The Hawaiian gazette., 1901-05-21

The summons Issued citing the par
ents of Yumie Ishikawa to appear and
show cause why the custody Of the
four year-old child should not be given
over to w X Azbill. he to place her
In the Hawaiian Orphanage has been
returned unserved after due and dill
gent search on the part of Deputy
Sheriff McGurn, who reports that the
parties summoned cannot be- found
SING CHoNG WINS.
The case of Sing Chong 4 Co. VS..
Lin Hop Wal Company, which has
been in Judge l1dings' Court since
Thursday last was taken up again
yesterday morning. and in the after
noon was submitted to the jury. The
following verdict was returned:
I'VE, the jury, find for the plaintiff
the possession of property and damages
in the sum of $sl.SS (none dissenting).
w. II. McInerny, foreman"
METCALF VS.. LOPEZ.
In the case of Thomas Metcalf VS..
Antoine Lopez, answer has been filed
by the defendant by his attorney, F.
j. Russell. He states that the land in
Manoa Valley was conveyed by Frank
Metca1f on November 30, 1880, for the
consideration of 5000 to John r. Silva,
and on January IA, 1886, by John II.
Soper, Marshal of the Hawaiian King
dom, for $3.50 to the defendant, the land
having been sold by order of Justice
Preston. On November /, 1897, plaintiff
conveyed the land by deed to defend
ant, from a desire to confirm the act
of his father "who pretended to con-
tha fec in said ~,
ompense the defendant for money paid
to the plaintiff and the plaintiffs faith
er.
CASES ON APPEAL.
John H. Coney has filed his bond in
the sum of $500 as trustee of the es-
tate of Mary S. Ashton and children
A. Fernandez and S. w. Wilson are
sureties on said bond. In this matter
a receipt has been filed showing that
John Ena, formerly administrator in
said estate, has paid over to j. H.
Coney, said trustee, the sum of $4,1443O,
the same being the amount of cash in
the hands of said former administrator.
COURT NOTES.
The defendant in the case of j. AL
fred Magoon VS.. Louis Marks has filed
his bond on appeal in the sum of 5000,
e. G.. Winston being surety.
A motion for a new trial has been
made by the plaintiff in the case of T.
w. Hebron VS.. C. l. Helm, on the
ground that the verdict rendered was
contrary to the law, the evidence and
the weight of evidence, and that the
court erred in instructing the Jury
In the case of Kan Wing Chew vs.
Chas. F. Chillingworth, the defendant
by his attorneys. Robertson & Wilder,
has filed an answer of general denial
to the amended declaration of plain
tiff.
Upon the petition of Mrs. Maria Kali
that Miss Becky Leikula Keliip-
uole be substituted for plaintiff in the
action to quiet title of S. H. Kalamazoo
VS.. II. Wharton, ct al, showing that
said plaintiff is dead, the court yester-
day ordered that said Becky Leikula
Keliipuole be substituted for PLAINTIFF in
said cause, and that said petitioner.
Mrs. Maria Kalamazoo be appointed
her guardian with power to act for
plaintiff (who Is minor) in said mat
ter.
An amended declaration in the case
If T. M. Harrison vs. ]. A. Magoon, ct
al, has been filed by the consent of
Judge Edings, allowing the defendant
:wenty days In which to file his answer,
In the case of the Territory vs. Queen
and John H. Wilson. the
have filed their bond on ap-
zeal In the penal sum of $50, ]. o. Cart
IT being principal The appeal is taken
rom the order of the First Judge of
he First Circuit Court, overruling de-
endants' demurrer.
The plaintiff in the case of Harvey
+. Hitchcock VS.. The Hawaiian Tram
ways Company. Limited. has filed his
'ond on appeal in the sum of 5000. with
William o. Smith as surety.
The British Columbia ranchers are