The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-09-25
IS
NOT INSANE
Robinson Grants
the Motion to
Dismiss.
CAN NOW MANAGE
HIS OWN PROPERTY
Affidavits Of Summers Sanity Not
Contradicted-Insures Oahu
Railway Deal.

Judge Robinson gave an opinion yes
terday morning dismissing the suit OF
Maria S. Davis against John K. sum
ner, and annulling the injunction pre-
viously granted by Judge Gear against
| the Oahu Railway & Land Co. Though
every effort was made to find George
Davis, the attorney for Maria S. Davis
the bailiffs were unable to reach him,
and consequently no appeal has as yet
been noted. The decision will have the
effect of throwing the insanity charge
| nation of the sale of the Sumner prop
| erty to the Oahu Railway. Incidentally
it will give to the United States the
complete title to Quarantine Island, an
agreement to that effect having been
completed some time ago.
The court in its opinion says that only
the sixth ground of the motion, touch
ing the competency of Sumner, should
be considered. The affidavit of John
K. Sumner and seventeen reputable
citizens who say that he is perfectly
sane and capable of transacting his
own business, the court says, is not
contradicted. While the verified bill of
complaint does make such an assertion,
it is directly negatived by satisfactory
affidavits of a much later date
Continuing Judge Robinson says
"Conceding the averments and al
legations of the bill to be true and that
they established prima facie the in
sanity or mental incapacity of a party
at the time of the filing of the bill, the
fact thus established is presumed toI
continue only until the con 'rary APP |
pears. 1t is weak presumption and
is sufficient only to overcome the legal
of sanity for the purpose |
Of authorizing the making and issuance
of the order appointing prochein ami
in proper case. The presumption |
arising for the extremely limited pur-
pose stated, in the absence of a judicial
declaration Of insanity or mental in |
capacity in an appropriate proceeding |
Instituted for the purpose of obtaining
such judicial declaration, is bound to
fall upon the production Of sufficient |
and satisfactory affidavits, absolutely |
and uncontradicted, di-
rectly negativing the presumption.
In my opinion the affidavits filed in
support of the motion show conclusive
iy for the purposes of this motion at
least that the said John K. Sumner
without regard to his mental condition
on the 4th day of September, 1902, the
date of the commencement of this suit, |
was perfectly sane and entirely COM
petent to manage and conduct his own
business and affairs, on the 18th day of |
September, 1902, the date upon which
were subscribed and sworn to the Aft
davits filed in support of his motion,
and it follows, as a legal presumption,
that such normal mental condition con-
tinued and exists at the present time
The sole reason for the appointment !
Of next friend 10 prosecute a suit or
action on behalf of another is that the
real party in interest is laboring under
some disability, such as infancy, COW
artuTe; or insanity, which would render
such real party non sui juris, and it is
upon that ground alone that the power
IF the Court to appoint next friend to
prosecute or maintain a suit or action
IN behalf Of another person actually
II cSSS Is ISIJSnlHGu OF the exercise Oh
such power countenanced.
AS the sanity and mental capacity of
said John K. Sumner at the present
line has been fully established for the
Of this motion, it would be
absurd to conclude that said John K
Sumner could not, upon being restored
o capacity. if ne had been previously
declared insane or incom-
'etent (Which is not the case at bar
IS the former adjudication of incom-
was reversed on appeaD or up
n his otherwise becoming sui juris,
ssune personal control OF suit or
elton commenced in his behalf or move
n propria persona or by counsel of his
wn selection for it's dismissal.
1T is therefore ordered that said mo-
ion to dismiss this suit be and the
anne is hereby granted and that the
aid bill Of complaint and the above
ntitled suit be and the same are here
y dismissed. but without costs to
ither party, all parties to bear and
ay their own costs"
Dated Honolulu, September oath, 1902.
W. J. ROBINSON,
Third Judge. First Circuit Court