The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1903-08-04
FERNANDEZ
ACQUITTED
Turpentine Is Not
Among Tabu
Articles.

A unanimous opinion of the Supreme
Court has been rendered In the suit OF
Pacific Sugar Mill VS.. Thomas G.
lThrum. The plaintiff applied for writ
OF mandamus to compel the respondent,
as Registrar OF Conveyances, to regis
ter a deed which he had refused to do
because the instrument did not cor
rectly express the consideration. Judge
De Bolt sustained the demurrer and
dismissed the application. His order to
that effect is now reversed by the SUI
preme Court, and the case remanded
to him "for such further proceedings,
not inconsistent with this opinion, as
may be proper" C. w. Ashford ap-
peared for petitioner, and Assistant At
torney- General Weaver for the re-
spondent.
Justice Perry is author of the opin-
ion. in which he reviews the registra-
ton law. In conclusion he makes the
| Court say: "If the variance instead OF
being 500 or 500 was fifty cents or one
dollar and both amounts within the SooO
limit. must the intent of the Legisla-
tire be held to have been to with
hold from such an instrument the right
of registry? We think not. Such OH
ferences are not of the essence of the
matter but are wholly immateriai.
Following is the syllabus of opinion:
| a..,a tberein EXPRESSED to be for
one dollar and other valuable consld-
Grafton. but which was in fact for
consideration of one hundred DOLLARS
cannot legally be refused registry py
the Registrar of Conveyances on the
ground that not all the consideration
money was therein set forth.
WRIT WAS TOO LATE.
Justice Galbraith is author of a unan-
;mous decision of the Supreme Court
uuashing plaintiffs writ of error in the
suit of Mary K. Tibbets vs. 5. Fail
as guardian for OLIVIA Lahela. D. D.
Dunno for plaintiff, c. F. Peterson for
defendant.
The gist of the opinion is that the
statute of limitations runs from the
date of Judgment in the court to which
the writ of error is directed, and not
fro,, tho date of n decision of the appel-
late court in the matter. 1t is, held that
the question was settled in the case of
Cummings vs. Iaukea. In the present
oosa iud.rar, MOS a,,t.rad IN tho cir
ant, COW. y, Au,,s. 90 1900 and n
: hin of .xo.nt,on. allowed and filed on
sont.r,h.r fo,,ow,ne. tho excentions
,,oro o,,.rrr,.a Ia Tho Surname Court
, q, naoa,,,or IN 1000 .rd tho writ NJ
) arror u,,s ;ssr.a IN June o 1ao2 The
: law is thus stated in the syllabus:
: Exoantiors tak.n to n Indictment of q
, Circuit Court to this Court do not sus-
pend such judgment so far as to pre-
, vent the running u, TIE SIN i'ton'ns
, ,,', ~ seed do Sao,,or Iaaa ~ T.
: AppAu.N EERNANDEz ACoIIT-
TED.
Tho Surname Court has cot inside the
: serterc. of tho circuit Court Judr, De
po,, nros;ding and iurv ha;ng waived
m Fernandez.
monocer Of the Hawaiian Hardware
60 for an o,,.sed violation of the law
re,o two 70 tba storage of inaammable
,,,oroh,,,,iso orrbe executions are sus
,o;roa" tba onipion written nv Chief
Justice Frear concludes. "the sentence
is sat aside and the case RENTED to
the Circuit Court with directions to dis
charge the defendant" Attorney Cen
eral l.. Andrews for the prosecution.
w. A. Whiting and C. f. Clemens for
the defendant.
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