The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1904-11-22
cathcart & milverton for defendant.
MRS. KAAE GAINS POINT

MRS. KAAE GAINS POINT.
! The Supreme Court, by the clerk,
reverses the decree of Judge Robinson
in the matter of the estate of Mar
garet V. Carter, deceased, and re-
mands the case to him for further
proceedings. 1t is held that a demur-
err lies to petition for removal of exec
utrix. Judge Robinson had ordered
the demurrer of Mrs. Kaae, executrix,
stricken from the files and the execu-
trix removed on allegations of petition
without further hearing, there being
no answer. L. Andrews for petition
err; c. w. Ashford for executrix.
NoNsUIT SUSTAINED.
Exceptions were overruled by the
Supreme Court. Justice Hartwell writ
ing the opinion, in the cases of Samuel
Andrews vs. Wahinenui and VS.. Kali
kena. The decision sustains the First
Circuit Court in ordering nonsuit on
the ground that the PLAINTIFFS case
showed that he had conveyed the land
to a third person after the action was
entered Castle & Wilmington for
plaintiff; no appearance for either de-
PENDANT.
PACIFIC HEIGHTS RAILWAY.
Judge Robinson rendered a decision
on the bill for foreclosure of trust deed
brought by w. Q. Smith, trustee,
against the Pacific Heights Electric
Railway Co, Ltd, August Dreier, Ho-
nolulu Rapid Transit & Land Co., Ltd,
Sister Albertina and Charles S. Desky.
The so-called adjunctive railway be-
tween the power house and Nuuanu
street is found to be not included in
the deed of trust. Both the cable con-
Meeting the original railway with the
present Rapid Transit system and the
steam condenser sold by G.. S. Desky
to August Dreier are held subject to
the trust deed lien.
The petitioner is held to be entitled
to the judgment and decree of the court
prayed for by him as to all that por-
ton of the Pacific Heights electric rail-
way included in the trust deed, being
all of the property included in the bill
of complaint except the equipments and
right of way of the adjunctive line,
but it is ordered that the cable and
steam condenser in dispute be sold only
in the event that the sum realized from
the sale of the remaining property be
insufficient to pay and discharge the
claim of petitioner. The cable IN
question was bought by the Rapid
Transit Co.
OBJECTION TO DEAD MAN.
A demurrer to the bill of revivor in
equity of Samuel c. Allen VS.. Thomas
r. Lucas and Lydia c. Lucas has been
filed. It's first ground is that the execu-
tors of the will of Samuel G. Allen, de-
ceased, are necessary parties to the bill
''inasmuch as it is therein stated that
Samuel c.. Allen is dead, but the said
complainant and counsel who filed said
bill hath not made them parties to said
bill" Other grounds are that decree
is not prayed for in accordance with
the prayer of the original bill; that the
prayer for relief is ambiguous, uncer-
tain and without request for equitable
relief, and that the Circuit Court of the
First Judicial Circuit has no jurisdlc-
ton to hear and determine the suit
Geo. A. Davis and e. M. Watson are
attorneys for defendants.
LOWS AUTHORITY ATTACKED.
J. ]. Dunne will move tomorrow be-
fore Judge Gear that the motion of
Elizabeth J.. Knight that the authority
of J. S. Low as pretended next friend
of her minor daughter Annie 7. K.
Parker to conduct suit for removal of
A. w. Garter as guardian of the es-
tate of said minor be rescinded and that
said suit be dismissed be set for hear
ing and heard and determined forth
with.
AVERY WINS OUT.
In the assumpsit suit of j. D. Avery
VS.. C. H. Pfeiffer, a decision has been
rendered by Judge Robinson, finding
Judgment for the plaintiff in the sum
of 800 on account of rent, together
with per cent. interest from Sept. 1,
1902, attorneys fees and costs of court.
COURT NOTES.
A. Lewis Jr., administrator with the
will annexed of the estate of Frank
Bond Auerbach, deceased, has filed his
final account with a petition for dis
charge. He charges himself with $S09.48
and asks to be allowed $3.50, leaving
balance of $76408.
The appeal of defendant in the suit
of George A. Davis VS.. William A. Hall,
from judgment for plaintiff for $161.09
in the Honolulu District Court has been
stricken from the calendar by Judge
Robinson.
D. Naoiwi petitions for letters of adj
ministration to himself on the estate
of his deceased wife, Nahinu Naoiwi.
which is valued at $1,000.
Judge Dole discharged G. r. Hemen-
fr11ctoa ha,