The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1904-11-25

hU bad examined IiIH thAININi IINii
continued until 80 no. when thc trlhl
was adjourned over rhHuhseivinr
bay
CASE DECIDED
Judge po noIt a. the conclusion of
argument ln the ciectmont case Of
blanche Lewis w. 1oeln *. Knhnu yes
tcrdny afternoon. rendered an oral de-
cision for the defendant Frank An
drado for the plaiutin noted an oxcep-
tlon ana gave notice Of motion for a
asw trial Kinney, McClanahan q
Cooper represented the defendant.
DEMuRRERs ovERRuLED.
Judge Robinson rendered "a decision
overruling the demurrers of several de-
PENDANTS in the suit OF Ellen Albertina
Polyblnnk, trustee and stella keomai-
lani Cockett. beneficiary, VS.. David Kn-
wnnanakoa and others and giving the
demurring defendants leave to answer
within Ave days. The suit Is bill in
equity to foreclose n mortgage covering
certain land in Honolulu.
David Kawananakoa. Jonah Kalani-
anaole. Abigail w Kawananakoa and
Elizabeth *. Kalanianaole demurred
separately but on substantially similar
grounds. They claimed that there was
a misjoinder of parties in the summon
ing of the wives of Kawananakoa and
Kalanianaole as parties defendant, be-
cause the note and mortgage We're CIV
en- to secure the payment of portion
of the purchase price of the land and
premises covered by the mortgage,
hence no interest of the wives appear
ed In the suit.
The court finds that. though 1t may
be true that neither Mrs. Kawanana-
koa nor Mrs. Kalanianaole is a neces-
sary party, each is nevertheless a prop
er party. They Joined in the mortgage
for the purpose of releasing all right
or possibility of dover, and the release
of doTer is therefore a fact to b. proved
by the compliments. If the complain
ants failed to prove this part OF their
allegations the respondents, Abigail w.
Kawananakoa and Elizabeth X. Kala-
have some interest, by way
of dover which would not be deter
mined by any decree rendered III a suit
to which they were not parties"
the authorities a New York case
is quoted where it was held: In equity,
there is n distinction between proper
parties, to be bound by the decree at
the election of the plaintiff, and neces-
sary parties, without whom the court
cannot proceed to judgment"
THE GOVERNMENTS PART.
Another ground of demurrer by the
already named is that the
Territory of Hawaii was an improper
party defendant, because the Territory
cannot be sued without its consent ac-
cording to the civil laws.
"Conceding for the purposes of the
argument" Judge Robinson says, that
this section and the following sections
have the effect which counsel claims
for them, still | fail to see how his
clients can take advantage of these
provisions as this statute was not en-
acted for the benefit of individual liti-
gants but solely for the benefit of the
In order to preclude pos
sible embarrassment to il in the dis
charge of its functions by the bring
ing by it's citizens of numerous suits
TO establish asserted private rights due |
from it or remedy and redress fancied |
private wrongs suffered from it through |
he instrumentality of its officers"
The demurrer of defendant German
Savings & Loan Society was merely on
he ground that the bill did not state
acts sufficient to constitute n cause of |
tction. 1t is overruled with the others. !
GROCERY BILL. |
j. X. Kalanianaole by his attorney,
:. w. Ashford, denies all the allega-
tons In the declaration of Henry May
& Co, Ltd, suing him for grocery
bill.