Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1903-11-14
KAp|0[AN| ESTATE
IN SUIT AGAINST
P.l.WEAVtR, Fl Al

The Kapioani Estate. Ltd, has fled
suit for trespass for mesne PROFITS vs.
W. r. Castle. Trustee, for Leialoha X
Al, Phillip L. Weaver and VIM. II.
Hogs and Leialoha X. Al, defendants.
Plaintiff claims of the defendants
the sum OF s2.S2i0O for damages re-
sulting to II from injury done by said
defendants to the property OF the
plaintiff in that they did on or about
November 10, 1896. unlawfully and
wilfully. with force and arms. break
and enter into certain premises stu
ated at Kawaiahao in Honolulu, be-
longing to plaintiff.
Defendants elected. expelled and re-
moved the plaintiff from the possess
sion and occupation thereof and kept
and continued It SO expelled and re-
moved from the time mentioned until
Sept II, 1903 On Sept Is, the plain
| tin reentered into the possession Of
the premises. In the period mention
! ed the defendants took. had and re-
ceived. to the use of themselves, all
the issues and profits OF the premises
and tenements. being considerable
value. to wit, of the monthly value Of
| SIS. amounting to the sum Of S2050
for the period mentioned.
Whereby the plaintiff. during all the
| time aforesaid. not only lost the is
sues and profits Of said premises, with
I ha hut d.nrtNF a "A
OF the use and enjoyment OF the same
and was forced TO lay out large sums
OF money, amounting in the whole To
the sum of s77400. in recovering the
possession of the premises.
Plaintiff further claims ~ the de-
PENDANTS the sum OF s., 10000 for dam
age resulting to the plaintiff from in
jury done by the defendants to the
property mentioned, in that certain
buildings and tenements on the prop
erty, while in possession of the de-
PENDANTS. namely ON Feb. 10, 1900, were
burned down and wholly destroyed by
fire. That the defendants have receiv-
Ell from the Territory OF Hawaii, as
compensation. for the burning and loss
of these buildings, the sum OF So, 10000
and that they have neglected and re-
fused, and still neglect and refuse
either TO rebuild the buildings and
tenements or to pay over the said sum
10 the owner OF the land, 10 wit, the
plaintff.
Plaintiff alleges that all OF said acts
or omissions were done on omitted ia
be done in contravention TO plaintiff s
private rights under the law.
! Plaintiff further alleges that the de-
PENDANT Phillip l.. Weaver occupies
the position Of Judge Of the court OF
Land Registration of the Territory OF
, Hawaii, and is a government benefici-
airy. That the amount OF the monthly
salary Of said defendant Phillip L.
Weaver as such judge is $3.50.
That ]. II. Fisher, auditor of the
Territory of Hawaii, Is the officer
through whom said defendant Phillip
Il. Weaver is accustomed or entitled
10 draw his salary as such Judge OF
said court.
Wherefore the plaintiff asks that
process issue of the circuit court OF
the First Judicial Circuit TO cite the
defendants to appear and answer the
complaint before jury of the country
at the judiciary term, 1904, of that
court, unless otherwise sooner dis.
posed of by judicial authority and
that plaintiff may have judgment for
the said sums amounting to SS,22iOC
damages, with interest, and its costs
The plaintiff furthermore prays that
the court issue summons inserting
therein a direction TO the officer serv,
ing same TO leave true and attestet
copy with J. II. Fisher, auditor.
The summons were served on tn,
defendants and on auditor Fisher by
lEnuIN Sherlff Alhnrt Mncmrn