ed, and the master, P. d. kellett Jr
allowed a fee of $50.
Frank P. Lewis, of Seattle, has bee
appointed as a commissioner to tax
testimony of the plaintiff in the cas-
of A. E Augustine VS.. Oceanic Steam
ship Company.
Jury has been waived in the case o
Kealakaa VS.. Kahaokamoku.
~