The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1903-09-06
MRS. GERTz
PERSISTENT
Wants New Bench OF
Justices to Try
Suit.

Anna GertZ of Honolulu, Island of
Oahu, in her own behalf and as ex-
ecutrix of the will of Christian Gertz,
deceased" has filed a motion in the
Supreme Court relative to Chief Justice
F'rear's ruling that he had no jurisdic-
ton to issue wrfts of mandamus TO
]. Alfred Magoon, c. H. Banning,
B. r. Banning, John Buckley and
Maria J. Forbes commanding them
to give up possession of real
estate held unlawfully by them
and to pay the sum of $4,000 for waste
committed on Kawaiahao property. A
notice is appended, stating that the
motion will be made to the Supreme
Court on October 8, 1903, after the cal
endar has been called.
Following the preamble of her mo-
ton, the movant says:
And therefore comes now Anna
Gertz in her own behalf and as ex-
ecutrix of Chr. Gertz, deceased, and
moves this honorable Supreme Court
to substitute Justices for the ones dis
qualified to hear appeal, as, for the
honorable Chief Justice, as the appeal
is from his ruling, for the honorable
A. Perry, Associate Justice in being
disqualified in having aided and assist
ed on November Is, 1896, to promote to
put mover from her lawful home
wrongfully, when the Hon. Associate
Justice sat as second judge in the First
Circuit Court
Mover not being learned how the
laws work, does not know if the Hon
orable Associate Justice Galbraith is
qualified or not, by being helping to
dismiss appeal from a court who had
no jurisdiction to decide. The judg
ment of Supreme Court is signed Per
Curtain. 1t is no English nor Ha-
waiian word and may mean that the
Supreme Court cannot decide.
Mover has the belief that the Hon
orable Supreme Court has not taken
the time to look into Brief and Argu-
ment. according to the Honorable Chief
Justice sayings at banquet, that the
three Justices have too many cases on
hand, and that they were not able to
give to each case the consideration as
same ought to have. Mover puts her
former appeal in that class of cases
not having been considered. The Hon.
Judge De Bolt is disqualified and also
the Hon. Judges Gear and Edings. AS
mover believes herself incompetent to
argue for a qualified Supreme Court
according to the laws of this Territory,
she will petition Governor Dole to
grant and request the Attorney Gener-
al to assist to substitute Justices for
the ones disqualified
PROBATE CASES.
Rosa Halverson, widow of deceased,
petitions for letters of administration
to David Dayton on the estate of her
late husband, Charles Halverson.
With herself the heirs are five children
ranging from five months to nine years
of age. The estate consists of a lease
hold and building valued at $1,000.
Stanley A. Cutter petitions for letters
of administration on the estate of his
father, Frederick Ingills Cutter, who
died at Yokohama, Japan, on February
/, 1868. He left an insurance policy
for $1,000 and, the petitioner believes,
in California. The heirs at
law are Annie Higgins Bromley. and
Lizzie Chute Wooten, daughters, and
the petitioner. 1t is asked that
Charles H. Ramsey be appointed ad-
tor of the estate of W. Luther Wilcox,
deceased, has filed final account,
charging himself with s9sO7O and ask
ing to be allowed 81, 30529. which leaves
4 balance due himself of s314.59. He asks
for discharge and an order to deliver
over such property as remains in his
possession to the executor, which is
himself.
Louis J. Feary, Edward NJ. Sniffen
and D. III. Kamakauahoa, appraisers,
have filed an appraisement of the
of J. Kealohakui Malao, Jr..
giving an aggregate valuation of
1896. 65.
APPEALS.
Robertson & Wilder have filed APP
peals from Judge De Bolt in the two
cases of John Fowler & Co. Oeeds),
Ltd, VS.. George w. Macfarlane and
Robert Cation and George w. Macfar-
lane VS.. Robert Cation, in each of
which the decision was for Cation.
Niau Iaukea appeals to the Supreme
Court from the Circuit Courts decree
in the partition suit of Keahi VS.. Niau
Iaukea, ct al.
RULINGS AND PLEAS.
JuoSe LIE Bolt yesterday oVerruled !
demurrer in the case of Kamakaulani
VS.. Ching Lum, giving de- !
PENDANT ten days within which to an
swer.
Ia Peacock vs. Vida, Judge De Bolt ,
overruled plaintiffs objection to at !,
fee of $50 for aissolving the ,
C. W. Ashford files separate answers |
Of defendants in the action to quiet |
title of Lam Wo Sing VS.. Moses Pua-
hi, L. K. Puahi and Tam Pong, each !
:, ittire ola i'm a cert in Of the Ia nd 4