The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1903-12-04
ANXIOUS FOR
INHERITANCE
James HOare Asks
Accounting Of
C0lburn.

James Hoare. one of the creditors of
the estate Of Antoine Rosa, deceased
has filed petition to require an inter-
mediate accounting from John f. Col
burn, executor. He says:
THAT John f. Colburn was appoint
ed sole executor of said estate by this
honorable court on October II. 1898;
that the said John f. Colburn has filed
no account as such executor, except
the first inventory of the assets: that
1t appears from statements Contained
In the petition to sell real estate filed
by the said John F. Colburn as execu-
tor on November 90. 1902. and In other
papers filed in the above entitled pro-
| ceeding, that large sums have been
paid out to meet certain unspecified
| claims. and that there Is great danger
that your petitioners claim will not be
paid in full or even pro rata with other
| claims; and that your petitioner is
unable to discover the present condi-
| ton of the estate or to ascertain his
| rights because of the failure of the
executor to account; that there are now
pending in this court proceedings for
said estate, and that an accounting by
the executor is necessary in connection
with such proceedings and for the us
certainment Of your petitioners rights
therein. especially in view of the fact
that the petition for admeasurement
states that over 81 900 has been paid
out by the executor for mortgages,
liens and other claims"
Hoare's claim Is on account of his
own estate, of which in his minority
Rosa was guardian. His attorneys are
Kinney & McClanatan and Hatch &
Ballou.
EVERLASTING SUIT.
The Injunction suit Of Hawaiian
Commercial & Sugar Co. VS.. Waikiki
Sugar Co. has been argued before the
Supreme Court for the past two duys
A. S. Hartwell, Smith & Lewis ana
Castle & Wilmington appeared for the
plaintiff, and Kinney, Mechanism &
Cooper Cor the defendant. The writ
ten evidence and maps produced are in
prodigious quantity. This controv arsy
over water has been in the courts
in many shapes for several years past.
JUDGMENT ON LIEN.
Judge Robinson yesterday heard the
jury waived case of Allen & Robinson
VS.. J. II. Fisher and Hoffman and
Riley. Judgment was given for de-
PENDANT Fisher for his costs, for the
reason that the action to foreclose the
lien was not begun within the statu-
tory time. Judgment for the full
amount of the claim. about 1919, was
given against Hoffman G. Riley. II. T..
Cooper for plaintiff: w. L. Stanley for
Fisher; Hoffman G. Riley in default
The suit had reference to Auditor
Fishers building in Fort street oppo-
site the Club Stables.
DAMAGES FOR EVICTION.
John Baker and wife, Sarah Baker,
have brought suit for $4,000 damages
on account of unlawful eviction from
a house in Kona, Hawaii, school sec
ton, against High Sheriff Brown, Su-
perinterdent of Public instruction At
hinson. Sheriff Lorrin Andrews, Depu-
ty Sheriff Kamanoha and School Agent
Miss Paris.
VARIOUS ITEMS.
A. Richley VS.. C. ]. Fshel, appeal
from District Court judgment of $124.S0
for plaintiff, is continued till the Janu-
airy term.
Jose r. Canuta VS.. A. McDuffie was
discontinued before Judge DeBolt. 1t
was suit for $3.50 damages on account
of assault involving the loss of a front
tooth. Defendant is a policeman and
he appealed from District Court judg-
ment of $55.55 against him.
Judge De Bolt allowed plaintiffs bill
OF costs at $44 as presented, overruling
the objection of defendant to certain
items, in the case of Goo Wan Hoy VS..
Samuel Kaai
Judge De Bolt appointed Mrs. May
Wilcox guardian of Lucy Kainul (w), a
minor without bonds and with costs
S. II. Derby represented the |
petitioner.
THE FEDERAL COURT.
Fifteen of the defendants in the |
Japanese conspiracy case, where so |
persons were indicted, were produced !
In the United States District Court yes
terday. When arraigned on the in |
dictment they were allowed to reserve |
their pleas until Monday.
Solomon Meheula, destroying public |
documents. and James II. Hakuole, en-
bezzling public money, were also al
lowed time in which to plead.
Judge Dole conferred American citi-
zenship on Peter Miranda. subject of
Portugal.
A Defnition.-Papa: Tommy, you