The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1903-07-22
WANT THEIR
RAILROAD
New RepIevin Suit
Against kona
Trustee.
Bierce Wants HutchinS
To Pay for Road
Material.
Property Is Taken by High Sheriff
Brown and Released Upon a
$4,000 Bond.

The William w. Bierce Co. yesterday
brought suit in replevin to recover the
railroad material furnished by them on
the Kona Sugar Co. plantation. For a
plantation was without operating pow
| er legally, though actually there had
been no change of possession. At noon
yesterday Clinton j. Hutchins against
whom the suit had been brought as
| trustee furnished a bond in the sum OF
$4,000 and High Sheriff Brown surren-
dered the property to him.
The replevin suit was brought in the
First Circuit Court yesterday morning
| by Kinney & McClanahan for the w
w. Bierce Co, Ltd. On the complaint
| to possession of the property the
replevin writ was issued by the court
| and High Sheriff Brown was COM
| manded to take possession.
The suit was to recover possession of
railroad material to the value of SIS, 900
which it was alleged had been furnish
ed to the Kona Sugar Co., and had
never been paid for. The property was
set out in detail,-locomotives cane
cars, switches, ties, rails, scales. blocks,
spikes, etc, the total value being S15,-
600. The plaintiffs were required to
give bond in the amount of $4,000 be-
fore the writ was issued. W. R. Castle
and J. A. McCandless were the sureties
on this bond.
The papers were served upon Clinton
J. Hutchins in the morning by Deputy
Sheriff McGurn. Hutchins is trustee
for the men who recently bought the
plantation at auction when it was sold
by order of Judge Edings. In order to
secure the release of the property he
secured an indemnifying bond in the
sum of $50, 900. II. Waterhouse and A.
B. Wood were the sureties and upon
receipt of the bond High Sheriff Brown
directed that the property be not dis
turbed. The deputy sheriff from Kona
was in Honolulu yesterday morning
and was to return on the noon steamer
with the papers requiring him to take
possession. If the writ had not been
promptly headed off with bond work
on the plantation might have been
stopped, as the railroad is required in
the transportation of cane just at pres
ent. J. W. Cathcart appeared as at
torney for C. ]. Hutchins, trustee.
Though the value of the property in
the replevin suit is set out at but
$4,000 the amount originally claimed
was $37,044.53. A suit was brought last
August by Bierce to recover this amount
from the Kona Sugar Co. 1t was al
legged at that time that the contract
called for that amount, no payments
having been made by the Kona Sugar
Co. for the material furnished.
. . . . . . . . .
account balancing with s16O4S4 on
either side. He asks for discharge.
Judge De Bolt has appointed VIM. w
Hall administrator of the estate of
Edwin r. Newman, deceased, under a
$1,000 bond.
DISORDERLY CATTLE.
Judge De Bolt dismissed the case of
Alfredo Andrade De Mattos VS. Jose
G. Serrao without prejudice for want
of jurisdiction. 1t was 4 suit claiming
$4,000 damages for malicious prosecu-
ton on a charge of common nuisance
in keeping cattle that disturbed
in the peaceful shades of |
South Hilo. Highton for plaintiff; |
Whitney for defendant.
NEW LAWSUITS.
The Oahu Lumber & Building CO.
has sued W. S. Edings for a balance of |
s61S.s1, citing the First National Bank |
Of Hawaii as garnishee.
Wing Wo Lung Co. has sued c. |
for s17OS.57, with Bishop & Co.
IS garnishees.
PARTITION OF PROPERTY.
Judge Gear has appointed Christie
'her J. Willis commissioner to part ton
ands in the suit of Caroline Haugh-
on VS.. Percy K. Mossman and others
DISTRICT COURT ATTORNEY.
Edward Hore of Waialua. a teacher
n these islands for over twenty years
md for many years dislric. magistrate |
# Waialua, has been license by Judge
De Bot to practice law in the district |
ourts and before circuit judges at
hambers on appeal.