The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1901-06-07
COURT NOTES
,i'rom welna dave dallyJ


rNlaN N'ti ~
10. most important item ~ the day
was he ming uf papers with Deputy
United states Marshal U,udfy thistle
tutinE a suit for salvage wherein the
lntpr.isIaHd steam and Navigation
company ls libpllaut and the schooner
Dora liluhm is Iibollee. the salvage be-
INK claimed for IN" RESCUE uf th, Dora
Bluhm from wreck on the shore Of
Kauai last Saturday The cargo was
worth $1,000 and the schooner II valued
at 81 600 The amount ~ salvage N
left to the Judgment of the court Abra-
ham Lewis and ". o.. smith are at
torncys FOR libellant.
Deputy United states Marshal Hen
dry left last niEht on the Milkahala
for Kauai to serve the papers.
COURT NOTES.
In the case of Kalau VS. Eva Plan
tation Company. the defendant, by its
attorneys. F.. ". Hankey and Cecil
Brown has filed an exception to the
ruling OF Judge Edings on its motion
for new trial. and ask leave to have
their bill OF exceptions hereafter to be
filed, allowed and certified to the Su
preme Court.
In the case of J. B. Atherton VS.. Wa
hiawa Sugar Company. Limited, notice
is given by Messrs. Kinney. Ballou &
McClanahan, attorneys for plaintiff, TO
the defendant, that this morning at 10
o'clock the plaintiff will move the First
Judge to set the demurrer in the case
for hearing on day certain.
BOARDMAN VS.. FIREMAN'S FUND.
In the case OF George f. Boardman VS..
49,. yrut n
which plaintiffs claim for $1,000 was af-
frmed by jury in Judge Edings' court
Monday, Hatch & Silliman, defendants
attorneys have filed a motion for a new
trial on the ground that the verdict was
contrary to the lazy and the evidence.
A motion to enter judgment for the
defendant previously filed was overruled
by Judge Edings. The motion for new
trial has also been overruled, and excep-
tion noted.
The defendant has been allowed ten
days in which to perfect its bill Of ex-
ceptions on appeal by stipulation Of
plaintiffs attorneys. Bond in the sum of
$3.50 has been filed by the defendant on
appeal.
FEDERAL COURT.
Christian Ellenberg, a native of Ger
many, was yesterday made a citizen of
the United States by process of the
United States District Court
In the matter of ]. a. Butterfield in
bankruptcy, Judge Estee has ordered that
the referee in bankruptcy appoint three
disnterested persons to make reap
praisement of the property described as
belonging to the Buttertield estate.
The preliminary examination of Hat
field and johnson, the first and second
mates of Balaclutha, which was set for
~. ,gt, rfla off form hos ,.l
by Judge Estee until Monday afternoon
at 4 o'clock.
SUPREME COURT DECISION.
chief Justice and Justice Perry heard
Yooll Kce VS. Hilo Mercantile Company,
Limited, and agreed in an opinion writ
ten by the Chief Justice. 1t is on excep-
tons from the Fourth Circuit Court, the
suit being assumpsit for S4l.32, for money
claimed to have been paid by mistake.
The case was tried, jury waived, on APP
peal from the District Court Judgment
was rendered for the plaintiff in both
those courts.
The Supreme Court finds that the case
was before IL exceptions and the
question was merely whether there was
evidence to support the findings of the
Circuit Court.
The exceptions are overruled. The
law determined by the opinion is thus
stated in the syllabus:
"A mortgage cannot operate as secur-
ity for greater sum than that ex-
pressed on its face, even though it may
operate 10 secure future advances with
out so indicating on its face
Money paid under mistake Of fact
may be recovered, rs where plaintiff who
had assumed the payment of mort
gage. asked the mortgage how much
a hAin 81 yhn1
amount of the mortgagor's Indebtedness,
paid it, including an amount not covered
by the mortgage"
w. $. Wise is attorney for plaintiff and
Charles Nj. lie Blond for defendant.