The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1903-08-12
KONA LAND
PARTITION
Authority Sought
For Public
Sale.
Clients Suit Against Ills
Attorney Up
Again.
Lawyer Biting Pleads he Was at
Sea When His Motion
Was Overruled.


ma partition suit OF NJ. F. Scott ct al
VS.. f. ~. Pilipo ct al, has filed a re-
port and petition to Judge De Bolt. In
accordance with a decree by Judge
Perry. when on the Circuit Court bench,
he surveyed and divided the land into
five general parcels. The parcel ad-
poining the beach and the parcel ma
kai of and adjoining the Government
road are, by the terms of the decree
to be partitioned among the members
of the Hui Alma of Holualoa. parties to
the suit. in such manner as TO give
them the portions which they have re-
spectively occupied and improved; or
a division Of said portions to be made
into fifteen or twenty acre lots and
sold at public auction to the highest
bidder, the proceeds to be divided pro
rata among the shareholders.
He says that such partitioning, as re-
quired by the decree, will entail an ex-
penditure of about $500. and further
shows that he has already expended of
his own funds, in the surveys, the
sum of S7O9 20 and is without funds
to prosecute the work further. Where
fore the commissioner asks that he be
authorized and instructed to proceed
II.
portion of the said land mauka OF the
beach lots, or mauka portion above the
1000 acre lease as appears on his map,
for the purpose of creating fund out
of which such sums as the Judge shall
deem proper may be allowed for the
continuance and completion of the de-
creed partition or as the court NAV
think proper
TRUANT LAWYERS EXCUSE.
The defendant in a suit that went
by default on August has filed
motion for Judge De Bolt TO reopen his
decision. He says he has meritorious
for the motion denied on
that occasion and that the absence OF
his attorney, C. c. Biting at the time
Of the ruling was due to the fact that
he was on board the tug Fearless,
which was then chartered by the Bar
Association to escort Federal Judge
Estee outside the harbor, and the
steamer Alameda in which the Judge
was making his departure was delayed
In sailing, and Mr.. Biting, thinking
hat court and counsel would both be
upon the excursion, Inadvertently and
without intention to neglect his bust
less went along for the purpose of pay
ng his humble tribute to the virtues
# said United States Judge"
LAWYER DEFENDANT.
Judge De Bolt heard argument on
demurrer and reserved decision in the
ase of Antonio ]. Da EstrelIa VS.. Chas.
VI. lie Blond. II. E. Highton for plain
iff: Mr. Knight, of Holmes & Stanley,
or defendant. This is the suit where
he plaintiff claims $1,000 damages of
he defendant, an attorney at law, for
Rejecting his interests while retained !
~ him in certain land matters at Hilo. |
SUNDRY SUITS.
Lorrin Andrews in person denies ev-
ry allegation in the assumpsit suit of |
Minnie Ferreira.
Motions to quash summons in the |
iuits of Emmeluth & Co. and B. S.
gregory, severally. against F. H. Red
ward and F. NJ. Swanzy were denied |
" Judge De Bolt, after argument by |
!. H. Derby for the motion and ]. a.
against. Five days were
.llowed defendants TO answer, and F.
Il. Swanzy answered Immediately with
general denial.
The Metropolitan Meat Co. by its at
orneys, Holmes & Stanley and E. A.
)outhitt, files a general denial to the
amage suit of w. r. Riley.
\ discontinuance is filed by Vivas &
Sitting for plaintiff of the bill to fore
lose mortgage brought by the Portu-
uese Mutual Benefit Society of Hawaii
gainst Henry C. Refs. 1t is mentioned
hat the claim of the plaintiff has been
ully satisfied.