The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1903-07-31
BIG SUIT
FULLY ON
Rulings by Judge
De Bolt Made
Yesterday.
(From Wednesdays Daily.)

trrom Wednesdays DailJ)
Judge De Bolt gave tao rulings yes
terday in the big real estate suit of
Mrs. Emma Claudina Sprsckels Watson
against Claus Spreckels. In the morn
ins ne denied the motion to set aside
service ana Quash summons. while in
the AFTERNOON he confirmed as good the
authority shown by Humphreys &
watson to represent the plaintiff The
great contest is therefore now on.
STATUTE OF LIMITATIONS.
Objections have been filed by Kinney.
McCinnahan & Bigelow to PLAINTIFFS
proposed interlocutory decree in the
case OF Hannah Markham VS.. UwinD
johnson. 1t IS set forth that the plain
tif's Bill alleged actions by the de-
fendant only from January, 1882 on and
prayed an accounting only for the
period covered in the bill. Therefore it
is commended she cannot at the present
date some in and ask to extend that
accounting back twenty years farther
The second objection is that under no
circumstances can the plaintiff have an
accounting against the defendant fur
ther back than September 20, 1894, as
up to that time Curtis p. Iaukea was
acting as the guardian of the defend
ant and the rents and profits were COL
lected by him. To go back further Is |
to attempt to get an accounting from
the guardian without making him
party to the record. The final objection
Is that under no circumstances can the |
pla1nthn get an accounting for more |
than six years preceding the date of |
the filing of the complaint. 1t is ar |
gued at length that the burden of prov |
ing that the statute of limitations has |
not run in the matter is upon the plain |
tiff. The contending parties in this |
case are sisters.
PROBATE MATTERS.
Charles l.. Wight, guardian of VII |
der Wight, a minor, submits final az
counts with petition for discharge, as
the ward has come Of age. He has re-
ceived $22,S0035 and expended 500, 1858, |
leaving cash balance of $6357. The |
inventory shows property of the ward !
remaining in the guardians hands
amounting in value to s633167.
Judge Gear has signed a decree ap-
proving the accounts of John Hind,
executor of the estate of Robert Robson
Hind, which showed receipts of $685.
S1O.S5 and payments of $67 .9251O The
decree also contains an order of dis
tribution to the following effect: To |
John, George u. Robert and Jas. Mat
thew Hind, Eleanor Margaret Schern-
stein, nee Hind, and Augustine Douglas
McBryde, each an equal. undivided |
one-sixth part of the personal prop
erty, also one-sixth of the real and |
mixed property.
INJUNCTION.
Young Wal has brought an injunc-
ton suit against H. E. Cooper, Super
intendent of Public Works, and Lord
& Belser, contractors, to restrain them
from taking possession or interfering
with certain land in Kamoiliili for the
purpose of widening and Strengthening
the government road. Complainant fill
ed 5000 bond yesterday with James
H. Boyd as surety.
CONSPIRACY CHARGED.
V. o. Teixeira, A. j. Lopez, ]. G. Per-
regel Victorino Carreira and Manuel
Gomez. stockholders of the American
Dry Goods Association. have brought
an action against that company, l.. B.
Kerr & Co. and l.. b. Kerr, charging
defendants with conspiracy to wreck
the American Dry Goods Association.
They allege that they were owners of
AN shares of the stock of the Ameri-
can Dry Goods Association and that
Kerr acquired a majority of the stock
of the corporation and then proceeded
to so conduct the business that it did
not compete with the business of l.. B.
Kerr & Company, but was absorbed by
the latter company so that the stock
held by the plaintiffs became valueiess.
Henry E. Highton is attorney for the
plaintiffs.
AUSTIN MORTGAGE.