The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1903-12-05
DEMURRER
BY B|RBE
Denies the Power
of Court and
Plaintiff.
Mrs. Gertz Has Her Day
in Court Against ].
A. Magoon.
Mrs. Hottendorf Tells About Nor
mon Marriase-Rapid Trans
it Injunction.

Judge Gear yesterday morning, on
motion of Attorney General Andrews.
with the consent of Messrs. Robertson
and Dunno, continued the trial of E.
M. Jones for murder until Monday
morning, for reasons conveyed to the
court privately which We're considered
good and sufficient.
DEMURRER BY BIRBE.
Henry C. Birbe, Jr., by his attorney,
Henry Hogan, yesterday filed a demur-
rer to the petition of c. B. Male and
others, to void the election of Oahu
county officers, in which Birbe is named
as one of the respondents, he having
been chairman of inspectors in the
18th precinct of the fifth district. It is
demurred that the Supreme Court has
no jurisdiction either of the case or
of this defendant, that the chief plain
tiff has no capacity to sue, that there
is a misjoinder of parties plaintiff and
defendant. and that several causes of
action have been improperly suited,
that facts are not stated sufficient to
constitute a cause of action and, fur
Their:
THAT the complaint is ambiguous,
unintelligible and uncertain; that it
nowhere appears as to whether or not
this complaint is made under the law
of the Territory of Hawaii of the ses-
sion of 1903, or whether the contest is
brought under the Civil Laws of the
Hawaiian Islands of 1897 compiled
from the civil code of 1859 and the,
session laws of subsequent legisla-
lures
By filing his demurrer yesterday,
Birbe prevented a snap judgment by
default. The summons was served on
him on November 20. and called for
an answer within fourteen days. This
made yesterday the last day for an
swer, demurrer or other pleading, al
though the summons does not call for
appearance until December Z.
SUPREME COURT.
The Supreme Court yesterday morn
ing heard conclusion of argument in
the matter of the estate of r. William
Holt
These cases have been continued till
next session: Henry j. Lyman ct al. VS..
F. L. Winter, Territory VS.. Wong Tim,
Kapiolani Estate VS.. Coerper, Mageon
vs.. Fitch, Kemilia Holt vs.. Kaaukai
Laiakea VS.. Hilo Sugar Co., Jan Ban
VS.. Tsen Vim ct al, Estate of j. F. o.
Banning, trusteeship question, TAX
Collector Keola VS.. Solomon Hale, Achi
VS.. Henrique, Maria Correia VS.. Sher-
iff Baldwin. Administrator Thos. E.
Cook VS.. Tsuehi Kauai, Territory VS..
B. H Wright, e. O. Hall & Son, Ltd,
VS.. L. A. Dickey, Tong Kai VS.. Territory,
| Paakiki ct ala VS.. sHonokaa Sugar Co.,
| H. Hackfeld & Co. VS.. C. Akui, Ha-
| waiian Sugar Co. VS.. Kauai Tax AS
| SCISSOR, Kona-Kau Telegraph Co. VS..
Fl. T. Mills, w. w. Bierce VS.. R. w.
McChesney, ct al, and F. L. Miner ct
| al. VS.. HiIo Sugar Co.
| C. M. Cooke, Ltd. VS.. Treasurer of
the Territory, construction of stamp
/! act, is to be submitted on briefs, also
| Bruce Cartwrights suit for writ of
| prohibition against Judge Gear.
Yesterday morning Mrs. Anna Gertz
| in person argued her petition of re-
hearing of her case against j. A. Ma
COON and others, in which for years
past she has fought to upset a fore
closure sale of Kawaiahao property
against herself and her late husband,
Christian Gertz. Mr.. Magoon did not
reply and the case was taken as Sub
nitted. Judge De Bolt sat in place
Of Chief Justice Frear. disqualified
from having previously dismissed a
petition of the same purport.
Mrs Gertz's petition for writ of
| mandamus against j. A. Magoon was
ordered submitted on briefs.
Yesterday afternoon the case of w.