The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-12-23
SETTLEMENT
IS IN SIGHT
.DOWsett CasetOBe
Taken Out of
Court.
KAIKA!NAHAOLE
CASES DISMISSED
vivas Gets an Attorneys Fee,
Isaac Noar Cited for Con-
tempt OF Court.

The case of Ernest L. Heuter, trustee
for Mrs. Heuter (nee Widemann) VS.. ].
NJ Dowsett, a suit to terminate the
trust deed held by Mr. Dowsett, will
probably be settled out of court ac-
cording to the announcement made
yesterday morning before Judge Robin
son. In the suit it was alleged that
Dowsett obtained control over Mrs.
Heuter's property wrongfully while she
was minor and refused to turn over
certain property. In the answer filed
by Mr.. Dowsett sensational allega-
tions were made concerning Miss
Widemann's marriage engagements
and the trial promised to be exceed
ingly interesting. Mr. Wilder. for
plaintiff. asked yesterday morning for
an immediate hearing of the case. but
Judge Stanley, appearing for Dowsett
objected and stated that negotiations
We're in progress looking to a settle
ment out of court. He stated that he
had received advices to that effect
from San Francisco and upon his mo-
- .,---,,,.,e = +;,,,,al7 fo- a
week. Mr. Wilder stated that he had
no intimation of settlement, the last
advices received by him being to push
the case to trial. He said afterwards
that family reasons We're probably re-
sponsible for the settlement
WAS GETS HIS FEE.
Judge Robinson yesterday rendered
judgment for the plaintiff in the case
of j. NJ vivas VS.. r. Codeiro in the
amount of $500 and costs. vivas sued
for an attorneys fee which the de-
PENDANT refused to pay. 1t appeared
from the evidence that vivas had
made an agreement with Codeiro to
sell the latter's property. he to receive
all in excess of $780, In the meantime
the defendant himself sold the land for
$500, and vfvas claimed 5000 as his fee.
The court gave him judgment for that
amount the contract being admitted.
WJTHDR Avs CASE,
The case of Koolau Kaikainahaole VS..
j. o. Carter and S. c. Allen, suit for
an accounting and upon mortgage,
was dismissed yesterday upon motion
of c. w. Ashford, attorney for the
plaintiff. The case was on trial before
Judge Gear and the defendants showed
that there had been an actual payment
of $4,000 upon the mortgage in dispute
whereupon the complainant dismissed
the suit, stating that this proof was
all that had been desired. There are
two other cases in which the same mat
tiers are involved and these will also
be dismissed. The case has been in
litigation in district, circuit and SUI
preme courts for the past six months
almost to the exclusion of everything
else. The plaintiff is still in possession
of the property claimed under the fore
closure of mortgage.
Another suit involving the same land
has been started against Ethel and
Herman Kaikainahaole by Ching
Lnm. He claims to have leased the
land from Mrs. Kafkainahaole May Is,
1906. for $40 per year for a term of
twelve years. He alleges now that S.
c. Allen entered into possession and
sold the land to ]. o. Carter and that
he has been damaged in the sum of
S7,9135e, for which amount he asks
judgment.
SERVICE IS QUAsHED.
In the case of Enterprise Mill Co. VS..
Pacific Mill Co. ct al. service was
quashed by Judge Robinson as to En-
met May and w. H Arnemann, gar
nishees. In the motion asking that
this be done it was alleged that there
had been no showing that either of
these parties had property belonging
to the defendant Judge Robinson
sustained that view, though plaintiff
eontended he had followed the statute