The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1903-08-27

Of accounts and discharge as temporary
administrator Of the estate Of August
Kraft. deceased. His partial account
shows receipts OF s4525.12. payments of
$685.. 10 and balance Of $12O2.O2, while
a final account filed the same time bal
ances at s733.95. the schedule of ex-
penses showing a balance Of $44s.7O in
the hands Of the administrator.
Judge Robinson appointed George Luz
cas- as guardian of Liwai K. and Abb
SALON K. HaIualani. minors, on the
petition of their mother.
LAWYER AND CLIENT.
Henry E. Highton has filed a resly
brief on demurrer in the case OF An
tonic Joaquin da Estrella VS.. Charles
NJ. LeBlond. which opens with this OBJ
servation:
But for my appreciation of the gen.
tlemen who present the brief in SUD-
port of the demurrer, 1 would not make
any reply. Their names are not suf-
ficient to create law. but attract re-
spect to their declaration Of what the
law is"
Mr. Highton says that the plea OF
opposite counsel, Holmes & Stanley, IS
neither strengthened nor weakened by
their citation of cases in which pro-
ceedings against an attorney took the
form OF an action Of tort in preference
TO one upon contract. He adds:
IF there is a case against an at
torney, and there are many, in when
an action ex delicto could not be sup
ported, this is that case. There is no
charge of fraud bad faith, or incom-
potency. The gravamen Of the action
is the simple failure to perfect an ap-
peal"
He quotes from his former brief the
following language by Chitty:
"Assumpsit lies against an attorney
for negligence in transacting the ousi-
ness of his profession. The facts which
show a breach Of duty amounting to
tortious negligence show. also, breach
OF promise implied from the considera-
ton of hire"
Counsel for plaintiff refers the court
10 an index of Chitty on Pleading, say
ing lit will see references TO fourteen
different counts against attorneys for
breaches of contract and only six
against attorneys for tort, and. in eac2
Of the latter, it Will observe an element
u violation of instructions or OF wanton
disregard OF professional duty"
Concluding. Mr.. Highton says:
eff there are any other breaches than
of contract assigned 1 am unable to
find them. except that every breach o
the contract was also a breach of duty.
The specification of damages alone
should be sufficient TO establish the
form of the action as ex contractu."
COURT NOTES.
William w. Bierce, Limited, has filed
a bond for costs on it's writ of error to
the Circuit Court of the Third Judi
cial Circuit in the suit of McChesney
VS.. Kona Sugar Co. ct al, wherein the
plaintiff in error was an intervenor.
Judge Robinson allowed a discon-
tinuance by plaintiff in the suit of
Solomon Kauai VS.. John K. Sumner
et al.
Motion by plaintiffs in the bill for
of L. Chez Sun ct al. VS..
c. Wal Long, to set cause for hearing,
will be presented before Judge De Bolt
tomorrow.
In the mortgage foreclosure suit of
Geo. F. Renton VS.. Marian Reed Austin
and Herbert c. Austin a motion to set
cause for hearing will be made before
Judge Gear tomorrow.
Defendant Cation in the cross bill
for accounting of George w. Macfar-
lane VS.. John Fowler e. Company