The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1904-03-08
THE VOUCHER CASES.

4
Deputy Attorney General Peters to
strike from the files the challenge of
| the grand jury panel entered on be-
half of the defendants in the House
voucher cases. The ground was that
| the challenge was not entered at the
proper time With reference to mo-
tions to quash the respective indict-
ments against Meheula, johnson and
Kumalae, a continuance was granted
at the request of the prosecution. In
the case of Johnson an amendment to
the motion was allowed, where Meheu-
| las name was enormously written in
place of Johnson's at one place. c. w.
Ashford for defendants.
GARNISHEE DISCHARGED.
In the suit of the First National
ney ct al, Judge Gear, after hearing
| the case jury waived, rendered the fol-
! lowing decision:
This is an action for the balance
due upon a promissory note for 1000,
dated March %, 1901. find that there
is now due the sum of $S7, $500, prin-
cipal and interest on $4,000 from Jan.
| 81, 1902, to March 81, 1908, at TX p. C.
per annum, and interest on $37 ,557 20,
at ~ p. c. per annum, from March
| q 1903, to date of judgment herein.
THE evidence shows that on Sept
| IS. 1902, the defendant partnership
! transferred all their property to cor
poration OF the same name, including
| in the transfer all book accounts and
| chooses in action. This had the legal
effect of transferring all the debts due
the partnership to the corporation, and
| therefore the garnishees will be dis
charged.
Judgment for plaintiffs as prayed
| for, with interest, attorneys fees and
costs, will be signed upon presenta.-
tion."
The garnishees were George Rodiek
as trustee, George Rodiek and NJ. w.
McChesney & Sons, Limited, a Hawai-
ian corporation. AS the assets of the
debtor firm were transferred to the in
corporated company, the plaintiff will
probably have to bring proceedings in
equity before it can recover the debt.
| DEFICIENCY JUDGMENT.
! The return of sale by P. D. Kellet,
Jr., commissioner in the suit of John
| Vivichaves VS.. NJ. F. Pedro and K.
Kahulani, was approved by Judge De
| Bolt. A deficiency judgment was or
| dered to be entered for plaintiff in the
sum of $555.6S an execution to issue
! therefor. The commissioner is allowed
a fee of SIS. The property sold was in
| North Kona, and it was bought at the
sale by the plaintiff for $50. Thayer &
! Hemenway appeared for the plaintiff.
| There was no contest.
DEATHBED WILL
Annie Ululani petitions for probate
of the will of Puninani, in which the
petitioner is named as sole devisee and
| legatee, as well as executrix. The viii
| is written in pencil and, according to
authoritative information, was execut-
| ed fifteen minutes before the death of
| the testatrix. The witnesses We're Julia
| Waikaloa, Albert F. Judd and Thomas
| Watts. 1t is said that the petitioner
! took care of the deceased woman for
some years prior to her death.
The estate consists of realty worth
| $3.50, being a half interest in lot and
] house at Palama, and personality val
ued at S1G0. 1t is directed in the will
| that no bonds be required of the ex-
ecutrix as named When the will was
executed Puninani was % years of age.
| Her heirs at law are her husband, Ku-
mukoa, her mother, two sisters and
| two brothers.
PROBATE ITEMS.
Judge De Bolt approved the accounts
of W. w. Hall, administrator of the
estate of Edwin r. Newman, deceased,
ordering his discharge on fling of final
| receipts. a. S. HartWell for petitioner
The BALANCE for distribution was
s139S45.
Accounts of George r. Carter. guar
dian of the Carter minors, were refer
red by Judge Robinson to NJ. T. Simon
ton as master for report.
John p. Dias was appointed guardian
! of the person and estate of Antonio
| Botelho minor under bond of $780,
| by Judge De Bolt. ]. NJ. Vivas for
! petitioner
COURT. NOTES.
Judge De Bolt yesterday partly heard
the case of VIM. w. Bierce vs. Clinton
J. Hutchins. trustee, which involves
! some of the properties held by the late
&ona Sugar Co. Kinney, McClanahan
& Cooper for plaintiff; ]. w. Cathcart
and w. L. Whitney for defendant.
Defendant Isaac Noar has filed an
| answer and a cross complaint in the
partition suit OF Lee Chu and c. X.
| All VS.. Isaac Noar and Julia Noar. De-
| PENDANT Julia Noar makes special APP
| pearance and moves that the service
| Of summons as to her be set aside.
Judge Robinson sustained the plea in
| abatement in the suit of partners in
Leong Yick Co. VS.. Hee Fat, dismissing
| the action without prejudice. c. W.
Ashford for plaintiffs; E A Douthftt
| for defendant.
Judge Robinson granted a divorce to
Manuel de Souza against his wife,
Maria Rosario Souza, on the ground
of desertion since December, 1892
FORTY HAWAIIANS