The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1902-07-08
THE fir IN
CIRCUIT.
ContinuanCeS in
Judge Hardy's
Court.

Editor Adycrtiser-ln the case of the
McBryde Estate vs.. Gay and Robinson.
action to quiet title to kuilua, ON eN-
ccption by plaintiff 10 continuance
granted To defendants by the Fifth Cir
cult Court, decided in the Supreme
Court July ?, 1902, the rule said to have
been announced by the Circuit Judge
as to- continuances was severely com
mented upon and held to be manifest
error.
In this. the opinion OF the Circuit
Judge is in complete accord with the
Supreme Judges.
The law regulating continuances has
always been followed in this court.
When n motion for a continuance has
been made by one party and opposed
by the other the mover has always
been required TO file an affidavit setting
forth valid ground for his request.
and In most cases he has been required
to pay the costs arising from the de-
lay.
Every case OF the kind has been
made to stand on it's own merits"
Instead of an iRdiscriminate practice
OF allowing such motions on the pay
ment of costs, n careful examination OF
the reason for the application has been
made.
Now, in view OF the above facts
which cannot be controverted when the
Circuit Judge stated his final con-
Clusion" as follows: "On the whole i
am inclined to allow n continuance on
the usual grounds, with the usual con-
dition that the defendant pay the costs
that arise in connection with II as being
part of the practice of the court" etc,
is II "A necessary conclusion as found by
the Supreme Court that "it is quite evil
dent that he che Circuit judge in
tended to grant a continuance in any
event upon what he called the practice
Of his court?"
The Supreme Court does not say that
they find from the record that he had
no substantial grounds for allowing
defendants motion and therefore he
must have followed the rule imputed
to HIM.
Apparently they took him at his
word, as they interpreted IL, and felt
called upon to animadvert seriously
upon his erroneous ruling. He admits
that his decision must have been open
to misconstruction; how else could the
Supreme Court have reached it's de-
cision? 1t was unstudied, unguarded.
and quite extemporaneous and given
on the last day of the term.
IT lis matter OF sincere regret that
time was not taken to prepare de-
cision that would clearly reflect the
views OF the CORTLAND yet it would
seem AZ implied above that it was
capable OF more satisfactory con-
struCtion.
The reasons for allowing the motion
were
l. The affidavit of defendants sur
veyor that having used all due dill
gence he had been unable to complete
the survey Of Kuiloa in time for trial
al the March term. (The complaint
and summons We're Gled February LIST
19s3)
2. The absence OF defendants attor-
ney, who had returned to Honolulu
He had Informed the Court that he did
not expect the ease would be tried at
the March term.
5. The panel had been discharged
for the term.
1t is said that the law is a Jealous
mistress" II may also be said that |
every court should be Jealous of it's
Isnutatien.
]. HARDY.
Circuit Judge
Lihue, Kauai, July s, 1901.
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tall-hat clown. for the most comical
character.
The occasion was a most enjoyable
one, despite the heat
STRAY HAPPENINGS.
The Kaupo trail leading down out of
the crater OF Haleakala is badly wash
ed out.
The evening OF the third n surprise
party was given Mr. and Mrs. ]. n
5. Williams of Puunene. Dancing made
The time pass in "A pleasurable manner.
Mr.. and Mrs George Wilbur of Ka-
uanui are to be congratulated upon
he birth of baby girl on the second.
s. Aiken gave ping-pong party at
he home of his parents at Paia. Miss
Selle Dickey won the first prize.
w G. Crook of MakaWao is spending
lis vacation in Honolulu.
ON the afternoon OF the End the Ma
sawao Ladies Aid Society met at Mrs
,. 9. Lindsay's, Paia.
Large red, white and blue posters an
bouncing the Merchants Fair in Homo
ulu, beginning on the Goth, are TO be
zen all over Maui
Akalas are ripe on the slopes of Ha-
eakala.
ON the 29th the Morning Stars de- !
Gated the Waikapus at baseball at
Wells Park, WaiIuku, by a score of Is
o S
Weather-Warm and showery.
THE nI n Srnnv q