Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1902-06-26
LAW

Chief Justice Frear has written the
unanimous opinion of the Supreme
Court in the case of Levers & Cooke
VS.. J. w. Redhouse, reversing a judg.
ment of District Magistrate Lyle A
Dickey because the District Court has
not Jurisdiction in amounts of over
$500. The cases of NJ. Phillips & Co. VS.
Lun Chung Co. and J. II. Fisher. gar
nishee, and c. Ming Hymn VS.. Young
Tong and j. II. Fisher, garnishee. are
decided according to the principles de-
Clared in the first case mentioned.
Points of law found are briefly as fol-
lows:
Right of trial by jury for amounts
over 500 is preserved by appeal to the
Circuit Court.
An entire claim cannot be split to
bring an action within jurisdiction.
The amount for which judgment is
asked, not the entire debt, decides the
jurisdiction.
A portion of an entire claim may be
waived to bring a suit within jurisdc-
tion.
| Suit for a part OF claim constitutes
q waiver of the remainder.
Attorneys commissions and costs are
not counted in determining jurisdic.
ton. but interest is If 1t has been pray.
ed for.
II interest is allowed in the judg.
ment. the foregoing conditions being
complied with, the judgment cannot be
corrected by RENTING interest after.
ward but 1t is absolutely void.
Want of Jurisdiction may be raised
in the appellate court although the
record shows it was not raised in the
lower court except in the notice of ap.
peal after judgment.
A debt owing to partnership can.
not be garnisheed in an action against
one OF the partners.
Judge Little is reversed in an opin-
ion of the Supreme Court in the case
of S. Ahmi VS.. w. II. Cornwell Jr. This
was an action for malicious pTosecu-
arrested, for which he was sued for
damages. The jury returned verdict
for defendant and Ahmi was given a
new trial by Judge Little on the ground
that the verdict was contrary to the
evidence. The opinion Is written by
Judge Perry, who holds that there
was an abuse of discretion by the
court, and that the defendant acted in
good faith in causing the arrest Of
plaintiff. The syllabus says:
Under Act 40 OF the Laws of 1898,
an exception to an order granting q
new trial in a term case may be certi-
fed to the Supreme Court by the pre-
siding Judge, whenever such Judge in
his discretion may think the same adj
visable for a speedy termination OF the
case.
AN order of the trial Judge granting
q new trial may be set aside. in case
where there was ample evidence To
support the verdict of the jury, and no
sufficient cause for the order exists"
Judge Wilcox Is sustained in a de-
csion written by Justice Perry in the
case of Territory VS.. Antoine Martin
sentenced for indecent exposure. The
court holds that even though seen by
only one person the crime is punishable
under Section 1924 Of the Penal Laws.
Notice Of motion for execution in the
L Kamalo Sugar Co. case was filed yester
y day in the Circuit Court The notice l!
. directed TO the attorneys for Franz
y Hustace as well as for Frank Foste
and John j. Egan, and is in the follow
ing form:
Please take notice that plaintiffs IL
), the above entitled cause will, upon tn
: 2Sth day of June, 1902, at 10 o'clock q
. m, move for execution to issue in sal,
cause for the following sums:
Cash ordered to be paid by de-
PENDANTS to plaintiffs 900. .s34.S20 0
Interest at q per cent on
above amount from May s,
d 1899, to June 2S, 1902 ...... 6,4O3 3
n Amount payable for 709ia
= shares of Kamalo Sugar Co.
d Ltd. stock, paid up, at 500 14,190 0
Interest on same from June
l. 18th TO 2Sth at percent. 81
IT Plaintiffs bill of costs hereto
: attached ..,............... SO 0
r Total .....................$ 55, 493 G
.; Amounts paid by defendants 1901
=; Interest on same from June
~ to June 28 ...,....... 81
s11,933 8