The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-07-28
VERDICT
SET ASIDE
Jury Finding Does
Not Satisfy
Court.
JUDGE GEAR IS
AGAIN REVERSED
Jury in Damage Suit Found for
Defendant Supreme Court
Sits Today.

The jury IN the case OF OdNio hdiO-
lepono VS.. K. L. Kalei, a suit for dam
ages for malicious prosecution. return
ed a verdict fer the defendant Satur-
day afternoon, being out but half an
hour On their return with the finding
plaintiff Immediately moved for new
trial, on the ground that the verdict
was contrary to the law and the evil
dence Judge Humphreys, without
hesitation, sustained the motion, and
set aside the verdict of the IL men,
granting a new trial.
The suit was for $500 damages, which
plaintiff claimed to have sustained by
reason of his allegedly false arrest at
Eva on a charge of stealing taro. He
was afterward discharged when the
case came before the grand jury, and
then brought suit on the ground that
the prosecution was malicious and in
furious to his feelings and reputation.
WARREN CASE GOES OVER.
The Warren divorce suit, in which
there are sensational allegations and
even more sensational counter allega-
lions in a cross-bill for separation. did
not come up before Judge Robinson
Saturday as had been anticipated. The
jury trial being on before Judge Hum
phreys the divorce case which is also
term matter could not be taken up,
and it was continued until this morn
ing
WHO WILL PRESIDE?
There is still some doubt as to who
Will be the presiding judge at the next
term of Circuit Court. Under the rules
of court recently adopted by the three
judges, it is Judge Humphreys turn TO
preside at the August term, but be-
cause of his early retirement from the
bench he desires to be excused. The
special term which is now being held
was presided over from the start by
the First Judge, though Judge Robin
son has been sitting nearly the entire
term. Judge Gear is back now and will
start work today, but it is likely that
Judge Robinson will be called upon to
preside at the August term.
SUPREME COURT
The Supreme Court will meet this
morning at 10 o'clock, though adjourn
ment Will probably be taken immedi-
ately for the term. Justice Galbraith
there are very few cases of pressing i'm
portance UP on appeal
The fishery cases are the most inn
portant now before the Supreme Court,
but as Chief Justice Frear and Justice
Perry are disqualified an entire new
DeICU Will OC CdileQ upon 10 QSClQS
these matters, if they should be taken
up during the absence of Galbraith. AS
nearly all the attorneys are also inter-
ested in these cases, it will be difficult
to get court to determine the matter
Very likely Judge Estee or judges from
other circuits will be asked to preside,
though ii is not probable that the cases
will be heard until after the return of
Judge Galbraith
JUDGE GEAR REVERSED
Judge Gear was reversed by the Su-
preme Court Saturday in the case OF
Mary J. Montana VS.. w. II. Castle in
which the lower court found for plain
tiff. In this case it appears that the
Montanos were indebted to Castle in
the sum of $4,000, secured by trust
deed on certain property belonging to
plaintiff. At the instance of plaintiff,
defendant was authorized as agent to
sell one tract of land for $25, 600, which
ne did, transferring the mortgage held
by him, the balance of the consideration
being two promissory notes for $4,000. |
Plaintiff contended that she authoriz-
ed the sale only as TO $4,000 on the
mort gage, and that the remainder was |
to have been cash, and though she ac-
cepted interest amounting to $700 she !
alleged that she did not do it with the |
intention of ratifying the investment.
The Supreme Court in an opinion |
THAT if the plaintiff did not authorize |
the taking OF the mortgage, she after /
wards with fun knowledge of the facts !
ratified the acts of defendant in ac- ;
cepting it, If the plaintiff was dissat- j
isfieG with the security it was certainly |
her duty when the facts came to her |
rSnowledge on January 3, 10 have made |
her objections known and if they were |
not satisfied TO have repudiated the en- |
tire sale. She cannot be permitted to !
accept the benefit of the sale so far as |
she may consider it to her advantage TO |
do so and repudiate the remainder. The |
contract of sale must be accepted as a /
whole or repudiated in its entirety"
We do not think the evidence sus- |
tains the finding and decree Of the Cir |
cult Judge. The decree appealed from |
IS reversed and the cause remanGed !
with directions to dismiss the bill
LOOKING FOR