The Hawaiian gazette., 1904-12-16

Third Circuit Court at Kailua, from
which he will be unable to return to
Honolulu until about January l6 or
thereafter.
DEPOSIT on CONTRACT.
BY their attorneys, Robertson &
Wilder. f.. j. Lord and j. j. Belser.
suing for an Injunction against John
Walker. c. S. Holloway Superintend-
ent Of Public Works. and ]. II. Fisher,
Auditor. file this replication:
These repliants, saving 10 them
selves all right of exception to the
manifold errors and insufficiencies of
the answers of the several respondents
herein. for reply thereto say that said
answers and each of them are untrue,
uncertain and insufficient, and that
they will prove their said bill to be
true, certain and sufficient"
Plaintiffs contest the legality of an
accepted draft on Theo. II. Davies &
Co. in lieu of a certified check as de-
post with a bid for the contract Of
dredging Alakea street slip.
PROBATE MATTERS.
Mary Phillips has receipted to Cecil
Brown executor, for sS519.37, her one
| half distributive share under the will
OF William Phillips, her late husband,
( also for all household furniture and
/ possession of the realty that was a
| portion of the estate.
Judge De Bolt granted the petition
of Z. p. Kalama, guardian of Kahoo-
piopio (w), minor allowing him to
| borrow a sum of money not to exceed
$500 on mortgage of Nuuanu valley
property, at a rate of interest not to
exceed s per cent, for the purpose of
paying debts of the ward. c. F. Peter
son appeared for the guardian, who,
with the ward was also present.
William w Harris administrator OF
the estate of Fritz ]. Wilhelm, de-
} ceased, has filed his bond in 10000
with the United States Fidelity and
Guaranty Co. as surety.
CORPORATION POWERS.
Thayer & Hemenway for plaintiff II
the suit of w. VOTERS against Moan;
Hotel Co, Ltd. a corporation, file {
motion in the Circuit Court ito set {
day certain at which to hear argumen
on the question of the authority of {
corporation formed under the laws Of
the Territory of Hawaii to issue com
mercial paper"
COURT NOTES.
Henry waterhouse Trust CO.. Ltd.
by its attorneys, Robertson & Wilder
makes answer to the complaint of Kat
l.. Braymer against itself and others
in an action to quiet title, admitting
, that it is in possession of the lane
described in the declaration and tina
1t claims an interest and estate there
in adverse to the plaintiff, but denies
all the other allegations in the declar
alton.
Tung Yau has begun a suit for 5000
damages against Liliuokalani for fail
ure to yield peaceable possession o
three acres of taro-land in Manoa val
; ley, which plaintiff alleges he lease
; and paid rent for but was prevente
: from occupying by Ane Hilo claimin
l. to be the owner. Ane Hilo was re
> Gently I'm litigation with Liliuokalar
over the property.
y Argument on a motion to amend tn
complaint in the damage suit of Mr.
/ Makaliilii against the bark Olymp'
: for the death of her husband was s.
: by Judge Dole for the 9th inst, briel
to be filed the same time.
Judge Dole decided yesterday tht
, the salary of II. c. Austin while
was under suspension as Auditor
J. Hawaii, which he recovered judgmel
+ for in the Territorial courts, Is pa
, of his assets in bankruptcy A. G.
r, Robertson and c. w. Ashford claims
- the money as their fees for fightin
> Austin's battle in the courts. C.
" Hemenway. trustee of the bankrupt
/, estate. made the claim that has pre-
vailed.
Joseph Smith da Costa has petition
ed to be declared a bankrupt h
: schedules giving liabilities of $246.'
n and assets of Sl31.