The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-06-14
THE DAY IN
THE COURTS

In the case OF Kaniniu VS.. Kalai.
same being a bill to cancel and set
aside a deed. and for injunction. an
answer was filed by defendant yes'er-
ness OF her heart. according to de-
PENDANT. the plaintiff expressed a de-
sire to make a present of certain lot
OF real property to her. and she. the
defendant. feeling a responding throb,
accepted the proffered gift. the consid-
GRAFTON of the transfer being 81. The
plaintiff. however. after this act of be-
Incidence. suddenly discovered that
she wanted her presents back" and
brought suit TO have the deed cancelled.
The defendant denies the allegation in
the. original bill. stating that the prop
erty was to be held In trust. The plain
tiff, pleading ignorance to the intent
OF the instrument of transfer. Is an
swered that she fully understood at the
time the nature OF business forms and
legal documents. though she could
neither read nor write. Furthermore.
defendant answers that the effect of
this particular deed was known to the
plaintiff and at the plaintiffs request
the deed was drawn. The defendant
therefore prays for a dismissal Of bill
with costs. y I
AFTER HOTEL. PROPERTY.
Tom James and Lillian James have
brought suit in the District Court
against the Royal Hawaiian Hotel.
Limited, to gain possession OF certain
premises on the site OF the present
Hawaiian Hotel and outlying cottages.
The plaintiffs allege that they are en-
titled to the possession OF the land.
which they describe as follows. "Ali
that certain lot situate on the mauka
side of Hotel street between Alakea
and Richards streets. constituting an
area OF 500 fathoms. together with all
the buildings. cottages and other struc-
lures standing thereon. being the prem
fses heretofore held by f. c. Macfar-
lane under lease from plaintiffs. which
lease the plaintiffs aliege that E. c.
Macfariane assigned on June IL, 1901,
contrary to the conditions of the lease
Ia the defendant corporation. by which
violation the plaintiffs allege that they
are entitled 10 possession and that the
defendant now holds the premises un-
Ia wfuliy." The premises are generally
known as the Snow Cottages"
A SWIPES CASE.
Kahanauapo, who in conjunction with
two women was recently taken into
custody for selling tswipes.' was fined
$50. \ stay of proceedings was grant
ed for five days To enable him to col
lect the money After the argument
by counsel, II. w. Robinson for de-
PENDANTS. the cases of the two women
were mol pressed. The maximum fine
for this offense is $500. but in view of
the plea OF counsel and as the defend
ant had never before been convicted
Of any public offense. a fine of the
stated amount was imposed.
SUIT AGAINST ,KLEMME.
a complaint was filed yesterday in
the case OF Allen & Robinson VS.. e.
Klemme. In this action of assumpsit
"A net amount OF 1881 is claimed for
lumber sold and interest of principal
from the time of sale. The plaintiffs
claim that on the 5th of July. 1901. the
defendant owed $502.55. The indebted
ness in toto was $64e.54. and when
asked TO settle. defendant undertook
a promissory note payable on demand. |
which when presented was refused, but
paid i'm part. $40. After repeatedly en- |
to collect the balance of the |
claim and being always refused, the
plaintiffs bring suit for principal, in
terest and cost.
MANDAMUS DENIED.
In the matter of L. H. Dee VS.. Vic
,or Hoffman treasurer OF McKechnie /
Paint & Wall Paper Co.. heard before
Judge Gear on June g.. In which an ap-
piication for a writ OF mandamus was
made, an order has been filed denying
same and disnissing the complaint. The
writ desired was one to compel the de-
fendant to issue a new certificate for
the $50 shares of paid-up stock OF the
company. Costs for the defendant.
COURT NOTES.
A bill of exception has been allowed
by Judge Robinson, in the case OF c.
A. Long We. E. c. Macfarlane ct al.
rhe exception was taken on the ground
that the decision rendered was con-
.rary to law. |
A motion TO set cause for trial in
he case of Henry Smith VS.. Mary A
J. Rose ct al. is filed. Notice Is given
hat the matter Will be presented be-
'ore Humphreys. j.. on the 18th of
Tune at 10 n. m.
C. II. Brown. through his attorneys.
Thompson & Fleming. has fled an an
,wer in the case OF Damon ct al VS..
:. II. Brown. asking that he be dis
missed He also asks for costs
J. NJ vivas. J. A. Thompson and j.
w. Jones were appointed yesterday
appraisers in the +. c. Macfarlane
,ase. and they are ordered TO report
n ten days time.
on the report OF w. F. Fleming, who
vas appointed as referee to examine
nto the affairs OF n. Smimamura OF
he Island OF Maui. the latter was
ldjudged a bankrupt
The return day TO the monition In
he case of the Waimanalo Sugar Co.
n. the schooner Malolo. was contin- Il
red until June 20. The exceptions to