The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1902-05-12

" H..IN III. .
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lI.uHt ritIafli an1 Hefs as ianarH
a. "a nHHHfIi0 . iHfIHfsiane - ga.
n.~Apu . a uHirah. r y ntffI D
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Thfgm r "a AiheHHn o % white
rIefk rImaniun Hn ihe sanr mannHf
drew ten homes as failuaH fW fHftIIr
Hn ths petit iuft u W u8ufhianina
Va " chase. A. cooke q. A. ~.
Gardner nliam knirmlku usafrs VI
Fatr W. ~ uahhiti Henry i.efhe D..
D. sheldon Percy llshman
\ PECULIAR SUIT
Heinue Rodnnet has brought SUIT
neainst EuEeue v TODD, ioulsa y
/ Todd Albert W Todd. minor Aiiro
| a.. Todd ltndaurD. n minuf. uu thiI-
dreu of A A TODD. deceased and Hen-
/ ~ Smith. Co settle rather veNlng uues-
/ tlur of ownership uf property left hy
a. A Todd Co the plaintin On trust foI
the care ~ his children. From the pp-
tition a. appears that ON October o.
l'st 4 Todd made a trust deed cone
! NeNing go Rcinue Rodanet one thou
sand acres of land In south konn Ha-
vail known as "Onouli." the decd pro-
| vidlng that she should pay the debts of
/ Todd and care for his children untll
| they attained their majority FOR which
she was TO receive compensation. and
| IN case Of the death Of an the children
before they reached the age of n. the
| property was to revert Co her. Todd
thereafter went TO Apia, Samoa. where
he died.
The plaintiff alleges that in order 60
| pay the debts OF the said Todd IL be-
| came necessary to borrow S25O0 from
Henry Smith. for which she gave
mortgage, and which she is now un-
able to pay without disposing of the
| property In question. The petitioner
alleges that she has kept an accurate
account OF the monies spent by her
for the care Of the children, and that
she has 20 far advanced the sum of
,4l66.sl for this purpose. Because of
the trust deed and the unsettled condi-
tion of the property petitioner repre-
sents that she is unable TO dispose OF
the land and asks that the court
| straighten out the tangle In which she
finds herself.
i The court IL requested TO appoint
guardian for Alice &. Todd and Albert
w. Todd; that plaintiff be allowed to
credit herself with the sum of si936s96.
that the court provide for the mainte-
nance of the child adopted by her the
same as IL she had not been adopted,
that the sum of sl650 be allowed TO her
for services in connection with the
trust, and that the property may be
solo to satisfy the note of s25v0 due to
Henry Smith and the claim made by
the plaintiff. The property at kona,
according to the petition, is of the val
ne Of $4,000.
TRAMwAYS LOSES.
, Judge Gear overruled a demurrer in
= the case of j. IL. Boyd VS.. Hawaiian
| Tramways Co yesterday because the
I attorneys for the defendant did not APP
/, pear one of the new rules of court IL
that demurrers must be presented on
the Monday following their filing, and
% Mr.. Robertson. who appeared for plain
tiff in the Tramways case. called the
! attention of the court to this rule. He
I said that he was ready to proceed, but
q that the attorneys for defendant were
not present, but had said they did not
o intend to argue the demurrer.
81 Judge Gear stated that he did not
, intend to notify attorneys when they
should appear in court, as they must
become acquainted with the new rules
u He thereupon overrued the demurrer
v and gave the defendants FIVE days tO
e answer. they having already taken ten
s lays In which TO file the demurrer.
PAIN SHOWS HIS HAND.
Il
of sun Kwong Mau Co. VS. Waikiki
o Land q Loan Co. ct al. for hearing to-
d day, though there are several preilnl,
nary questions To be argued first. Wher
k Attorney McClanahan called the cas-,
: UP yesterday morning, counsel fol-
4 plaintiff were not present. Mr.. Brooks
announcing that he was no longer IN
p the case. He was the attorney origin
- ally bringing the action, but latel
- Pains attorneys were employed to figh
~ the Rapid Transit Company's eXten
o sion through to Waikiki and Brooks
IS was no longer consulted. This is thu
suit brought to prevent the electric lin,
It from being run through to Waikiki
n which necessitated a cut through lan'
- being cultivated by Chinese gardeners
t. COURT NOTES.
Isl C. +. Reynolds, as commissioner II
y, the case of Victor b. Buffandeau VS.
" A. A. Montana. bill for partition. mad
" his report. and the matter will be for
9 mally presented next Monday.
a, The attorneys in the case of c. A
Long VS.. H. Armitage were not Il
e court yesterday when their demurre
lie was called up, and Judge Robinso
Id postponed the matter for one week. II
d. announced also that IL the matter wa
at not ready for argument next honda
ne the case would be dismissed.
is +. A. Schaefer was appointed b
c. Judge Humphreys yesterday as guard
- ian of Carl julius Hoting. in place 9
John Ena, resigned.
nc An order was made yesterday sui
n stituting Elise S. v. Neumann as exc
p cutrx for Paul Neumann. in the cas-
as of W. f. c. Hasson VS.. w. II. Pain {
al.
ed The Christley divorce case has bee
o. placed upon the calendar for the pres
,is ent term. Judge Robinson made a
order yesterday setting Saturday as
day for hearing divorce suits. I'll
UT cases assigned to Gear and Humphrey
will be heard by the third judge
ny their order on the calendar.
The demurrer in the Silva divort
er case was overruled by Judge Robir
wv son and the defendant given ten day
80 in which to answer.
|, Fritz Meyer has been appointe