The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1902-03-25
COURT NOTES.

Judge Robinson yesterday heard the
application of \. $. Cleghorn for an
order to cite w. r.. Castle for contempt
in the matter Of the estate OF Antonio
Philip. The motion was taken under
Amusement and a decision will not be
given until next Monday. A rather
curious state of affairs was disclosed
a. the hearing. The Philip estate has
been in the courts for years, and CieE-
horn, who was the administrator,
thought he had been discharged years
ago. Later it developed that there was
sCiil piece of property which IN some
unaccOuntable manner had been scl'-
arIted from the rest of the estate, ard
which the heirs claimed. The title rest
ed in w. Il. Castle, but Governor Clog
hcrn, was held to be responsible for II
by the court and ordered to turn II into
the estate. or else It's equivalent, held
to be $500. Mr. Cleghorn paid the
money, and then attempted to re-
cover the property from Castle. The
case was in the Supreme Court twice
and the final outcome was an order di-
rectinE Castle to return the property
to Cleghorn. Mr.. Castle forthwith made
n deed of the property conveying 1t en-
tire to Cleghorn. and the matter was
thought to be closed Then in comes
the administrator again, and i'm his
motion yesterday, alleges that though
he got the deed, he could not secure
possession of the property. Mr.. Castle
in his answer to the motion for con-
tempt citation, stated to the court that
he had done everything in his power to
comply with the order previously made.
He said that he had conveyed the title
to Mr.. Cleghorn but later he had learn
ed that one of the four heirs under the
will had sold 1t to another party Con-
sequently Mr.. Cleghorn could obtain
title to but three-fourths of the prop
erty, and he wanted Mr. Castle
to secure the remaining One-fOurth.
Judge Robinson stated his inability to
tell exactly what was proper in the
premises, and announced that he would
give "A decision next Monday.
SUPREME COURT DECISION.
A decision was handed down by the
Supreme Court yesterday sustaining
the lower court in the case Of Jonathan
Shaw, tax assessor vs. Chas w. Booth.
BY the decision Booth Is compelled to
pay taxes amounting to $500 and an
added penalty OF $3.50 on the Pacific
Heights tract which he had conveyed
TO c. S. Desky Professionally. The opin-
ion is written by Chief Justice Frear,
concurred in by Justice Galbraith, JUS
tice Perry writing dissenting opinion.
The court holds that the defendant
made no objection to the payment of
500 600 upon the land, but objected to
paying $4,000 assessed for improve
ments. The court in it's syllabus says:
One does not cease to be the owner
- r ~ Al r
taxation by merely entering into an
eNecutory agreement to convey the
same upon certain conditions not yet
performed.
Under IA statutory provision that
different items of property and differ
ent interests in property should be as
sessed separately, an assessment in
good faith to one person OF "A whole
tract which was previously owned by
him and which could properly be as
sessed as a whole to him II wholly
owned by him, is not wholly void mere
ly because he had sold a small portion
of the tract without the knowledge of
the assessor.
I'm such case, as in cases Of mere
over valuation, the sole remedy Is by
an appeal from the assessor to the
Tax Appeal Court and not by an ac-
ton or defense In an action at law,
and If the party has neglected to make
a return as required by the statute he
cannot appeal to the Tax Appeal Court
and has no remedy"
IN FEDERAL COURT.
Wade Warren Thayer, as trustee, has
filed his second report in the matter of
the bankruptcy of c. Il. Amana.
Judge Estee overruled the demurrer
in the case of Mcclellan VS.. Cofer.
BY stipulation filed yesterday. the sp-
peal OF II. Hamano. in the matter Of
the protest against the classification of