Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1902-02-18
FRED WUNDENBERG
AS KONA RECEIVER
S. M. Damon Not Eligible
According to Judge
Humphreys.
WILL OF THOS. E. KR0USE
FAVOR WIFE AND child
MCBryde Bonds Not Favored For
Trust FundS--Several Divorces
Granted Line Fence
Decision,

In the famous line fence case Of Joa.
quin Silva VS.. J. F. Souza. a unanimous
opinion OF the Supreme Court written
by Justice Galbraith overturns the
Judgment of Circuit Judge Gear for
plaintiff, the syllabus being as follows:
I'm an action for damages for re-
moving and appropriating a division
fence, the property of the plaintiff
and for the construction Of a new
fence on plaintiffs land near the d.
vision line, being picket fence 80
feet in length and six feet high, a
Judgment in favor of the plaintiff for
1886 is excessive.
Where an appeal is taken from
judgment Of a district magistrate to q
circuit Judge at chambers, the circuit
court has no jurisdiction 10 hear and
determine the cause"
The plaintiff originally obtained
judgment for $40 in the district court
and appealed on the record and evil
dence certified from the lower court.
The cause is remanded to the Circui;
Judge with direction to grant trial
at chambers. ]. NJ. Vivas for plaintiff;
J. T. De Bolt for defendant.
Thomas L. Krouse, the unfortunate
Boniface who recently committed sui
eide. left will. Mary F. Krouse, the
widow, by her attorney in fact, F. L,
Hoogs, yesterday afternoon filed a
petition to admit the will to probate,
As John Phillips, the executor named
in the will is dead the petitioner asks
that her brother-in-law, Frank Ian
ders Hoogs. be appointed in his stead,
The estate consists of nine lots in Ka.
piolani Park Addition valued at $500
and furniture and lease Of the Airing
ton hotel valued at $3.50, the lease be-
ing for Ave years from November, 1901
! The will was executed on March 20
1899, in presence of II. +. Waity ant
Mary f. Low. 1t leaves everything II
! trust to the executor for the testator'
wife and daughter, Edna Mary Con
! stance Krouse, the latter having 5000
out of life insurance policy set apart
| So long as the wife remains unmar
ried the executor will allow her to car
ry on the Arlington hotel II profitable
otherwise to sell II for her benefit. Re
marriage of the mother has the effeC
OF turning the whole estate over TO tn
daughter. In the case Of the death o
either, the survivor takes her portion
Deputy Sheriff s. NJ. Spencer o
South Kohala has made return OF sum
mons in the injunction suit of Kapio
lani Estate VS.. Mary II. Atcherley. TIL
process Is to restrain defendant iron
proceeding with an ejeCtment sui
against the plaintiff. Ancient cour
records OF lawsuits in which David IA
lakaua was involved before becomin
king make the papers bulky.
A return has been received iron
Nathaniel L. Martin, notary publ
; OF Concord, n. H.. as commissions
appointed by Judge Humphreys to TAX
the testimony of Mary J. Hoyt an
Garrett S. Stow, sister and brother @
the late ]. c. Strow, in the matter O
the latter's estate. II shows that the
are the only surviving heirs at law G
the deceased, who was chief enginee
Of Wilder's steamer Kinau.
DEGREES OF divorce have been granite
in the cases OF John Mahunalii vs.. Vic
toria Mahunalil, Marie Maxado vi
Manoel Silva. Maxado, Lena X. Adam
VS.. Howard w. Adams and Akul
Woodward VS.. Joseph Woodward. TIL
motion for alimony in the case G
Mary NJ. Malian VS.. X. c. Malian wa
dismissed. In the case of Mary IsabC
Harrub VS.. Ernest l.. Harrub, Judg
Humphreys ordered the libelee to pa
within twenty days $50 as attorney
fees for libellants counsel and SIS q
costs of action.
Il. NJ. Watson master. reporting o
accounts of Irene II Holloway, guar
dian OF George Ii Brown and Franci
Hyde Ii Brown, minors, recommend
the disallowance of items for must
and dancing lessons, bicycle repairln
and medical attendance, on the groun
that such expenditures or~'' to com
out Of the $50 q month allowed by tn
court for support and education of eac
minor. He would also disallow tn
purchase Of a $1,000 McBryde Sugar c.
bond at SO for each minor, becaus
minority holders Of such bonds are nc
protected in the event of foreclosure
Irene Ii Holloway by her attorney
Robertson & Wilder, has taken out
writ OF error against c. A. Brow
upon the decree OF Judge Gear In III
matter Of the guardianship of Geore
Ii Brown and Francis Hyde Ii Brow
claiming that the decree was void fc
lack of jurisdiction Of Judge Gear
making II.
Charles II. Hemenway, administri
! tor of the estate OF II, G.. Biart, d,
ceased, has filed an inventory yaluin
the estate at $22S3.25.
Alice Metcalf, as trustee for Emm
J Metcalf Ihaika, and Frank Godfrey, {
J trustee for Thomas Metcalf, hay
? brought an action against Emma \
: Nakuina to quiet title in 4.S6 acres
D land in Manoa valley.
l.. l.. McCandless has brought a
ejectment suit against Honolulu Plal
|! tation Co. and Woodlawn Fruit C
for two apanas at Halawa, Oahu, col
, tanning one acre and 96-1OO chat
, claiming damages Of 500.
a All Chew, who pleaded guilty to en-
!, | hezzlpment Of S75 20 from Marpar