The Hawaiian gazette., 1901-03-19
IN UPPER
COURTS.

| The appealed case of Rose A. Miner
vs.. DR.. +. L. Miner came before the
Supreme Court yesterday. This case as
1t now stands Is rather a muddle. When
the judgment had been given in the
First Circuit Court granting the plain
tiff divorce and alimony the defendant
appealed to the Supreme Court upon ex-
ception to the alimony and other ex-
ceptions. Subsequently the plaintiff
filed discontinuance of the case in
the lower court, which made null and
void the divorce already granted. De-
PENDANT then filed dscontinuance of
his appeal which was allowed, but
with his discontinuance the divorce,
with its provision of alimony in the
lower court, was again valid, and his
| objections withdrawn, leaving the d-
vorce as granted still a bar between
the defendant and the plaintiff who de-
sire to be united and to have the divorce
proceedings entirely wiped out. After
some discussion suggestion by which
the tangle might be Strengthened out
was made, and Magoon & Thompson
and Cecil Brown, defendants attor-
neys, will endeavor to have the plain
| tiff's discontinuance. which was filed in
the lower court, made a part Of the rec-
ords in the Supreme Court whereupon
the case can be dismissed from the
| hiG her court.
| THE matter with it's peculiar phase of
! difficulty occupied nearly the entire aft
ernoon in the Supreme Court yesterday.
The case of Volcano Stables and
Transportation Company vs. Hayashi.
ct al, also came up in the Supreme
4 mt l,Iyt nnftn fol ~, he
matter.
A petition was yesterday filed in the
First Circuit Court by L. K. Keliino-
hola and Keliaipuupuu, father and
mother of the infant child Alika, pray
ing for an order of court legalizing the
adoption of said child by Alika. Karat
Il and Mary Karatti, who Herewith
filed articles of adoption. The child is
shown to be six months of age and 1t is
alleged that the infant has been In the
care and custody of the adopting par
ents since it's BIRTH with the consent
of it's natural parents. The articles of
adoption are in usual form and state
that 1t is for the best interests of the
child in the matter of education, care
and financial prospects, that the said
adoption be legalized
| A decree was issued by the court
stating that upon the affidavits ac-
companying the petition and articles of
adoption it appears that the adopting
parents We're of good character and
able to care for, educate and further the
interests of the infant, it was ordered
that the said articles of adoption be le-
galized The costs We're ordered remit
ted and the acknowledgment fees were,
by the court, presented to the infant
| Hearing was had yesterday morning
administrators objections to the reports
of the master in re the estate of John
| Philips Ruling was reserved by the
Court.
| Chang San Tai has peen duly appointed
! administrator of the estate of Chang Tai,
deceased.
| NJ, q. Silva was yesterday morning ap-
pointed administrator of the estate of
NJ. Gomas Garrido, deceased, j. A. M.
Osorio. formerly administrator. having
rendered his resignation and been dis
missed. Bonds were given for the amount
OF 5000.
| Henry Maui was appointed administra-
tor of the estate of p. X. Kuahu, with
will annexed under $3.50 bond. on Satur-
| day.
| In the estate of A. A. Todd, deceased,
the masters report was confirmed yes
terday, and the executors accounts al
lowed. the commissions of the executor
being disallowed.
The Judge of the First Circuit Court
yesterday issued order confirming
sale of real estate in the matter of the
estate of ]. Pinao, deceased. The sale
was made under order of court by Sam
uel Kailimai, administrator, the said
real estate comprising about fifty-eight
acres of land situate at kaniahiku, Puma,
Island of Hawaii and being sold to A.
J. Campbell. the highest bidder for
81 600.
GUARDIANSHIP MATTERS.
The masters report in re the estate OF
kealohaokalani was yesterday approved
and confirmed. and the former guardian.
Pal was by the Court ordered to pay to
his successor, Frank Archer, the sum of
1903.
In the guardianship matter of Margaret
A Robertson. the accounts of John Cas-
sidy. guardian, We're yesterday approved
by the Court, and II was directed that
the guardian invest $1,000 at the best rate
of interest obtainable, taking a good and
sufficient security therefor, and that the
balance of $53711 be retained and held by
the said guardian As an emergency fund
for the insane ward.
UNITED STATES DISTRICT COURT,
In the United States District Court
decision was yesterday given by Judge
Estee in the case OF d. Horriyea, other
wise known as the Toxic immigration
Company. VS.. Maunalei Sugar Company,
sustaining the demurrer on the ground
that he had no jurisdiction In the mat
ter.
Argument in the case of Kamaka Ke-
hauoka VS.. schooner Robert Levers was
heard yesterday in the United States Dis
trict Court, the same taking up nearly
the entire day.
COURT NOTES.
In the case of S. Ahmi VS. James
Ashford ct al. the petition for order to
- lkl wa gfar InNE .NfINfa =.
the Judge of First Circuit Court.
In the etectment action of Hawaiian
Trust and Investment Company, Limited
VS.. Annie Barton, Helen A. Dunning ct
al an answer of general denial was yes
terday filed by Defendants j. ]. Sullivan
and j. BuckleY. by their ATTORNEYS.