The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1904-02-20
FRAUD SUIT
THROWN OUT.
Test Case OF Law
Upon Drink
Debts.
Appeal on Replevin of
Grabbed Express
Package.
W liam Vida's Wife Sues for Di-
vorce-Fresh Batch OF APP
peaIs-Various Items

Judge Robinson sustained the de-
nurrers in the suit of Kailua against
the trustees, heirs and grantees of the
late James Campbell for the cancella-
ton of a deed on account of alleged
fraud and force, and dismissed the bill
]. P. Ball for plaintiff noted an excep-
ton. A. A. Wilder and J. A Magoon
appeared for respondents The ruling
of the court denies leave to amend the
complaint. This is one of the per
sonal injury" cases advertised as a spe-
cialty
| LIQUOR LAW QUESTION.
The Royal Hawaiian Hotel Co., Ltd,
has appealed from District Magistrate
Dickey's judgment for defendant in a
suit brought by it to recover $2I2.o5
from H B. Gehr The amount was a
balance on account for meals and liquors
at the hotel, which was admitted as
correct by defendant. As part of the
evidence consisted of wine cards signed
at the hotel bar, the District Magistrate
threw out the claim on the ground that
retail liquor bills are not recoverable I'M
der the law.
AN EXPRESS PACKAGE.
Defendant Enos in the suit of Pacific
Import Co, VS. Frank c. Enos and Wells,
Fargo & Co. has appealed from judg-
ment by District Magistrate Dickey for
plaintiff, for the restitution of GER
tain package or the payment of $42.5o
as its value, together with damages of
ST and costs of court $500 The suit
was for the package and $3.50 damages.
Samuel Ehrlich, manager of the plain
tiff company, anG store boy gave evil
dence showing that bill for the goods
was received from the express company,
that the manager sent the boy to the
express office with check to pay the
bill, that he paid it and fetched the
parcel TO the store, that Enos came to
the store and said there was a mistake
in charges, that the boy asked him to
wait until Enrich came in, and that
Enos would not wait but grabbed the
package and took it away. Enos testi-
fed about charge extra to the face of
the bill, and told about telephone mes
sage from c. w. Ashford, as attorney |
for plaintiff, that if he did not return |
the package within fifteen minutes he
would be arrested"
SUNDRY APPEALS.
James Kaiona by his attorney, Charles
F. Peterson, has brought an action to
eject Kaaua from premises at Hauhau
koi, Honolulu, containing an area of
62I square fathoms and square feet.
Damages of $1,000 for wrongful posses
sion are claimed
Wing We Lung Co. appeal by writ of
error from judgment for $7I.2o against
them and in favor of NJ. w. McChesney
& Sons in the FIRST Circuit Court.
E. F. Grady has appealed from judg
ment by District Magistrate Dickey
against him and in favor of J. P.
Rodrigues for $II827.
An appeal has been entered by de
fendant from judgment for plaintiff in
the sum of $3.50, by District Magis-
trate Dickey in the suit of Sakuzo Ia
naka VS.. Suzo Yano with Pacific Qua
no & Fertilizer Co., Ltd, gafnishee.
COMMISSION LOST.
Judge De Bolt gave an oral decision
for defendants in the suit of Castle &
Lansdale against the executors of the
will of the late S. c. Allen. It was
suit for commission on land sale. w.
L. Whitney appeared for plaintiffs; S.
H. Derby for defendants.
EXECUTIONS.
Deputy Sheriff Chillingworth has re-
turned the execution lin City Mill Co.
VS.. w. c. Achi as satisfied by the pay
ment of TIE debt and all charges by de-
fendant. The judgment was for $o27. 81
Judge De Bolt has extended the time
Of execution in Scott & Wagner vs.
w c.. Achi for one month, under a
stipulation that $500 of the judgment is
to be paid within that time
DIVORCE.
Annie P Vida has brought a divorce
suit against William c. Vida. They
we're married at Waikiki on October II,
1901, and have two sons. The ground
IF petition is failure to support Mrs
Vida saying she is obliged to live at
Ter fathers home. J. NJ. Vivas is her
attorney.
COURT NOTES.
Tong On VS.. P Mahaulu, administra- {
OF, IS discontinued s
Lee Chu and : K Al are allowed by