The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1903-10-16

confirming sale and deficiency judg-
ment in the foreclosure suit of W. o.
Smith, Henry Waterhouse and Mary
S. Parker. trustees under the will of
W. C. Lunalilo, deceased. Mortgage
debt and costs amounted to s40,911.I.
found to be s15.227.91, for which the
clerk is ordered to docket up a judg
ment against H. w. Schmidt, togeth-
er with interest of 6 per cent per an
mum from the date of the decree, and
the plaintiffs are declared to have ex-
ecution for the whole amount.
STRAINED RELATIONS.
In the equity suit of Lee Chu and C.
K. Al VS.. Isaac Noar, the plaintiffs by
their attorneys, Magoon and Lightfoot,
move for the appointment of a receiv-
er of the property described for parti-
ton, upon the following grounds:
1.-The relations between the plaintiffs
and the defendants are SO strained and
unfriendly that it is impossible for
them to do business together.
That the said premises are in a filthy
and insanitary condition, and the de-
PENDANT will not take steps to remedy
the condition thereof, nor will he al
low plaintiffs to take such steps.
eff the said premises are allowed to
remain in their present condition the
tenants now occupying the same will
yacate said premises.
THAT if the said defendant be al
lowed to exercise control over said
premises, said plaintiffs will suffer ir-
reparable injury.
That the appointment of a receiver
is necessary to properly protect the in
terests of all the parties"
LUNALILO HOME REPORT.
w. o. Smith has filed the report for
the past year of the trustees Of the
Lunalilo Home for aged and INDECENT
Hawaiians. There are IS inmates Of
the home at date, of whom 20 have
been received within the year. Mrs.
Ellen A. Weaver, superintendent of
the home, states In her report that the
population of the institution is the
largest in its history, which she attrib-
utes to the high price of poi and hard
times in general. A remarkably good
health record Is noted, not a case of
dengue fever having occurred on the
premises, and it has been "a year of
peace and contentment among the in
mates" Mention is made of an in
creasing number of tourists who visit
the home. Receipts have been s51, 1896. 90
and disbursements 45,465.47, showing
a balance of s6,53O.73 in favor of the
estate of King Lunalilo.
FIRST GARNIsHEE SUIT.
Hiram Kiley brings suit against
Frederick Kiley and James German,
with Auditor ]. H. Fisher as garnishee,
for $1,770.67 money advanced and due
for services in connection with a fruit
exporting business. This is the first
suit brought under the act of 1908 pro-
viding for the garnishment Of the wa
ges of government employees. German
is adjutant's clerk for the National
Guard of Hawaii. Douthitt and Dill
lon are attorneys for plaintiff.
PANDORA'S BOX.
Wo Sing & Co. have discontinued their
suit against the Oceanic Steamship Co.
1t was an action to recover s471.50, the
value of contents of one box not de-
livered out of 40 boxes of merchandise
shipped to plaintiff on board the
steamer Alameda. The box was said
to contain two pairs of blankets, e
pairs bear gall, one piece of azure blue
velvet, 10 quires printed paper, q
pairs sea lion beard and one piece OF
deep blue velvet.
IN PROBATE.
When the petition of Rosa Halversor
for letters of administration on the es.
tate of Charles Halverson, deceased
was called before Judge De Bolt there
| was no appearance of the petitioner
or any person on her behalf. The
hearing was continued until Monday
next.
Judge De Bolt has made an order
correcting the name of decedent il
papers relating to the estate of Walter
the initial "E."
PLEADINGS.
A motion for a new trial Of Bishop
Estate trustees VS.. Lula (w), eject
ment, has been filed.
L Choy Tin by his attorneys, Mott
Smith and Matthewman, answers the
complaint against himself and others
Of Kapiolani Estate, Ltd, denying the
allegations and giving notice of In
tention to rely upon release, surrender
and cancellation.
In the case of John F. Colburn vs.. c.
S. Desky, the defendant by his attor-
neys, Hatch & Ballou, has entered ar
exception to Judge De Bolts order al
lowing the plaintiff to withdraw his
motion to amend the complaint.
FEDERAL INDICTMENTS.
The following additional indictments
We're returned by the Federal grand
| jury yesterday:
Tomokichi Sato, for importing a wo.
| man from Japan for immoral purposes
Some Rikichi, alias Masujiro Isoe, fol
| the same offense as in the preceding
case.
ANTI DIlclNlCco