The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1903-06-24
DEMURRER IN
KOREAN CASES
MANY REASONS SET FORTH WHY
BERGER CANNOT RECOVER
FROM BISHOP.

A demurrer has been filed in the
United States District court in the Ko-
rean cases of f. " Berger VS.. h. f.
Bishop. 1t is as follows
And now comes the defendant in the
above entitled cause within the time
specified in the summons herein issued
and the order of Court extending the
same herein made and filed and says
that, admitting all the facts stated in
the plaintiffs complaint to be true, the
defendant denies that they are suffi-
cient in law to support the plaintiffs
demand and that the defendant de-
murs to the plaintiffs complaint and
assigns the following causes of de-
murer, Wit
l. That the said complaint is not
verified as required by law.
2. That the said complaint contains
no prayer for process to issue against
this defendent.
3. That the said complaint does not
aver any unlawful act on the part of
the defendant, or that any act therein
charged against the defendant is or
was unlawful or in violation of any
statute.
4. That the said complaint does not
aver that the defendant prepaid the
transportation of said alien or assisted
or encouraged the Importation or mi
grafton of said alien into the United
States in pursuance of any offer, solicit
tation, promise or agreement, parol or
| special, expressed or imISied, made
previous to the Importation of said
alien to perform labor or service of any
kind, skilled or unskilled, in the United
States.
s. That the said complaint does not
aver that the defendant has knowingly
| assisted, encouraged or solicited the
migration or importation of said alien
to the United States to perform labor
or service of any kind by reason of any
offer, solicitation, promise or agreement
express or implied, parol or special, to
or with said alien.
6. That the said complaint does not
aver that the said alien was by the
defendant promised labor or services
of any kind.
Z. That the said complaint does not
show the character of the labor or ser
vice therein mentioned.
8 That the said complaint does not
state what acts of assistance, encoura-
cement or solicitation were rendered OF
made by the defendant to said alien.
3. That the said complaint does
not show or set forth any right of the
plaintiff to bring this action, nor spe-
city any statute under which he claims
such right,
| 10. That the said complaint does not
show that the defendant is indebted to
the plaintiff, or that the plaintiff has
been aggrieved or injured by amy or
all of the acts in said complaint charged
against this defendant.
IL. That "A statute, if any there be,
giving to fele plaintiff the right to re
cover of the defendant the sum of One
| Thousand Dollars or requiring sad
sum TO be forfeited by the defendant to
the plaintiff by reason of any nets.
matters or things stated or set forth in
said complaint is unconstitutional and
void.
II. Than ybhe said complaint shows or
sets forth no cause of action against
this defendant
13. That the facts set forth in the
said complaint do not show or coz
stitute a cause of ac15un against thi,
defendant.
Wherefore and for divers other
causes of demurrer, the defendant says
that the SAID complaint lis Dad both in
substance ami in form, and prays judg-
ment that tite same De dismissed.
e. FAXON BISHOP,
By his attorneys,
Smith & Lewis.
Dated Honolulu, June %, 1903.