The Hawaiian gazette., 1904-11-18

Afaud fonniahi ~ count DAYS vent
fof nnihine in itis iH1l whleh Haes
f0f mIFDHffiste of Justice ono way
nf another So pfrsaef loNetef hfit
er tht umi admitted th1t the court e
ruling was CORRECT
THE crMMiNs CASE
Joseph % Caftef has MED 70 demurrer
in the .uit NJ John a Cummins W.
Joseph ~. CARTER trustee. mud others.
iie ssts up ihchcs n the part " plain-
TIM nnd denies the constituilunality Of
the laws of Hawaii giving jurisdiction
10 q circuit Judge nt chambers to hear
the cause. II y also repre- cnted that
the allegations NJ the complaint do not
show that the trust deed the plaintiff
wishes Cancelled was not his free and
voluntary act. Further. that It APP
pears that said plaintiff chose Co rely
on the judgment OF this defendant
rather than his own as regards the
contents of said trust deed" and that
said plaintiff was guilty OF laches In
not ascertaining the contents OF said
trust deed for himself"
DEFAULTING CLERKS BOND.
Edward Vivian Richardson has en-
tered demurrer to the complaint or
G. $. Holloway. Superintendent OF
Public Works. the grounds being In
part as follows: That on July 1, 1901
the superintendent of Public Works
had no lawful power to appoint him
as clerk In the Bureau of Water Works,
nor to take from him a bond. and that
the bond taken from him is null and
void. That he. Richardson, had no
power or authority by law, acting as
clerk mentioned. to collect money for
the Territory of Hawaii, and that he
was under no legal duty to pay over
to the Treasurer of the Territory any
money so collected by him. That the
amended complaint is unintelligible in
failing to set out the duties of the
clerk of the Bureau of Water Works.
In the same case Henry Warehouse
Trust Co., Ltd, administrator of the
estate OF W. H. Cornwell, deceased,
demurs to the complaint. saying 1t is
uncertain in not setting forth what liza
bility, If any. was incurred by w. II.
Cornwell prior to his death, and suit
was not brought against this defend
ant upon the claim within two months
after its rejection.
COURT NOTES.
Araki, defended by F. e. Thompson,
will be put on trial before Judge Gear
this morning for assault with a dan
gerous weapon.
Judge Robinson sustained the de-
murrer to the amended complaint of
Wong 10y ct al. VS.. Hoffschlaeger &
Co. and A. NJ. Brown, with leave to
amend within ten days. S. H. Derby
for plaintiffs; w. w. Thayer for de-
PENDANTS
Judge Robinson's jury has been ex-
cused until notified. Arthur tombstone
Is individually excused from the jury
until further notice.
The late S. L. Damon's will was adj
to probate yesterday byJudge De |
Bolt, and letters testamentary ordered |
to issue to Gertrude Damon, widow of |
deceased without bonds. A. F. Brock, |
j. NJ. Makinnon and ]. A. Thompson
We're appointed as appraisers of the
estate.
Judge De Bolt made an order that |
the clerk of his court pay to William
r. Castle the sum of $3.50 taxes paid |
by him upon the property involved in
the partition suit of N. l.. Scott ct al. |
VS.. E. w. Pilipo ct al
Return of summons has been made
In an assumpsit suit brought by Hem
ry May & Co., Ltd, VS.. ]. X. Kalani-
anaole for s465S5 for goods sold and
Judge Weaver has referred the petit
ton of Peter C. Jones, Limited for
title in the Land Registration Court to
J. NJ. Monsarrat as examiner.
John Emmeluth VS.. Mary Z. Foster
ejectment, was heard jury waived by
Judge De Bolt yesterday.
Thompson e Clemens for plaintiff
give notice of motion before Judge De
Bolt next Monday to set for hearing
he suit of Hawaiian Hardware Co,
Ltd, VS.. Koolau Kaihanahaole, de-
'endant, and Allen & Robinson, Ltd,
,arnishee
Jennie Hilton petitions that letters
II administration be issued to P. E. r.
Strauch upon the. estate of her late
husband, James S. Hilton which con-
'ists of right of purchase leasehold
IT Olaa yaluad at s5O0