The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-04-20
The DAY IN
THE COURTS
Wilder S. S. Co.
Files Bond for
$4,000.
DECREE IN THE
DOWSETT CASE
Numerous Probate and Guardian.
ship Matters Before the
Court.

The case of E. L. Green, hackman
charged with needless driving, was
yesterday nolle pressed by the First
Circuit Court. The defendant was
charged as stated, for having upset a
brake in which a native, Makaena, and
his wife were driving. Green was in a
wagon and drove by the brake in such
manner as to break wheel of the lat
ter vehicle, throwing the native woman
out and injuring her foot seriously. A
month or so later the woman died. 1t
is understood that the defendant will
be held to answer to another charge.
COURT NOTES.
} ]. Alfred Magoon, plaintiff in the
action of Magoon VS.. Murray, has filed
q joinder in demurrer with the de-
PENDANT stating that the complaint does
not state facts sufficient to constitute
a cause of action.
All Kung, by his attorneys, Wilder &
Chillingworth, has withdrawn his ap-
peal in the assault and battery case,
excepting to judgment of the District
Court
Arthur G. Hodgins, a creditor of the
estate of George McInnis, has petition
ed the First Circuit Court to appoint
David Dayton as temporary admins
traitor of said estate, which is valued at
$3.50, this sum being now in the pos
session of j. F. Eckardt, Superintendent
of the Queens Hospital. No other
estate is named, except a trunk. the
contents of which are not known, and
no heirs are known to petitioner ac-
cording to his petition.
The defendants in the eJectment suit
of G. Lai Young VS.. Sophie Kohuole
Wiley and Chun Kin Fong, have, by
their attorneys Magoon & Thompson,
filed an answer of general denial to
the plaintiffs complaint. Notice is
given also that the defendants will rely,
among other .defenses, upon the de-
Tense of adverse possession.
BECOME LAWYERS.
George P Kauimakaole and J. w.
lKeiki, both native Hawaiians and mem
Ibers of the present legislature, yester
day petitioned the First Circuit Court
for examinations to be admitted to the
bar and if successful to be licensed
to practice in the District Courts of
Hawaii and before the Circuit Judges
at chambers. They were both admitted
and upon filing oaths were licensed to
practice as petitioned.
$4,000 BOND FILED.
In the case of George U. Hind ct al.
Tvs Wilder's Steamship Company, the
defendant yesterday filed a bond in the
sum of $40, 900, with Samuel G. Wilder
and William G. Brasch, as sureties.
The condition of the bond is that the
amount pledged is to be paid to the
defendants in case of the faflure of the
defendants to pay the sum of $54, $50. 70,
(Which amount is the amount of judg-
ment rendered in favor of the plaintiff
Heretofore by the Supreme Court to
1.-THE plaintiffs, upon the vacation by the
ISupreme Court of an order staying the
execution of said judgment until its
further order in case such order Is
vacated.
DOWSETT PARTITION CASE.
In the action for partition of Genevieve
Dowsett, an infant, by j. M. Monsarrat,
her guardian. VS. Elizabeth ]. knight.
ct al. Attorney w. Austin Whiting,
counsel for the plaintiff, yesterday nleo
a motion to amend the report of the
commissioner in the case, the suggested
amendments being to correct errors ana
omissions in descriptions of real estate.
In reference to the roadway set forth IN
the said report, the movant moves tha'
the description Of such road be amend
ed as suggested and that the same De
by decree made a private right OF way
appurtenant in common to certain lots
named to be maintained unobstructed ana
as a means of ingress and egress Tor
said lots and for the owners Thereon anu
their successors
The amendments suggested In the mo-
ton were agreed to by Attorney Faui
Neumann. for defendant Marian G. Dow
O. d9fpnusIDtS
Rowena N Turner and II. V. Turner
and Atkinson & Judd for defendant Eilz-
abeth J. Knight, and the motion wasgal-
lowed by the Court, the clerk being or
dered to amend the reports in accordahce
with the suggestion of the motion.
The First Judge of the First Clreul
Court then issued decree In the matter
Tn This decree it is stated that it appear
inc from the commissioners report tha'
the setting apart and partition OF ths
nroperty in question heretofore oroeree
| nv the Court could not be mace IN ac
ccrdance with the interests OF all tii'
, parties concerned, without hrst haVlhe
/ the improvements and buildings remover
erch buildings and improvements Were
ordered to be sold at public auction, ah'
tbot the lands thereafter be divided ac
oordinp TO the commissioners plans suo
/ nitted the purchasers OF such improve
+ and buildings to remove the sam
! within twenty days, and the commission
| az TO report such sale to the Court.
II was also ordered that the road o
| Lana manned out and specified IN PLAIN
| .;e,s motion. be made a public right o
! W vs., as prayed for. It was ordered tina
| lots A B, G, D, E and of the Dowset
| homestead be set apart. allotted and par
I titinned in seyeralty to Genevieve Dow
: sett. freed and discharged from "a. al
claim, property, right or interest on Tn
part of the defendants -Aarian y; Low Low
set+ Rowena N. Turner and h. V. TUT
nor and such defendants were erdere
e. ~ make deeds and conveyances of thei
le interest in such property to said Gene
- We've Dowsett.
In conclusion 1t is ordered that the de
cree with regard to the sale and remova
of the buildings and improvements or
- dered to be sold. may be modihed upo
y .nnIicatio of counsel and the fees of tn
=. i=zic,r,ar ardered settled and al