The Hawaiian gazette., 1904-07-26
OLD LADY
HOLDS FORT
Justice HartWeII
Meets an Old
Friend.

BY unanimous opinion, written br
Justice Hartwell. the Supreme Court
denies writ of scire facias applied for
by r. Maka in the rather ancient case
| of Punilama VS.. Mele and Maikai
| Castle Il Wilmington appeared for petit
TONER. The writ was wanted to issue
| to Mele. an aged native woman, Ito
| show cause why n certain informal
| judgment made by this court November
20, 1865, should not be formally entered
and execution thereon issue against
| NIele for the possession of certain land
| in Honolulu described in the petition"
| When the Judgment was given the
court was constituted by Chief Justice
| Allen. Justice Hartwell and Austin,
and the judgment was signed by the
late Justice l.. McCully, at that time
clerk of court 1t read: THE court by
Justice Austin rendered opinion as YER
dict giving judgment to the plaintiff
| for the land, but without damages"
After the passing of a generation,
Justice Hartwell comes again to the
bench-the sole survivor of the worthless
above named-and meets the same old
case. In the meantime the Supreme
Court of Hawaii has passed through
several organic changes and many com
plete changes in the personnel of its
members.
1t was rected in the petition that no
formal judgment was ever entered, that
subsequently to the record above quot
ed Punlama conveyed his interest TO
Maka, the petitioner, and that Mele
continued. after the Hawaiian friendly
fashion, to live in rooms on the prem
iSpS without having rent other than oc-
casional water rates until within year
past when she, under the advice of
others, first made two claims that she
had a right to the land first, that
she had right to the whole land under
a deed from Punlama, being the same
deed adjudcated to be void in this ac-
ton; and second, that she had a right
to live there on account of long resi-
dence; and being notified declined to
remove from said land" II was further
stated by the applicant that Makai, the
other defendant was dead.
The court denies the application be-
cause the application itself shows that
the surviving defendant in the action
claims by adverse possession, and
plea of the statute of limitations in
proceeding for n writ of scire facias Is
In the body of the decision, conclud-
ing, the court says: "As this court
has not jurisdiction to entertain such a
plea, which requires jury trial, the
application for the writ must be denied,
and it is ordered accordingly"
HAD NO CASE.
After hearing argument only from the
opposition. presented by d. l.. Withing-
ton, Justice Hartwel yesterday deliv-
cred short oral opinion of the Su
preme Court Diminishing the plaintiffs
application for a rehearing of Palolo
Land * Improvement Co. vs.. Wong
kwai and others. This is the some
what celebrated water rights case that
Mrs. Emma NJ Nakuina, Commissions
er of Private Ways and Water Rights,
spent many weeks in trying. Her deci
sion was confirmed by the Supreme
Court with some notifications, but the
plaintiff made this application for Il
rehearing. r. McCants Stewart and
Lorrin Andrews We're attorneys for the
plaintiff and, upon the decision being
rendered, Mr.. Stewart said:
THE clear argument of Mr.. Withing-
ton could not be improved upon. 1t
may be permitted to me to say for my
self and Mr.. Andrews, my associate on
the trial of this cause and on the hear
ing before this court, that this motion
was made against our legal Judgment
The treasurer of the Palolo Co., Mr. w.
l.. Howard. worked the matter out to
his satsfaction part of the motion be-
ing in his handwriting and we submit
ted our own judgment to lay opinions"
4