The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1903-11-06

WERE LATE
So That Plaintiff
Had to Take
NOnsuit.

pass suit OF w. F. Lowrie VS.. Kalau
agreement at 9 to 8. A mistrial was
entered.
Business sped before Judge De Bolt
yesterday. Five juries were drawn
but had not to use their own judgment.
as directed verdicts and nonsuit
brought the trials to quick endings.
For the case of David Kawananakoa
and Jonah Kalanianaole VS.. Lula (w.),
action to quiet title, the jury consisted
of E. McCorriston, h. r. Adams,
Charles Butzke, Chas. E. Frazier, H.
Benito Guerrero, Jas. A. Aud and
for plaintiff. Castle G. Wilmington
for plaintiffs; no appearance Of or for
defendant.
A verdict for plaintiffs for s17s9.s1
was directed in the case of w. O..
Smith ct al. trustees of Gear, Lam
sing & Co., VS.. John D. Holt. De-
fendant made no appearance, while
plaintiffs were represented by Thayer
G Hemenway. The jury sitting were
John Kuaana, e. E. Mossman, Chas.
f. Frazier, z. H. F. Wolter, e. r. Ad-
ans. Jas. A. Aud, Isidore Levingston,
Isaac Adams. Che rles Butzke, II. Meek
E. McCorrston and John F. Colburn.
In the case of Wo Sing & Co. VS..
Kwong Mau Wal Co., verdict for
plaintiffs for s2s71.64 was directed.
Thayer & Hemenway for plaintiff; w.
r. Castle for defendant. The jurors
were Charles E. Frazier, George Cy-
pher, T.. II. f. Wolter, E. McCorriston,
r. e. Mossman, Jas. A. Aud, E. r.
Adams, Isaac Adams John Kuaana,
Charles Butzke. p. NJ. Lucas and Isl
dore Levingston.
A. w. Scott ct al. VS.. W. c. Achi &
Co., was an assumpsit suit. There
was no appearance of defendants.
Thayer & Hemenway appeared for
plaintiffs. A verdict for plaintiffs for
$947.66 was directed, the jury being Z.
E. Mossman, John F. Colburn, Isaac
Adams, John Kuaana, e. McCorriston,
Chas. Butzke, P. NJ. Lucas, II. Meek,
Geo. Cypher, Chas. E. Frazier, E. R.
Adams and Isidore Levingston.
In the case of Territory Stables, Ltd,
VS.. Charles S. Desky, assumpsit, the
plaintiff was fooled by tardy witnesses.
They We're not on hand when the case
was called for trial, and defendant re-
fusing consent to continuance plaintiff
had to take a nonsut. This was no
sooner entered than the belated wit
nesses came in the door, but it was too
late to save a trial at this term. A
new trial will have to be brought. The
jurors who had it easy this time were
e. .McCorriston, E. H. F. Wolter, Isl
dore Levingston, E. e. Mossman,
George Cypher, Ben Guerrero, Isaac
Adams. p NJ Lucas, John Kuaana,
Charles Butzke. Chas. E. Frazier and
II. Meek. Mott-Smith & Matthewman
for plaintiff; Hatch & Silliman for de-
fendant.
NEXT IN ORDER.
Judge De Bolt will begin the follow
ing cases in their order this morning:
Allen & Robinson, Ltd, VS.. Annie
Schrei Reist, action to enforce mate
rialmen's lien.
w. o. Smith ct al, trustees of Gear.
Lansing & Co., vs. Emmett May, as
sumpsit.
VS.. Inter-Island Telegraph Co., Ltd,
assumpsit.
CRIMINAL SIDE.
Judge Gear yesterday resumed the
trial of Simoes for unlawful liquor
selling, but at noon adjourned for the
dav.
HAGEY CURE CASE.
Judge Robinson resumed the trial of
the Hagey cure case of T. NJ. Har-
rison VS.. ]. A. Magoon ct al. A mo-
ton for nonsuit was argued and de-
MED.
COURT NOTES.
Default has been entered in the Su-
preme Court in the suit of Theo. H.
Davies & Co., Ltd, VS.. H. A. Jaeger.
and McBryde Agricultural Co.. Ltd.
garnishee, for the following items:
judgment. s1S22.25; interest, s76.s6;
costs, sS157.
Walter G. Hyman, c. Kaiser and ].
A. Thompson, appraisers, return the
value of the estate of Ely Peck, de-
ceased. at $4s,4s49S.
Geo. A. Davis yesterday presented a
motion in the Supreme Court for
Of his disbarment case, in
IL 1t We're not granted that he
would appeal to the United States Su-
preme Court.
The Waialua Agricultural Co., Ltd.
has filed its answer to the complaint
of the Oahu Railway & Land Co., Ltd.
Admitting the claim for s4S00 on ac-
count of coal delivered, the defendant
sets up counter claim for s14,S71.5O
for rents, and asks for judgment for
the balance with costs amounting in
all to sll,S560S.
The Flint divorce case, an appeal
from Judge De Bolts refusal to grant
a decree was argued and submitted
before the Supreme Court.
Kono has brought an injunction suit
against Nakata TO restrain the de-
fendant from selling goods at 202 Bere-
tania street.
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