Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1902-04-07
FOUR GASES DECIDED.
JUDGE GEARS ORDER
OF ALIMONY MODIFIED
One Of Four Circuit Court Decisions
Upheld Mrs. Holloway Wins a
Point. Henry Smith
Justified.

Four decisions were handed down by
the Supreme Court at noon today.
BY a majority of the Supreme Court
the order of Judge Gear in the divorce
case of Libana de Nobrega vs.. Sylvano
de Nobrega is set aside and the case
remanded to the Circuit Court for fur
ther proceedings consistent with the
views of the appellate court.
Chief Justice Frear writes the con-
trolling opinion. Where the Circuit
Judge granted 10000 alimony in gross
to the wife, the Supreme Court allows
but $500 as being enough under the
circumstances of the case. Instead OF
fifteen days given for payment, the de.
cision allows six months. II Is found
among other things more technical.
that:
Under our divorce statute alimony
IN gross may be awarded" and
The granting Of alimony is ancil.
larry to the granting of divorce and
great particularly is not required In
the prayer for alimony."
Geo. A. Davis appeared for libellant.
and ]. r. De Bolt for libelee.
Justice Galbraith signs this con.
curing opinion: without asserting
to all of the arguments advanced in
the foregoing opinion, concur in the
conclusion and Judgment announced"
Justice Perry files a dissenting opin.
ion. He contends that our statute does
not allow the granting Of alimony in
gross. where 1t says, referring 20 di.
vorce for adultery as in this case, al
lowance," Justice Perry considers that
alimony Is the correct definition of the
term there employed. II was for the
wife's support and not for any other
purpose, implying that II should cease
either at her death or her remarriage,
therefore the Legislature had but in
mind n periodical allowance from the
husband. His opinion is that the
case should be remanded to the Cir
cult Court with instructions to decree
periodical allowance for the wife for
her support, payable until further or
der OF the court"
Holloway VS.. Brown.
Court, written by Justice Galbraith.
has been filed upon the writ of error of
irene II Holloway vs.. Chas. A. Brown.
II sustains the contention OF Mrs. Hol-
loway that Judge sitting In chambers
could not revise decree Of divorce
made by the Circuit Court in term, the
case being rcmandCd TO the judge to
set aside the order in question, and to
dismiss the defendants petition for
such order. The order was made by
Judge Humphreys, setting place and
times when the defendant, c. A. Brown
must be allowed by the plaintiff, Mrs.
Holloway formerly Mrs. Brown, to
meet their minor children. The decree
of divorce giving the Wits the custody
of the children was by Judge Gear at q
term of the Circuit Court. Robertson
& Wilder for plaintiff in error: Magoon
& iDllon for defendant in error.
Wundenberg VS.. Markham.
Justice Perry IS author OF a unani.
nous decision of the Supreme Court on
an appeal from decree Of First Cir
cult Judge, sustaining the demurrer
ana dismissing the bill for injunction
of r. Wundenberg. trustee, VS.. George
Markham, on the ground that the COM
plainant had a plain, speedy and ade-
quate remedy at law. The decree is
affirmed. It is held that the facts do
not constitute a case OF irrcparable in
Jury, also:
AN injunction will not be used to
take property out Of the possession of
one party and put II into that Of an
other" Also:
Where the injury apprehended from
trespass or threatened trespass is not
serious nor In its nature irreparable,
but the main object OF the suit is to
settle the title, a court Of equity ought
not to interfere by injunction, even II
the respondent be insolvent."
Magoon & Dillon for complainant;
Geo. A. Davis for respondent.
The Holt Estate.
Henry Smith, trustee. has been sus-
tanned in Withholding from the estate
of X. w. Holt, deceased, s2l14.7O OF the
Income to reimburse his predecessor,
Bruce Cartwright, for advances to the
benehciaries A unanimous opinion OF
the Supreme Court, by Chief Justice
Frear, reverses the order of the First
Circuit Judge disallowing the action of
the trustee. Fitch g. Thompson for
the cestuis que trust: Holmes & Stan
ley for the trustee. The court holds:
IF trustee has overpaid benefi-
ciary entitled to the income for life.
he or his successor in the trust may
recoup himself out of future income to
which such beneficiary would Gthec.