The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1904-04-16
but beautifully contradicted themselves
DEsKY WINS FIRST BLOOD.

Judge Robinson yesterday denied the
/ motion to dismiss the temporary in
junction obtained by Charles S. Desky
against c. W. Booth, which enjoins the
| defendant from proceeding with the
foreclosure sale of Pacific Heights
property until the further order of the
court
Mr.. Milverton for the plaintiff fled
objections to the answer of defendant
and Monday was set for a hearing
thereof. The trial of the injunction and
reformation of mortgage suit will begin
on Tuesday. In the probability of its
lasting the rest of the week, Judge
Robinson has sent out word to his April
| term jurors that they need not appear
until Monday week.
GEARS JURY PANEL.
Judge Gear has issued an order to
High Sheriff Brown to summon the
following &c jurors to appear before
him at 10 o'clock a. M, Monday. April
Is:
Southland Hoffman Jr., Elan P. Chap
in, A. N. Campbell. Arthur w. Rice,
Philip Kaumaea, Joseph Kaia, Obed
Kikala, Archibald A Young, H F.
Dawson, Henry Birkmyre, John R.
Moniz. Douglass Kaona, Emil A
Berndt. Edwin Harbottle, E. G. Dui-
senberg, Samuel NowIein, Harry Carl.
Henry Napua, John A. McCandless,
Sam K Aki, James w. Bergstrom,
Robert Ball, Clarence H. Cooke, Jere-
miah K. Kaneliilii, A B. Arleigh and
E. J. Walker.
ROBINSON'S CALENDAR.
Clerk Simonton has given notice, by
order of court, that Judge w. j. Rob
inson, on Monday next at 10 o'clock
a. M, will call the even-numbered
civil cases on the April term calendar,
from and including No. 252 to and in
Guiding No. $40, also all cases passed
temporarily at the previous calling of
the calendar. Cases will be called for
the purpose of having them set down
as ready for trial." or for other proper
disposition.
BIG MORTGAGE CASE.
Judges Gear and Robinson have
granted w. c. Achi an extension of
time to answer until April 81, in the
foreclosure suit of II. Hackfeld & Co,
Ltd, VS. w. c. Achi and others. The
suit is upon a mortgage to secure the
payment of four promissory notes made
by defendant Achi to ]. NJ. Monsarrat
in the total sum of $4,000, all of the
notes bearing date of July 1. 1899. The
mortgage covers % pieces of fee simple
property in Honolulu and South Kona,
together with five leases and live
stock approximating 400 head of cat
tie and 40 head of horses, besides DON
keys, pigs, ETC., and all the increase
of such live stock, also brand and
branding irons. buildings, agricultural
tools and implements, dairy fxings,
furniture and all other goods and chat
tells upon and used in the enjoyment
of the premises described. J. NJ. Mon
sarrat assigned the mortgage to H.
Hackfeld & Co, Ltd, on July 1, 1899.
KONA COMPLICATIONS.
Return of writ of certiorari served on
Thomas Aiu, District Magistrate of
North Kona. on the petition of defend
ant Hutchns III the suit of Kapialani
Estate, Ltd, VS. Clinton ]. Hutchins,
trustee, and Henry Waterhouse Trust
Co., Ltd. The writ commands Judge
Aiu to forward to the Supreme Court
certified copy of proceedings had be-
fore him relative to a writ of possess
sion in the above entitled suit. also or
ders and enjoins him to proceed no
further in said cause until judgment
shall be pronounced on the regularity
of his proceedings Judge Aiu has
obeyed the order in sending to Henry
Smith, Clerk of Judiciary, the record
in question.
Judge Aiu by his attorneys, Kinney, |
& Cooper, late yesterday
filed a motion to quash and dismiss the |
writ of certiorari, citing backgrounds |
to show that the writ of possession WAS |
properly issued by the respondent.
AXTELL VS.. HENDRICK
In the malicious prosecution case of
J. c. Axtell VS.. H. E. Hendrick stipu-
Iation has been filed by c. C. Biting
for plaintiff and Robertson & Wilder
for defendant that the testimony given
by E. P. Dole and Annie Horner on
the previous trial may, in the absence
Of said witnesses, be read to the jury,
subject to legal objections to any ques-
ton or answer, at the next trial of said
cause. Judge Robinson, it will be re-
membered, granted a new trial of this
case on the ground that the damages
of $4,000 found against defendant were
excessive.
JUDGMENT FOR RENT.
Judge. Gear gave judgment after
hearing the assumpsit suit of Maria
Rawlinhos VS.. Antoine NJ. Silva and j.
D. Marques in favor of plaintiff against
in the sum of $50 and |
costs of court. A. G.. Correa |
for plaintiff; ]. NJ. Vivas for Defend |
ants. 1t was an appeal from District !
Dickey, who gave judgment |
of the same amount on a claim for rent |
of premises, to which the Circuit Court |
had given plaintiff a writ of possess
sion.
EXECUTION RETURNS.
Return of execution for $456SS.76 in |
the suit of the First National Bank of |
Hawaii against Jesse NJ. McChesney |
and R. w. McChesney has been made
by High Sheriff Brown, showing the |
Of o. IN Of l