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

De Bolt said that it was not usual to
poll a jury excepting in criminal cases.
Mr.. Stanley for the plaintiffs said he
had no objection. Mr.. Wilmington then
contented himself with noting excep-
tons and giving notice of motion for a
new trial. The property in question is
in Wyllie street and worth from $500
to $1,000
Peabody VS.. Judd ct al, action to
quiet title, was still on before Judge
Robinson yesterday.
OBJECTIONS TO DOVER.
James Hoare, a creditor of the late
Antoine Rosa's estate, has by his attor-
neys, Kinney & Ballou, filed exceptions
to the report of Ella A. c. Long, the
commissioner to admeasure dover. In
the first place, he says the commits
sioner has wrongly admeasured dover
to the widow, Helen n. Rosa, in that
she had elected to take under the will
of her husband, as his sole devisee, and
therefore was not entitled to dover. In
the next place, the commissioner had
wrongly admeasured dover in that he
had included in the admeasurement the
full value of lands that We're mortgag-
ed at the time of Antoine Rosa's death.
In a mortgage by Antoine Rosa and
Helen n. Rosa to J. A. Magoon for
$1,000, Mrs. Rosa had conveyed away
her dover interest in such lands. Last
ly, the commissioner had wrongly adj
measured dover for the reason that the
widow consented in writing, such con-
sent being filed in the Circuit Court, to
the sale of lands for the purpose of
paying the debts of the estate, and for
no other purpose. 1t is alleged that
the sale of lands took place, under an
order of the court, free and clear of all
membranes and without any reserva-
tons as to dover or other interests.
Also, that a petition to confirm the
sale, with the consent in writing of
Mrs. Rosa to confirmation, was filed by
the executor and the sale was confirm
ed by the court. 1t is contended that,
by consenting to the sale without res
ervation and without making claim for
her dover interest, also by waiting
nearly three years after the sale be-
fore making any claim for dover in
any part of the estate the widow had
waived her dover right in the proceeds
of said lands.
TRUST FUNDS.
F. w. Macfarlane, trustee under the
will of Adelia Cornwell, has filed a re-
quest for approval of the investment of
$4,000 in bonds of the Pioneer Mill Co.,
Ltd F. w. Macfarlane and August
Ahrens, guardians of George Richard
son. a minor, request approval of the
investment of $4,000 in the same secur-
ity. In each case there is appended
statement of the status of Pioneer
bonds, showing that out of an issue of
81 $50, 900 only s24O, 900 worth of the
bonds remain unsold. The names of
large concerns holding the bonds sold
are given and a schedule is presented
showing the excess of assets over liabil-
tiles of the company to be So, 1854
APPEAL OF POLICEMAN.
All On has appealed from judgment
of $172.74 against him and in favor of
All Hing rendered by District Magis-
trate Dickey. 1t was a suit on judg-
ment for damages for false imprison-
ment given in the Circuit Court, to
which the case had been RENTED by
the Supreme Court after being appeal
ed to it on a point of law. Defendant
is a policeman and Auditor ]. H. Fisher
was summoned in the case as gar
nishee On the latest trial in the Dis
trict Court, Judge Dickey denied mo-
ton for nonsuit which had been made
on the grounds that All On named in
the Judgment sued on is not proved to
be the same All On served in this case
as defendant and that a judgment in
this case would be contrary to public
policy and unconstitutional.
OTHER APPEALS.
William A. Hall has appealed from
judgment for $161.09 against him and
in favor of George A. Davis rendered
by District Magistrate Dickey. 1t was
suit for balance of an attorneys fee
of $1,000.
Defendant in the case of Oh VS.. K.
Hoshina has appealed from judgment
rendered by Judge Dickey in favor of
plaintiff for S10S.35.
r. w. Davis has appealed from judg-
ment for 1892 against him and in ia
vor of J. A. Durant rendered by Dis
trict Magistrate Dickey.
Daniel Kapea, who appealed from a
fine of $40 and costs in the District
Court for using bad language toward
Policeman Eugene Devauchelle, was re-
leased by Judge Gear under a nolle
prosequi entered by the Attorney Gem
eral.