The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1903-08-28
SHE ST AyED
LONG AWAY
Left Her Husband
Twenty-Three
Years Ago.

| his humble cottage at each fast-flush-
ing tropic twilight, peering through the
| darkening banana grove vistas If hap
PLY he might light his eye upon the re-
turning figure of his spouse who left
his -tin-side after sharing his
| poi and fish for six years.
That is the way the realistic novel
writer would begin the story that ended
IN decree of divorce yesterday, grant,
ed by Judge Robinson to Moses afore-
said against his wife Kamano. The
couple were married by Rev Lorenzo
Lyons in the year 1874. Three children
were born to them, but they are all
now dead" is the pathetic language of
the complaint. Lyle A. Dickey prose-
cuted the libel, which says:
mat said libellee, Kamano Kinima-
ka, has violated her marriage VOWS and
IN particular did in A. D. 1880 wilfully
and utterly desert libellant and has
continued such wilful and utter deser-
ton to the present time, a term of
| twenty-three years"
CONFLICTING CLAIMS.
j. j. Dunno, administrator of the es-
tate of kaaua deceased has rendered
an account showing receipts of $1,000 ct,
and a balance in hand of $4976 %. He
represents that the final account of C.
+. Iaukea, formerly guardian of Ka-
itua, has not as yet been settled, an
proved or allowed, and until such be
done the residue of the estate cannot
be determined with certainty. Also.
that the costs and expenses of closing
the estate cannot now be determined
because of the tendency, unadiudicat-
ed, of conflicting interests of persons
claiming to be heirs at law of deceased
IN separate paper Mr.. Dunno petit
tons that an order be made recurring
all persons interested to set forth the
nature of their claims on or before q
DAY to be specified in the order. and
that afterward the court make an order
of distribution of the estate to those
found entitled thereto. Deceased. the
petitioner says, left him surviving
neither wife nor child.
THE KRAFT ESTATE.
w, L. Howard petitions for allowance
or accounts and discharge as temporary
administrator of the estate of August
Kraft, deceased His partial account
shows receipts of $4525.12, payments OF
$3S22lO and balance of $12O2.O2, while
final account filed the same time bal
ances at $133.95, the schedule of ex-
penses showing a balance of s44S. 10 in
the hands of the administrator.
Judge Robinson appointed George I.u- |
cas- as guardian of Liwai *. and Abb
SALON. X. Halualani, minors on tha
petition of their mother.
LAWYER AND CLIENT.
Henry f. Highton has filed a reply
brief on demurrer in the case of An
tonic Joaquin da Estrella VS.. Charles
NJ. LeBlond, which opens with this OBJ
servation:
But for my appreciation of the gen.
tlemen who present the brief in sun
port of the demurrer, l would not make
any reply. Their names are not suf-
hcient to create law but attract re-
spect to their declaration of what the
law is
Mr.. Highton says that the plea of
counsel, Holmes & Stanley, is
neither strengthened nor weakened by
their citation of cases in which pro-
ceedings against an attorney took the
form of an action of tort in preference
to one upon contract He adds:
IF there is a case against an at
an action ex delicto could not be sup
ported, this is that case. There is no
charge of fraud bad faith, or incom-
potency. The gravamen of the action
is the simple failure to perfect an APP
peal"
He quotes from his former brief the
following language by Chitty:
"Assumpsit lies against an attorney
for negligence in transacting the bust
ness of his profession. The facts which
show breach of duty amounting to
tortious negligence show, also breach
of promise implied from the considera-
ton of hire"
Counsel for plaintiff refers the court
to an index of Chitty on Pleading, say
ing lit will see references to fourteen
different counts against attorneys for
breaches of contract and only six
against attorneys for tort, and, in eac1
Of the latter, it will observe an element
IF violation of instructions or of wanton
disregard of professional duty"
Concluding Mr., Highton says:
IF there are any other breaches than
of contract assigned / am unable to
md them, except that every breach OF
the contract was also a breach of duty.
me specification of damages alone
should be sufficient to establish the
form of the action as eN contractu."
COURT NOTES.
William w. Bierce, Limited, has filed
a bond for costs on its writ of error to
the Circuit Court of the Third Judi
rial Circuit in the suit of McChesney I
vs. kona Sugar Co, ct al, wherein the
in error was an intervenor
Judge Robinson allowed discon-
tinuance by plaintiff in the suit of
Solomon Kauai VS.. John X. Sumner
ct al.
Motion by plaintiffs in the bill for
accounting of l.. Chez Sun ct al. VS..
:, Wal Long, to set cause for hearing.
will be presented before Judge De Bolt
tomorrow.
In the mortgage foreclosure suit of