The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1903-01-11
A PROGRAM
OF WORRY
Summers Money
Tied Up Again
by EIIises.
Lawyer Serves Notice
On Various Court
Officials.
Apparent Scheme to Tire the Old
Man Out and Make Him
Compromise.

John K. Summers $4S,O25 has been tie'
up again by the Ellis children. Yester
day morning Judge Humphreys, actin:
for the three ex-heirs, filed a motto
upon the clerks of the circuit court
where the money is deposited, warning
them not to pay over any portion of i
to any party whomsoever.
The matter of the final disposition Of
the s4s. OPS will be thrashed out on Mon
day. At that time the decree will be
presented for the signature of Judge De
Bolt and the court will be asked by
Humphreys for an order to prevent the
payment of the money to Sumner or
any one else. No demand was made for
the s4S,O25 yesterday by John K. Sum-
ner or any of his attorneys. The money
is on deposit in the First National Bank
subject to the order Of the judge of the
First circuit court, and cannot be with
drawn until a decree ordering the pay
ment of the money to Sumner is signed.
It is apparently the object to effect
another compromise" with the old man.
This has always been the custom of his
relatives in the past. When the old
there was always an appeal ready tol
block final termination of the case.
By worrying the old man he was finally
induced TO settle at almost any figure
rather than to be party to an inter-
minable fight in the courts.
In the present case it is well known
that Sumner is anxious to return to
Tahiti, where he has large property in |
terests going to waste and ruin because |
Of his enforced absence from the Island. |
The old man came here three of four
ago for the sole purpose of set
Ting up the sale of the reef property to
he Oahu Railway, intending to hurry
back as soon as he had obtained suffi-
,ient money to increase his cattle bus
ness. At the time of his arrival suit
vas pending against Bishop Ropert by
he Oahu Railway to enforce the option
/ held upon the reef property. sum-
Ter agreed to settle the case by carry
ng out the terms of his agreement,
when his sister, by George a. Davis,
stepped in and prevented the consum-
nation of the deal with a midnight
Injunction obtained from Gear. This
vas the beginning of the fight which
4
Friday, and the old man, after distrib-
lting over half of his property to his
leirs, expected to be permitted to go
lis way in peace, only to he again tied
Up in the courts.
The entire matter will come before
Judge De Bolt on Monday morning.
attorneys claim that no ap-
zeal can be taken from the decision of
he court by the Ellises, who, it was 1
Ield, had not the slightest interest in
he property at stake. 1t is argued also
hat even if the decree can be appealed
rom that a supersedeas bond equal to {
he amount of money involved, would {
f necessity have to be filed. An appeal
must OS pCI4CClSO NlILllll ten
The following is the notice served
" Humphreys upon the judiciary '
Jerks on yesterday morning: I
GuIstan F. Ropert as trustee of John a
<. Sumner VS.. John K. Sumner, ct al.
NOTICE.
To the clerks of the judiciary depart !
ment, the several deputy clerks of the 8
judiciary department, the clerks Of E
the Supreme Court of the Territory of
Hawaii, the first clerk of the First cir
cult court, the second clerk of the
First circuit court, the clerk of the first
judge of the circuit court of the First
Circuit, the clerk to the second Judge
of the circuit court of the FIRST cir
cult, the clerk to the third Judge Of
the circuit court of the FIRST circuit:
Please take notice that the under
t@reL. Who are defeHdan in the
lbove entitled cause, the same being
equity No. 1,30S. feel aggrieved at the
ecision announced therein from the
'ench by the Honorable First Judge at
'hambers on the eth day of January,
d. 1908, and that they intend to ap-
zeal to the Supreme Court of the Ter
TORY of Hawaii from the decree to be
endered in said cause by the said Hon
rable First Judge in conformity with
is said decision, within the time allow
d them by law for taking and perfect
ne such appeal.
And you are hereby severally noti-
ed. advised and warned that any pay
1ent by you of any part OF the forty /
light thousand and twenty-five tS4S.O25) K
ollars now in the registry of said cir 3
nit court of the First circuit deposited
herein by stipulation of all the parties
D said above entitled cause, to any per-