The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-06-17
SILVA JOGS
HUMPHREYS
Achi Wants to Be
Good" Magoon
Knows It."
FISHING RIGHTS
BILLS FLED
No Alimony Is Allowed in the
Bailey vs.. Bailey Case.
Other Notes.

Manuel G. Silva. defendant in the di
vorce case OF silva va Silva. who wa
summoned TO appear before Judg
Humphreys and show cause why n
should not be adjudged In contempt
has filed his answer 20 the citation. Tn,
order was served on June IL. In the
answer Silva AYERS that the citation OIL
order issued by Humphreys was neither
dated nor tested In the manner re-
i CURED by law. Furthermore. ne re-
plies that the citation In question was
not issued at the request OF any party
TO the action or with the consent or
knowledge Of any party interested in
the suit. The defendant Directing fur
tber. respectfully submits to the court
here. that this honorable court ought
not TO proceed further In the matter OF
said citation or order, for the reason
this court had not. at the time Of the
issue thereof. and has not now any au-
thority or Jurisdiction by law. to issue
the same. or to make any further order
In pursuance thereof (unless II be the
order TO dismiss the same)."
The defendant goes on to say that
the court had lost Jurisdiction because
OF the appeal Of the defendant from
the decree. the said decree being trans
ferred to the Supreme Court. He also
sets forth that he had duly noted the
exception and that the papers had been
duly deposited with the clerk, as pre-
scribed by law.
Then comes the part affecting the
pocketbook OF defendant. The latter
says that he is unable TO comply with
the decree OF the court. which ordered
him to pay the attorneys OF the plain
till $3.50 and that $50 per month alimony
was entirely beyond his present cir
cumstances- He states he has neither
real estate nor personal property that
he can convert into cash. and though |
he holds a piece of unproductive real
estate even it's sale would not go far
toward the liquidation of even the at
torney's fees ordered TO be paid. While !
he has real estate standing in his name. |
yet IL Is so encountered by mortgages
that his equity is practically nil.
Then the defendant in his answer
says that with regard TO one piece
of said realty. defendant some weeks
ago was ready and willing and had
contracted to sell the same, whereby
he would have been in funds for the
partial carrying out OF any binding or
der or decree in this action. but that
said plaintiff. his wife. refused and
still refuses TO release her right or
OF dover right in said par
Gel. whereby said sale has been and is
defeated" He further says that no
other OF his properties could be sold.
not only without a sacrifice. but also
the yield of such sale would not be
sufficient TO comply with the decree.
The recent hard times have COM
PEELED him to- give up his former avo- 1
;ation. that OF real estate. and he is |
now employed as a clerk in a grocery !
'iore ut monthly remuneration which {
iardly supplies the bare necessities of |
ife for himself alone. This salary is (
he only source OF income he has. The
act that his wife lives apart from him Y
makes the support OF two families on
uch a small amount obviously impos- I
ibie. though by strict economy on his I
art he il enabled to give his wife II
whatever surplus may be left after he "
as supplied his own actual needs. In q
lew OF these facts he prays that the e
itation be dismissed.
ACHPS ANSWER. r
W. G. Achi. defendant in the case of >
&. r. Male vs.. w c. Achi. has filed his :.
nswer replying to the citation asking -
I'm 10 appear and show cause. IL any. al
ny he should not be adjudged in con- T,
mpt.
In his answer to the motion of the 10
aintiff he says That he did not re-
se to cancel the mortgage: but he is ca,
Hing at all times to cancel the same.
III ne tried in every way To raise the -,
oney. and is still trying to raise the -,
me. and hopes within a reasonable
ne 10 raise the necessary funds to "
Y OFF the mortgage" He states that H
has no intention OF disobeyins the
der of the court and Mr.. Magoon
ows IT. a request was made tina -,
? motion he dismissed and Judge oe'
imphreys adjourned the matter for %,
2 week. GOV
FISHING RIGHTS BILLS. YES
Bills to establish fishing rights have -
n Fled by Mary Lucas and also by n,
VI Monsarrat against the Territory.
NO AI.IMONY.
Bailey VS.. Bailey. a suit for di- N
&C. no alimony was allowed but IL on
ordered that the counsel for liz
ant be allowed fee of s35.
COURT NOTES. A
he guardians report in re the guar hot
lship of George S. HoughtaiIing. an
Inc person. now deceased has been NJ
roved with two minor exceptions.
the guardian dismissed. y. w. A
ishtaiiing was appointed guardian
er bond of $500. the value of the
oerty being S2530.50. In the report
item OF 80 cents is charged against
estate. same being penalty on per-
al taxes. which was not allowed
irticie IL of the report il says: In y
inventory fled April 3. 1901. an
! appears OF a mileage ticket on
Oahu Railroad and Land Company
10 miles This is not accounted for