The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1904-06-17
MoANA HOTEL DR1NKABLEs.

MoANA HOTEL DRINKABLEs.
A. NJ Brown. High Sheriff. makes
answer to the replevin suit of Hawai-
ian Trust Co., Ltd, with relation to
1881 bottles of wine, mineral water,
etc, denying that the plaintiff is the
owner of the property and saying that,
at the time of the alleged taking there
Of the property was in the Moana
Hotel Co., Ltd. Further the defend
ant claims that the property was legal
" taken under execution on judy
ment in favor of Levers & Cooke,
Ltd, against the Moana Hotel Co.,
Ltd. and asks fof judgment against
session of the wines, etc.
GARNISHEE LAW ATTACKED.
Philip L. Weaver files a motion to
set aside the garnishment Of his salary
as Judge of the Court of Land Regis
tration, in the suit of Kapiolani Es-
tate, Ltd, VS.. w. r. Castle, trustee,
p. L. Weaver ct al, on the ground
that the court has no jurisdiction to
issue such an order, because
II. The garnishment based upon the
statute (Act So Session Laws 1909 does
not apply to the above entitled cause,
for said cause is not suit by credi-
tor against his debtor within the mean
ing and intent of said statute.
''2. The said statute (Chapter 80
Session Laws 1890 as amended 1908.
Act 53) is illegal and void. being con-
trary to the constitution of the United
States and particularly in violation OF
Amendment IA thereof, which guar
antees the equal protection of the
laws"
WILCOX ESTATE INVOLVED.
On the petition Of w. o. Smith, ex-
ecutor of the will of William Luther
Wilcox, deceased, for an order to sell
real estate, Judge De Bolt has issued
an order to all parties in interest to
show cause on Monday, June q. at a.
M, il any they have, why an order
should not be granted for the sale OF
said real estate.
The reason given for the petition is
that the personal property belonging
to the late Judge Wilcox's estate is
insufficient to pay the debts of the de-
ceased and of the estate. 1t is shown
by the petition that the total amour.
of claims presented to the executor and
and which have not been paid,
is the sum of s5S,74499. in addition to
which there Is accrued interest on
notes and mortgages, up to February
20 last, amounting to $3723.95.
The total valuation Of the personal
property, as Of February 20, is $11.-
1902.
William Luther Wilcox died seized
of real estate in Honolulu and other
places in the Territory of Hawaii.
Much of the land is mortgaged, the
total amount Of mortgages thereon
the estate being $39.950. In his first
account as executor the petitioner
showed an indebtedness to him of the
sum of $3s5.OS.
1t is set forth that one of the prin-
cipal assets Of the estate is the Will
cox Poi Factory at Kalihi, and the
petitioner believes it could be sold to
best advantage along with the lands
connected Herewith, as whole.
The schedules attached show 10 Ka-
lihi lands aggregating 1880 acres.
Other lands consist of a lot on Queen
street, Honolulu. containing S435 square
feet; a lot on Tantalus, 60-100 acre:
Waikiki lot, two Pearl City lots; two
lots in Puunui, containing 7.73 acres;
a lot in Puunui tract, Honolulu, 2.6S
acres; land at Pukoo, Molokai, S2.57
acres; the iii alma of Punaula, Molokai;
lot at Kahana, Oahu, AGO acres: 2
shares of the Hui Alma Kahana: ali
the interest of w. L. Wilcox in the
estate of A. Wilcox, deceased, being
a 13-S4th of Is pieces of land in the
district of Hanalei, Kauai, aggregat-
ing between 700 and 500 acres.
HOTELS LIABILITY DENIED.
Moana Hotel Co., Ltd, makes a gen.
eral denial to the complaint of Dr.
Francis Howard Humphris, in which
damages of $4,000 are asked on ac-
count of injuries sustained in defend
ants hotel elevator.
GORMAN'S SALARY HELD UP.
Judge Robinson has given judgment
by default in the suit of Hiram Kiley
against the defendants Frederick Kiley
and James B. German for the amount
sued for, s177O67, together with s7O.S2
$51.76 attorneys commissions
and $40 costs. Judgment is also given
against ]. H. Fisher, Auditor of the
Territory, for $3.50 retained in his hands
in the form of warrants drawn in
favor of German as a Government
beneficiary.
COURT NOTES.
Chief Justice Frear again adjourned
the Supreme Court yesterday. Justice
Hatch is expected in the steamer ST.
IBERIA on Friday, and the reconstructed
Supreme Court-Frear, Hartwell and
in that event hold its first
session on Monday.
Judge Gear appointed ]. j. Dunno as
guardian of Aluli and Piliwali, minor
children of Paupau (w), deceased, I'M
der bond of $500,
Judge Gear yesterday took under add
visement the Parker Ranch injunction
case.