The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1902-04-01
IS HER OWN LAWYER
MRS. GERTZ FILES A CURIOUS
DOCUMENT.
Wants to Reopen an old Foreclosure
Case and Asks That She be Provided
with a Lawyer

Mrs. Anna Gertz yesterday filed in
the circuit court a document that is
quite a legal curiO. She wants to re-
open an old foreclosure case, i'm which
! J. A. MagOOu, acting for other parties
sold out her business. Mrs. Gertz has
evidently been studying law forms, for
she has a few Of them i'm her document,
which she calls a motion for a rehear-
| ing. It is written i'm ink and the pages
are sewed together with cotton
Some time ago Mrs. Gertz began an
action to reopen the case. A demurrer
| was sustained on six or seven grounds,
but she says she was not informed Of
what they were. She now sues as exc
| cutriX of the estate of Charles Gertz,
and sues Magoon in his personal capa-
! city and as trustee for l.. Fl. and 3. r.
/ Banning John Buckley and Maria j.
| b. Forbes. The allegations i'm the mo-
tion are as follows:
THAT on the 11th of December, 1894
/ and on December 49, 1895, said j. A.
! MagoOn destroyed plaintiffs boot and
| shoe business and on December 2S. 1895,
gave an untrue notice or intention to
| foreclOse mortgage. Interest were Of
fered but not accepted. On January
49, 1896 an unauthorized sale was held
| OF the Illegally seized boots and shoes
and fixtures the separate property of
| Plaintiff and at the same time after
selling the boots and shoes parcel of
! land with buildings thereon, situated
at Queen street Honolulu.
THAT said Mrs Maria j. Forbes had
destroyed a part of improvements on
said Kawaiahao property, in the month
| of February, 1897, being a two story
| store house, comprising 1000 local
stones, the local stones being valuable
ones, as the length Of the stones in the
under story were feet long and i'm the
upper story 1h feet long.
THAT the foreclosure afidavits by J.
! a. MagOOn recorded in the Registrar
office, pertaining to said sale of prop
erty and notice of foreclosure and mo-
| tiOn of foreclosure are mostly untrue
and he failed to state fully and parti-
cularly all acts he done in the wrong
full foreclosure of mortgage.
THE bill to revoke foreclosure of
mortgage of which His Honor Judge
| Humphreys has a copy of a demurrer
was filed by J. A. MagOOn, defendant,
said demurrer was sustained by his
| Honor Judge Gear. (Ground for sus-
tanning Demurrer was not made known
to plaintiff) Ihis was about 21st OF
June. Plaintiffs attorney not present
and plaintiff not able to understand
the oral decision of His Honor, being
too far away seated, and in stepping
near His Honor said sit down Mrs
Gertz plaintiff sitting down under the
impression that she will get it to know
i'm writing. When His Honor had fin
ished plair # stepped forward asking
politely written opinion. His
Honor sa ok into newspapers.
"Plaint d wait in town until the
newspap ,ere out looking then anG
there fC. &C attorney who it seemed
had der / from Honolulu and look
ling in bulletin she found no deci-
sion b part of insulting article
which Jared i'm the mornings Ad-
vert. fhe Star had Anna Gertz VS.
|J A ,OOn demurrer sustained but
why not stated, nor could at any
tim ntiff's attorney state. After
sOr Is plaintiff found her attorney
lat JfiCe. Plaintiff urged him il
So ng was not correct i'm bill tC
n , amend it he said there is no.
t.. to be amended, as Judge Gear
... A. Magoon has done all things
I... Then appeal the cause, plaintif
he refused on the ground that i
will be thrown out of court also
laintiff paid $3.50 for court costs
IDOVe stated, plaintiff has been de
ed of all the property personal anC
through the illegal acts of j. A
goOn and under great humiliation
aintiff earned the amount to pa!
.Wyers' fees and court costs and pray'
therefore, she believing i'm having beeI
unjustly treated by his honor Judg
Gear said Judge Withholding from
plaintiff why the demurrer of J. A
MagOOn was sustained as also the de
murrer of John Buckley and takinj
kindly under consideration that plain
tiff's attorney was incompetent and no
acting i'm conformity with a client
an M Eyra