The Hawaiian gazette., 1903-11-10
FEE
CASE HEARD
Campbell Trustees
Demur to Com.
plant.

and submitted before the Supreme
Court yesterday. w. s. Fleming ap-
peared for plaintiff, and defendant in
person. The matter is that of Thomas
Fftch's fee in the guardianship Of Re-
becca Panee Bishop.
DEFAULT DECREE DENIED.
Judge De Bolt denied the motion to
strike defendants second demurrer
from the files, and for a default and
decree pro confesso against the defend
ant, in the case of Kapiolani Estate,
Ltd, against Mary H. Atcherley. He
overruled the demurrer instead, allow
ing the defendant fifteen days within
which to answer. Kinney & McClana-
han for plaintiff: Dickey for defendant.
In the case of w. o. Smith ct al.
trustees. VS.. Emmett May, Judge De
Bolt sustained the demurrer of plaintiff
to set-off and allowed plaintiff five days
within which to file proper pleadings.
Judge De Bolt continued, until moved
on, the case of Keahi VS.. Niau Iaukea
ct al.
MASTER OvERRULED.
Judge De Bolt appointed NJ r. Coun-
ter. George Lucas and William Savidge
Kraft, deceased. He also confirmed the
accounts Of w. L. Howard, administra-
tor, and, contrary to the recommended
tion Of ]. A. Matthewman, master held
the attorneys fee of 5000 to be reason
able. The master was allowed a fee of
$40. P. l.. Weaver appeared for the ad-
ministrator, and Thayer & Hemenway
for the heirs.
BILLS OF COSTS.
Judge De Bolt yesterday allowed
plaintiffs bill of costs at s1O7.5O in the
quieting title case of Margaret Cullen
vs.. 7. F. Lansing, overruling defend
ants objections to certain charges.
Robertson & Wilder for plaintiff; Wat
son for defendant.
Judge De Bolt taxed the bill of costs
against defendant in the suit of David
Kawananakoa ct al VS.. Lula (w) at
$37.25.
CAMPBELL ESTATE SUIT.
Robertson & Wilder have filed a de-
murrer of defendants to the complaint
of Kailua (w) VS.. Abigail X. Campbell
Parker, Joseph o. Carter and Cecil
Brown, trustees of the estate of James
Campbell, deceased. They claim that
James Harvest named in the bill is
necessary party defendant, but plain
tiff has not made him party. The
bill Is said to be multifarious in seek
ing relief for several distinct matters
and causes, in many whereof the de-
PENDANTS are not interested. Further,
1t is alleged that plaintiff has not stat
ed such a cause as does or ought to en-
title her to any such discovery or relief
as Is thereby sought from or against
the defendants. This is the case in
which complainant alleges the late
James Campbell forced her to sign
deed in Cecil Browns office.
BALLoU's DESK TELEPHONE.
A demurrer has been filed by Smith
& Lewis for defendant to the bill for in
junction of Sidney NJ. Ballou VS.. Mutual
Telephone Co., Ltd. 1t sets forth:
"That said petition is ambiguous in
this, that it does not appear therein,
neither can it be ascertained therefrom,
whether or not said petitioners tele-
phone service was at the date of he
filing OF said petition and issuing of
the temporary injunction prayed for In
said petition, or now Is, connected with
the telephone service of said defendant.
THAT said petition is uncertain on
the grounds wherein it Is alleged to be
ambiguous.
THAT said petition is unintelligible
on the grounds wherein 1t Is alleged to
be ambiguous.
"That said petition does not state
sufficient cause or ground for action or
relief in that it does not appear therein
that said petitioner has offered or ten
dered any sum Of money or valuable
consideration for the rental and use of
the desk telephone alleged to have been
installed in petitioners residence as set
forth in said petition.
THAT said petition does not state
sufficient cause or ground for action or
relief to entitle said petitioner to any
remedy by way Of injunction"
MISCELLANEOUS.
william Blaisdell has filed his bond
in $500. with Jas. F. Morgan and Frank
]. Kruger sureties. as commissioner to
sell lands mentioned In a decree of
Judge Robinson in the suit of Kapiolani
Estate, Ltd, and Allen & Robinson.
Ltd, VS.. r. William Holt and Geo. II.
Holt. He has also taken the oath as
commissioner.
In the matter OF the estate Of Morris
NJ. Estee, deceased, Judge De Bolt
granted the petition of ]. ]. Dunno. ad-
ministrator, for a commission to issue
to Charles A. Shurtleff, attorney at
law, San Francisco, to take the testi-
mony of Geo. G.. Carr and w. II.
Sigourney.
1t is stipulated in the assumpsit suit
OF Thomas S. Kay VS.. Orpheum Co.,
Ltd, David Kawananakoa. John +.
Colburn, Mark p. Robinson. w. II. Nc
Inerny, Edgar Halstead, Joseph H.
Fisher, John d, Holt. Jr., and Jonah
Kalanianaole that defendant Mclnerny
may have until December within
which to plead, etc., as he may be ad-
vised.
The Oahu Lumber & Building Co.,
Ltd, has discontinued its suit against
the Inter-Island Telegraph Co., Ltd.