The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1902-06-26
SUPREME COURT HANDS DOWN
OPINIONS.
Judge Kalua of the Second Circuit Is
Reyersed-Cases From the District
Magistrates.

The Supreme Court yesterday decid-
cd six cases, in five different decisions
all unanimous, one of the decisions
covering two case that were submitted
together. Three of the appeals were
from Judge Wilcox, two from Dickey,
and one from Judge Kalua of the Sec
ond Circuit Court.
The case of Levers & Cooke VS.. j. H.
o. KedhOuse, appealed from DiCkey, in
VOIyed some important points as to the
jurisdiction of District Magistrates
The decision, by Chief Justice Frear,
was followed i'm the two cases of NJ.
Phillips x Company, ct al VS.. sthe Lun
Chung Company, defendant, and j. II.
Fisher, garnishee. The following rules
were set forth in the syllabus:
The provision of the Federal Consti-
tuition comforting the right of trial by
jury in suits at common law where the
value in controversy exceeds 500 is
sufficiently complied with in cases
within the jurisdiction of District Mag
istrates under our statutes if a trial
by jury is allowed on appeal in the
Circuit Court.
AN entire claim cannot be split for
the purpose Of bringing separate action
on the different parts within the iuris-
diction of an inferior court
The amount for which judgment is
asked and not the amount due deter
mines whether the case is within the
jurisdiction of the court.
"A portion of an entire claim may be
waived for the purpose of bringing aC-
ton on the balance within the jurisdic-
ton of an inferior court.
AN ordinary continuous running
book account is such an entire claim as
~ Zoo Of
bringing several actions on the differ
ent parts
IF action is brought on a part only
of an entire claim, the rest will be
deemed to be waived.
IF action is brought on a part of an
entire claim, the part being within and
the whole beyond the jurisdiction of
the court, result will be, not that the
court will not have jurisdiction, but
that the judgment will bar further ac-
ton on the balance of the claim"
The decisions of the District Magis
trates in all the cases are sustained
against the defendants, and reversed
against the garnishee, his Indebtedness
to the defendants having developed af-
ter the debt on which suits were
brought.
In the case of 5. Ahmi VS.. w. II.
COrnwell a suit for damages for mali
cious prosecution, Judge Kalua is held
to have wrOngfully exercised his dis
erection in ordering a new trial on the
ground that the verdict was contrary
to the evidence. a jury returned yer"
dict awarding no damages, on show
ing that the defendant had acted in
good faith in causing the arrest and
prosecution Of the plaintiff. Kalua set
the verdict aside, whereas the Supreme
Courts opinion, written by Perry, is to
the effect that this was matter for
the jury's consideration, and also that
there was ample evidence to warrant
the verdict rendered.
In the case of G. Ming Hymn VS..
Young Tong and J. H.. Fisher, gar
nishee the court affirms the judgment
OF Dickey against the defendant, but
reverses the Judgment against the gar
nishee.
In the case of the Territory VS.. An
tone Martin, found guilty of indecent
exposure, the judgment and sentence Of
Judge Wilcox are affirmed. Appeal was
made on the ground that Martin had
not been guilty of common nuisance,
because only one person was present
when his offense was committed. The
Supreme Court opinion, by Perry, holds
that the offense was within the statute,
as it had been committed in a public
place whore people might have passed
in view.