The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1901-12-09
AN APPEAL IS TAKEN.
EFFORT no FORCE Humphreys
no SIGN DECREE.
Supreme Court VIII Hear Petition Tor
Mandamus tomorrow Decisions
Given on saturday.

The Kaplolanl estate is now trying
To force Judge Humphreys to- sign the
decree of sale I'm the matter OF the
foreclosure on me Progress block. rms
is the case I'm which Judge Gear signed
a decision just before he left and Hum
phreys refused TO sign the decree be-
cause he had not heard the case. A pc
tition was made to the Supreme court
on Saturday praying for writ of man
damus to compel the Judge to sign the
decree. Chief Justice Frear signed cita-
ton for Humphreys to appear tomorrow
morning i'm the Supreme court, on the
following showing Of facts:
THAT no objection was offered or
raised by the Hon. A. S. Humphreys as
to the form of said decree. but the sole
and only objection raised by the Hon
A S. Humphreys is his lack OF Jurisdic-
ton and power to sign decree in equity
resting unon a decision made and rem
dered by the Hon. George ID. Gear, sec
ond Judge of the Circuit Court of the
First judicial Circuit. nor have said de-
PENDANTS Charles 5. Desky, trustee, and
Minnie Desky, or their attorneys, or any
of them, objected to your petitioner or
to the said decree at any time.
THAT your petitioners right to have
a decree signed by the said A. S. Hum
phreys is a clear, legal and existing
right, and one which cannot be en-
forced by any other proceedings than
the one here instituted, nor has petit
toner any other specific and adequate
remedy"
When served with the original papers
Judge Humphreys Endorsed them as fol-
lows:
Il hereby waive service of process
herein and do now enter my appearance
in said cause and submit to such order
as the Honorable Supreme Court may
be pleased to make in this behalf
"A. S. HUMPHREYS,
First Judge"
An appeal to the Supreme Court has
been noted in the case of f. Wunden-
berg VS.. George Markham, in which
demurrer was sustained.
Judge Humphreys Saturday grant
ed Ain bona a divorce from Athena
Kino Ahona on the ground of desertion.
Judge Humphreys has reduced the
fine of Adachi convicted of selling Ii
quor, from $3.50 to 800.
An appeal has been filed from the
order of Judge Gear in the matter of
the Schlief estate, allowing 5000 to j.
A. Thompson, as commissioner and to
w. E. Fisher, of S1,14S.2O for auction
GERS fee.
The Supreme Court in a decision filed
Saturday, reversed the Circuit Court in
the case of Schweitzer & Co., VS.. Char
les j. Fishel The suit is for a balance
of $6i0.0S, due for goods sold and de-
livered by plaintiffs to Mrs. G. A.
Turner in reliance upon a letter from
Fishe requesting that they see to me
for payment" The lower court held for
plaintiff, ruling that Fishel was liable
as guarantor In an opinion written by
the chief justice the distinction between
guarantor and surety are clearly drawn
1t is held Inat Mrs. Turner was prima-
rily liable for the debt and Mr.. Fishel
only secondarily, after all means to Sc
cure payment had been exhausted. The
decision of the trial court is reversed
"a a nd nn fn a toll
The Supreme Court also decided an
appeal from the tax appeal court, as
sessing certain property of the Car
Mot estate at 100000 The property in
| volved in this appeal consists of a
| piece of land situate on the corner of
King and River streets, and extending
to Hotel street, in this city, the 'front.'
age on King street being 20 feet and on
River street so feet. The other dimen-
sions do not appear in evidence. The
area is SIP square feet. The lot was
on January l, 1901, the date of the ass
essment, vacant and entirely unimprov-
ed. The value returned by the tax
payer was $4,000, that placed by the as
SCISSOR $4,000, and that fixed by the Tax
Appeal Court 81, 500.
w. j. England and company have
| filed notice of a mechanics and ma
terialman's lien against NJ. w. Nc
Chesney and company, for $16S, on ac-
count of some work said to have been
done for the firm.
An appeal has been taken by V. Fer
nandez from a judgment of Judge
Dickey for $256.SO, in favor of c. c..
Biting. Appeal has also been taken
in the case of Gehring and Butzke
against Chez Wo, a suit for $76.S7, in
which a judgment for defendant with
costs was given in Dickeys court.
! The Supreme court adjourned to
| Monday, January g.