Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1903-06-04
SUPREME COURT IN
UNANIMOUS DECISION

The Supreme Court handed down q
unanimous decision this morning in
All Hing VS.. All On. overruling excep-
tons from First Circuit Court. The
syllabus is as follows:
THE right of trial by jury may be
waived in civil cases by actions or con-
duct as well as by words and is held
to have been waived by a defendant in
default. IL he ha dsuch right at all, by
not claiming the right until after the
hearing on the assessment Of dam
ages was nearly completed"
The action is one for false imprison-
ment in which judgment was rendered
for the plaintiff in the sum OF 500 and
went to the Supreme Court on only
two points, that defendants motion to
open default was disallowed. and that.
though in default, he was entitled to a
trial by jury on assessment of dam
ages. On the first point the opinion
declares no merit to have existed in
the motion. On the second point II ID
decided that It is well settled that such
right may be waived in civil cases and
that II may be waived by actions and
conduct and that II was waived in this
case by the defendants conduct and
plaintiffs express waiver Defendant
did not suggest jury until the last
day OF the hearing. Numerous cases
are quoted supporting the opinion.
Kinney, McTlanahan G. Bigelow for
plaintiff, Geo. A. Davis for defendant.
Petition for letters of administration
in re estate of Lee Hong and order OF
notice Of hearing have been filed. Es-
tate is valued at $500. Lee San. de.
ceased's brother. asks the administra-
torship. He is the sole heir The mat
ter will come up on Monday. July 6.
Final account of Samuel Kailimai,
administrator of the estate of J. Pr
mai Ck), is filed, showing house lot at
Maulili, Hilo. 1.26 acres. and $685. IS
cash. A receipt of SlS27 from sale of
property and an expenditure OF sl59055
is shown. paid out on mortgages. taxes.
attorneys fees, interest, commissions,
costs Of court, and bills.
Joinder in demurrer is filed by
Henry L. Highton for plaintiff in An
tonic Joaquin Da Estrella VS.. Chas.
NJ lie Blond
Bond for writ of error Is filed in 8.
Ahmi VS.. Annie Waller. ct al. Judg-
ment was rendered in favor Of defend-
ants in December last. In this land
case transcript of evidence and trial
proceedings is also filed.
In the matter of guardianship of Kila
and Umiliilii, minors, Miia Perry,
their mother. petitions that an order
may issue to c. J. Holt, the guardian.
requiring him to appear to show
cause why he should not render full
account of his doings and be removed
as guardian. June 10th is set for the
appearance of Holt by an order Of
Judge Gear. July 18th is fixed by Judge
Gear for hearing petition and accounts
of Samuel Kailimai of Hilo admins.
traitor of estate Of J. Pinao, deceased.
Chus. Phillips, J. A. Thompson and
7. II. Loucks have been appointed by
Judge Gear to appraise the property
of Christian T. Wolf, deceased.
| Plaintiff in Keahi VS.. Niau Iaukea ct
al, bill for partition, moves for hear
| ing.
Afldavits Of J. Low, J. A. Magoon.
II. A. Bigelow and w. A. Kinney
were today filed in Hind VS.. Low, the
case was called this morning in Judge
Gears court and postponed till Mon.
day Dole VS.. Bailey is also contin.
ued TIL Monday.