The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1904-05-20

The petition stated that John Mer,or
was the son of Frederick Merton anc
the nephew of Mrs. Rebecca Hart wife
OF the petitioner. Frederick Merton
it was further stated, formerly resided
in Honolulu but departed therefron
about IS yeats ago. On February rs
1901. at San Francisco, Frederick Mer-
ton delivered to petitioner an instrument
in writing. by which he put his two
children, Fanny and John. under the
care and custody of petitioner, then of
Alameda county. TO be by him properly
provided for and educated during Their
minority" Mr.. Hart was specially au-
thorized to take the children from Sar
Francisco TO South Kona, Hawaii. there
to bc riaced at such school or other in
stitution as to him seemed best. The
mother of John Merton died when he
was about one year OF age. His father
was last heard from about the year 1000
when he wrote to petitioner from Cali
fornia.
DESERVING HUSBAND ABROAD
A libel for divorce brought by Amelia
X. Green, alias Oakes, against Frederick
NJ. Green, alias Oakes, on the ground
of failure TO support states that the par
ties have never lived together as hus-
band and wife in the Territory OF Ha-
wall though the libellant says she has
been a resident of Honolulu since 1893.
She prays that a copy Of the libel and
summons be sent to the United States
Marshal for the district of California
for service. The parties were married
in San Francisco in November, 1882,
and no children have been born OF said
marriage.
REHEARING ASKED FOR.
Palolo Land and Improvement Co.,
Ltd, by its attorney, T. McCants Stew
art has filed in the Supreme Court a
motion for a rehearing of its water
rights suit against Wong Quai ct al,
on the grounds that the court in its
decision OF April 10 overlooked ma
terial facts and committed mistake or
misapprehension of facts OF the case.
The original hearing of this case by
Mrs. Nakuina, Commissioner, occupied
many weeks. Her decision was mainly
sustained by the Supreme Court.
NEW TRIAL MOTION.
Defendant in the malicious prosecu-
ton suit OF ]. c. Axtel VS.. II. E. Hen
drick, in which a verdict of $1,000 dam
ages was returned, has by his attorneys,
Robertson & Wilder, filed a motion for
a new trial on the grounds of evidence
admitted and excluded, of
errors in the courts charge to the jury
and of the verdict as being contrary to
the law and the evidence.
THE LOVE GUARDIANSHIP.
Henry Waterhouse Trust Co., Ltd,
equity OF James Love, seeking release
Jr., Annie X. Hart and the defendant
above named. Some allegations are ad-
mitted, others denied, and this defend
ant says it has now on hand as trustee
only the sum OF $1,000, as to which it
abides the direction of the court.
COURT NOTES.
1t is stipulated in the case of Yam
Wo Tong partnership against Hoff-
schaeger Co., Ltd, and Arthur NJ.
Brown, High Sheriff. that defendants
have ten days further time within which
to answer the complaint, provided such
right has not already expired.
Judge Robinson was engaged all day
yesterday hearing the suit for injunc
ton OF foreclosure OF mortgage and for
reformation OF mortgage brought by
Chas. s. Desky against Chas. w, Booth.
relative to Pacific Heights residence
tract.
Henry +. Cooper, executor OF the will
of L. Billman, deceased, has applied for
an order to take the deposition OF DIR.
C. b. Cooper, material witness for
probate OF the will, who is about to
leave the Territory.
+. A. Schaefer & Co. by their attor-
ncys, Robertson & Wilder, file motion
for decree pro confesso in their suit
for foreclosure of mortgage against
Maui Sugar Co, Ltd.