The Hawaiian gazette., 1903-09-08
MRS. CERTz
PERSISTENT
Wants New Bench Of
Justices to Try
Suit.


Oahu, in her own behalf and as ex-
ecutrix of the will of Christian Gertz,
deceased" has filed n motion in the
Supreme Court relative to Chief Justice
Frears ruling that he had no jurisdic-
ton to issue writs of mandamus to
j. Alfred Magoon, C. H. Banning,
b. Il. 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.
notice is appended, stating that the
motion will be made to the Supreme
Court on october 5, 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,
wrongfuly, 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 judy
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 n 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. I
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
ate husband, Charles Halverson.
With herself the heirs are five children
angling from five months to nine years
If age. The estate consists of a lease
lod and building valued at $1,000
Stanley A. Cutter petitions for letters
# administration on the estate of his
ather, Frederick Ingills Cutter, who
lied at Yokohama, Japan, on February
/, 1903. He left an insurance policy
or 1000 and, the petitioner believes,
in California. The heirs at !
aw are Annie Higgins Bromley and c
lizzie Chute Wooten, daughters, and 7
he petitioner. 1t is asked that ]
Charles H. Ramsey be appointed adj r
9
w. o. Smith, temporary administra- c
or of the estate of w. Luther Wilcox, c
deceased, has filed a final account, a
harging himself with $990.70 and ask G
ng to be allowed s1.3O5.29. which leaves c
balance due himself of $31459. He asks Y
or discharge and an order to deliver I
yer such property as remains in his a
ossession to the executor, which is h
imself. Q
Louis J. Feary, Edward NJ. Sniffen $
nd d. II. Kamakauahoa, appraisers, h
ave filed an appraisement of the s
roperty of ]. Kealohakui Malao. Jr.. C
living an aggregate valuation of
1856. =
APPEALS.
Robertson & Wilder have filed ap-
calls from Judge De Bolt in the two
ases of John Fowler & Co. Geeds).
It'd, VS.. George w. Macfarlane and
ebert Cation and George w. Macfar-
Inc VS.. Robert Cation, in each of
hich the decision was for Cation. ''
Niau Iaukea appeals to the Supreme HI
curt from the Circuit Courts decree cl
the partition suit of Keahi vs. Niau =,
,ukea, ct al. a.,
RULINGS AND PLEAS.
Judge De Bolt yesterday overruled ~
emurrer in the case of Kamakaulani 10
yoolsey VS.. Ching Lum, giving de- ri
ndant ten days within which to an fr
yer. so
In Peacock vs.. Vida, Judge De Bolt
PLAINTIFFS objection to at OF
rney's fee Of $50 for dissolving the dc
tachment. to
C. w. Ashford files separate answers w
defendants In the action to quiet
tie of Lam Wo Sing VS.. Moses Pua- VI
E, L. X. Puahi and Tam Pong. each fu
Uniting a claim to certain of the land al
nd premises adverse to the claim of Ga
aintiff