The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1904-05-05
HuTcHINs WIS POINT.


In an opinion written by Chief JUS
tice Frear and signed by the author
and Justice Perry, with short con-
curing opinion by Justice Galbraith,
the motion OF District Magistrate
Thomas Aiu CT North Kona, Hawaii,
to quash a writ of certiorari, in which
he is respondent, is denied and the
respondent given five days to answer.
The writ of certiorari was sued out to
stay a writ OF possession issued by the
district magistrate in favor of Kapio-
lani Estate, Ltd, and against Clinton
J. Hutchins, trustee of Kona Sugar
co. The decision holds that, under Act
80 of 1908, relating to executions, Eek
ecution cannot issue pending appeal
| unless upon good cause shown and an
opportunity given to stay execution by
fling a supersedeas bond" also that
when magistrate passes upon an
execution be acts judicially, and if he
issues one without allowing the de-
PENDANT the legal privileges just men
toned his action may be brought up
for review by certiorari. Cathcart &
Milverton for petitioner; Kinney, Nc
Clanahan & Cooper for respondent
CONDUCTOR BILLAdAN's WILL
The late Leonidas Biflman, conductor
on the o. r. & i. Co.'S railway, w5lled
all of his property to his ,eg II heirs.
naming Henry E.SCooper as executor of
his viii. The heirs mentioned in Mr..
Cooper's petition for probate Of the i'll
are the father. mother, three brothers
and two sisters of the testator living
at Shelbyville, Indiana. Personally
valued at $4,000 constitutes the estate,
the items being $1,000 cash, As shares
WaiaIua Agricultural Co. 10 shares
Maunalei Sugar Co. and 20 shares Olaa
Sugar Co. The viii was executed at the
Queens Hospital on April IS, 1904, the
date of the testator's death, in pres
ence of E. C. Smith and Dr. Chas. B.
Cooper.
ADMITTED DEPRECIATION.
Judge Robinson granted the petition
of Bruce Cartwright, trustee of the
Queen Emma estate, to cancel lease
Of land at KaIuaokau, Waikiki, made
to the late E.. c. MacfarIane on Octo-
Der 29, 1885, for a term of ten years at
an annual rental of $500 and all taxes
payable by the lessee. The further
prayer of the petition was granted al
lowing. the trustee to execute new
lease Of the property at $500 Il year and
taxes. In his petition the trustee mad
stated that, in his opinion. the rent
reserved in the old lease was in excess
of the rental value of the premises cow,
and that it would be to the advantage
of the estate to cancel the lease and
make a new one, he being informed
that the premises could be leased 90
responsible tenants at a rental Of $500
a year and taxes, which he considered
was a fair rental for the premises.
BREWERS WHARF INJUNCTION.
Castle & wilmington for the Ameri-
can-Hawaiian Engineering & Construc-
ton Co. a defendant in the Brewers
wharf injunction suit, will present a.
motion before Judge Robinson today
that the temporary injunction suit DE
dissolved, on the grounds of insufficient
facts and the lack of security for costs
and damages. They will present an
other motion to require the plaintiff,
John Lucas, to furnish security.
THE EHLERs ESTATE.
p. d. KelIett Jr has fled a masters
report on the eighth annual accounts
FL. F. Hackfeld, guardian of Paul j.
F. Ehlers and Heinrich W. Ehlers,
miners. The ffrst-named minor has
come of age and is entitled to delivery
of his estate, which consists of secuEi-
ties and cash valued at $23, 556.57. A
balance of $122.73 is due the guardian
in last years account with this minor.
Probbeer4ty q @ belonging to Heinrich W.
Ehlers,. yet in his minority, is valued at
$2A4S AS :. sen6iss
COURT NOTES.
w:.R. KaIeookeR5f has filed his APP
pearance and claim as person entitled
to the estate OF Kaaua, deceased, pray
ing that Ae,ihay he d5uaged entitled
AherEtoI RobeftW. BnscRonsIls his at
pEoFneyA Az Hcso VasIVTTa G4
Idaz Teppeys Castle, srfe4sidi1g Ais3 San
Francisco, has appointed George p.
Castle her agent in this Territory un-
der Iiern HpsieatioW tahaYe certain land
Dropght F1Ser, the Prey OF the
Hand Registration Act. s..
5 DR.. W. S. Noblftt, a creditor. petT-
lions thar Shar9eso r. Peterson may
be appointed administrators 6f the 6eses
4atelef4 Poipa Ka9ue fw1 pr. Roanalua,
Ideceasedf Thef estate. consists, Of q.
hbuse and lot at Moanalua valued at
$500. There are SIX heirs, who are
named, skf1o3Rsn 10 hpetTt45nef.s sHHf.I
3 The F1rst1zGfrcaIit s0ourf ograr6s jury
SWitis hold it's adtouraaedI session Il this Is
iriopningy .aa.1 sY,4sd,,t.4 = , a.a
q ARNIsTI5EEIIf DISCHARGED
II Judge Robinson after "a two; days
hearing, gave. a decision discharging
the ga gyaarlnIshee III the suit Of Chi71g Mon
vs. 2 K Rwvo6ng afnng 6heohk. Q defendant.
ahadY aag1 Gnu kKfam. egarnfshSet Es1t
was suit for $S70.S7 on sundry promise
sorry notes rand the gaH1ishee YES sued
on the supposition that he owed, the
defendant some IRE claim money The
evfdedea showed that me Rad Idfsposed
o5f the naJnes eefore5 being serNea wffip