The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1903-12-08
close to each other, occupied by herself
and Mrs. Jones that night.
AN OLD SUIT.

AN OLD SUIT.
Judge De Bolt yesterday morning
began the new trial of Henry Smith
VS.. Hamakua Mill Co.. ejectment.
Kinney, McClanahan & Cooper for
plaintiff; Cecil Brown and A. S. Hart
well for defendant. The following jury
was empaneled: John Kuaana, Chas.
Butzke, Ben. Guerrero. Isaac Adams.
Isaac L. Cockett. George CIPHER, e.
McCorriston, Isaac Noar. P. NJ. Lucas,
George H. Karratti, w. II. Thornton
and Helemano Meek.
This suit has been in the courts sew
eral years. Plaintiff has obtained YER
diets from jurors only to have them set
aside by the Supreme Court.
CLEARING THE CALENDAR.
Judge Robinson yesterday morning
cleared six cases, some rather mildew-
ed, from the civil calendar. They were
as follows:
Tong On VS.. P. Mahaulu. admins
traitor of the estate of Chang King, de-
ceased, was stricken from the calendar,
there being no appearance of plaintiff.
This was a suit to recover 1852 16, on
account of goods sold and delivered,
entered at the May term, 1898. De-
PENDANTS answer was to the effect
that, more than two months prior to
the beginning of the suit. he notified
plaintiff that his claim was rejected,
and that the suit was not brought
within two months after the claim be-
came due.
Defendant withdrew his appeal in the
case of Charles Lind VS.. All Sam, in
which the late District Magistrate
twenty-eight months ago gave judg-
ment of $113.20 in favor of plaintiff
The appeal of defendant in the case
of Lum Chip VS.. j. K. Kaunamano,
from Judgment of s11s.52 by District
Magistrate Dickey nineteen months
ago, was discontinued by j. Ldghtfoot,
administrators of defendants estate.
Kong Shut VS.. t. j. Fitzpatrick was
stricken from the calendar. It was an
appeal by defendant from judgment by
District Magistrate Dickey about twen-
ty-one months ago of $3.50 for plain
tiff, in trespass suit claiming 1929 on
account of assault.
j. O. Carter ct al, trustees of the
Bishop Estate, VS.. Silvano Nobriga, ap-
peal from Judgment by District Magis-
trate Dickey twenty months ago for
plaintiff with costs in suit for S99.37
for rent and taxes, was stricken from
the calendar.
J. j. Byrne VS.. The Orpheum Co.,
Ltd, was stricken from the calendar.
1t was an appeal by defendant from
judgment of $11693 for plaintiff by Dis
trict Magistrate Dickey on June 16
last.
COURT NOTES.
Mary H. Atcherley has filed an an
swer to the amended bill for injunction
brought against her by Kapiolani Els
tate, Ltd. There are thirty-one Sec
lions in the answer. Probate records
back to 1856 are cited and the name of
David Kalakaua, the late king, fire.
quently appears in the quoted proceed
ings as administrator, etc. The injunc-
ton sought is to restrain Mrs. Atcher-
ley from prosecuting an ejectment suit.
Arthur Deverill of 'Waimea, Hawaii,
petitions that Miss E. w. Lyons, post
mistress of Waimea, be appointed his
guardian for the remainder of his
minority. His father was his duly ap-
pointed guardian, but died in 1898. He
is entitled to rents from Hamakua
lands and there is $500 belonging to
him in the hands of the clerk of the
Judiciary Department. Petitioner is
going on 10 years of age.
Judge Robinson appointed Wong
Charles Ahfook administrator of the
estate of Annie Wong, deceased, valued
at $263.85, under bond of $500.
Antoine Bright, plaintiff and appellee,
has given notice to enter his case
against David Kawananakoa, appel
liant, upon the Supreme Court calen-
dar
Dong Chong has filed exceptions to
Judge De Bolts granting of a non
suit in his suit for damages against
Honolulu Rapid Transit & Land Co.
on account of fatal injury to a mule
and damage to wagon and harness.
Judge Gear appointed Frank c. Ath-
erton as executor of the estate of the
late DR.. Alexander Montague Ather-
ton without bond.