The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1904-09-04

also that the respondents be adjudged
TO have no right or interest in the
property affected by the trust deed.
1 PARKER LIBEL SUIT.
In the libel suit of William A Kin
ney against Samuel Parker, the de-
fendant BY his attorneys. Magoon and
Lightfoot, demurs on the ground that
the alleged publication does not con-
stitute a cause of action for libel. The
alleged libel consisted in charge OF
malpractice against Kinney as an at
torney contained in an affidavit by Par
ker in the Parker Ranch litigation.
OLD DAMAGE SUIT.
| A. G. Correa attorney for plaintiff
in the damage suit of Hu Yong against
Bishop & Co.. bankers, for malicious
arrest on a charge OF passing counter
felt money, moves for a commits sion to
take the testimony OF c. H. Sherman.
assayer in the mint in San Francisco
Robertson & Wilder file objections on
the part OF defendants to the proposed
| interrogatories on the grounds that all
are immateria1 irrelevant and in
competent; that one of them is
leading, and, with regard to another.
asking about Sherman's report on coins
to District Attorney Breckons, that the
report itself is the best evidence of it's
nature. The incident leading to this
suit occurred two or three years ago.
Though the coins looked bad, a report
from the San Francisco mint was that
they We're good but of old mintage.
ANOTHER STRAUCH CASE.
Fanny Strauch petitions for appro-
Fpriate order in the matter of the es-
tate of Kualana (w), deceased intes-
tate, representing that she is inter
ested. as assignee of certain of the
heirs at law. in the estate; that on
April 81, 1904 James A. Thompson was
appointed administrator. but had never
qualified and now declines to serve;
that Edmund H. Hart, temporary adj
ministrator. has removed to, Maui. and
that there is nobody now qualified to
protect the interests and collect and
preservesthe assets of the estate.
MRS. GERTZ PERSISTENT.
Mrs. Anna Gertz, undaunted by judi
cial decisions past numbering against
her, has begun a new fight for the
redress of her alleged wrongs. Yester-
day she filed in the Supreme Court a
petition for writs of -mandamus to
produce records for examination and
comparing, and to order them stricken
from the record"
She sues as Anna Gertz in her own I
behalf and as elsecutrix of the will Of |
Christian GertZ, deceased, and the de- |
notwithstanding hour and minute Of |
recording documents which evince |
most patient Industry of research-are
designated as follows:
A mortgage instrument dated and re-
corded December II 1894
February %, 1885, mutilated by an
other affidavit on April 81, 1896
One affidavit dated April 10, 1896.
One transfer deed to John Buckley
dated Jan. 80, 1896.
One transfer deed to Mrs Maria J.
Forbes dated April 10, 1896.
The Registrar of Conveyances of the
Territory of Hawaii
The Treasurer of the Territory of
Hawaii with auction license record of
the years 1895 and 1896
j. Alfred Magoon together with gem
eraI mortgage instrument and affida-
Wis in Gertz mortgage matter.
The burden of complaint is of alleg- I
ed Illegal Sales of property of petit
toner and her late husband in 1896 |
Mrs. Gertz points out all sorts of flaws
in papers and proceedings. relative
both to the shoe store OF Christian | 1
Gertz and TO the Kawaiahao property
sold under foreclosure. For one thing
she claims that the shoe store bust
ness was conveyed to her by her hus-
band before he conveyed it to r. Alfred I
Magoon by mortgage. She wants the !
auction license record produced to
prove that the late w. Seaborn Luce,
n whose place of business the stock
Mira q seized 20 oil | ,
vas not at the time a licensed auc-
ioneer. Incidentally she styles the al
eyed auction room a ''robber den" (
Mrs. Gertz represents that a league"
vas in existence against her husband
nd herself, part of whose purpose was
o destroy their shoe business for the y
dvantage of the shoe company across
he street from their last place of bust =
ess. In Germanic idiom she makes a Z
decidedly racy remark to the effect
hat If there was an honest man in =
he league who did right action, he (
vas obliged TO exercise duplicity to- )
Yard the league and show that he had
cted rightly by mistake. :
Giving details of the sale under fore
losure of a stone building at Hawai- e.
hao, to be removed, Mrs. Gertz says u
he new roof was used by the pur- u
haser in the construction of the fire
tation on Fort street. also that the
tone blocks of the building numbered
bout 1000 and were mostly worth a K
ollar, apiece, the intermediate sizes az
eing of the value Of So cents apiece for D
ii
One of the most serious accusations 16
lie complainant makes against the al bf
ged despoilers is that a certain in G
-rument was recorded having inter he
neations therein which We're never er
acknowledged before notary public,
Tough the interlineations were what ia
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