The Hawaiian gazette., 1904-09-27
CUMM|NS
TRUST DEED
Constitutional Question
Same as in Parker
Case Raised.
CFrom Sundays AdvertIser)

lfroin SuudayH r AdNefttSet)
To John A. Cumminss petition In
equity against JOSEF o. Carter trus-
tee. and many others for cancellation
OF trust deed. Kamakaokane wilker,
Jane Merseberg, May G. Kibling and
Thomas T. Cummlns by their attorney,
A. s. Humphreys, have entered a de-
murrer. The grounds condensed are as
follows:
/. Facts are not set forth TO con-
stitute cause OF action.
2. There is nothing to show that the
deed of trust was not the free and
voluntary act of plaintiff with sufn-
cient motives and consideration.
g. Plaintiff is now barred as being
guilty of gross and inexcusable laches
in presenting his bill.
4. The bill is addressed to Judge De
Bolt, individually, in contravention of
the rules of the First Circuit Court and
its judges.
.. 1t does not appear that all neces-
sary parties defendant have been join
ed as defendants in the bill, in that the
Thomas B. Cummins, Matilda X wal
ker, Jane b. Mersberg and May /.
Creighton referred to in the trust deed,
or any or all of them, have been join
ed as parties defendant, nor does 1t
appear that their children have been
so Joined, and the bill shows no ex-
cuse for such omissions.
g. There is a misjoinder of parties
defendant in that Adolph Constable,
Barney Joy and John Doe Blaisdell are
Joined as parties defendant by virtue
of their being husbands of certain
other parties defendant named in the
bill.
I. The bill Is uncertain, ambiguous
and unintelligible in that it does not
show what interest any of the defend
ants except the defendant j. o. Carter
trustee, has in the trust deed, and in
that it does not appear in the bill that
there is not an inexcusabe misjoinder
of parties defendant.
S. The Circuit Court of the First
Circuit and each and every judge
thereof are without jurisdiction to
hear and determine the cause.
9. Under the laws of the Territory
of Hawaii the cause can only be heard
by a judge of the Circuit Court of the
First Circuit sitting at chambers, and
said laws are in contravention of Ar
ticle 3, Section l, of the Constitution
of the United States and Section 81
of the Act to Provide a Government
for the Territory of Hawaii.
Wherefore and for want of a good
and sufficient bill of complaint herein,
these defendants pray that they may
be hence dismissed with their costs on
this behalf most wrongfully sus-
tanned"
The ninth ground of demurrer raises
the same vital point as is now pending
in the Parker case, which involves the
legality of all probate and equity cases
since the creation of the Territory of
besides all divorce cases since
the law amendments of 1903 took effect
ESTATE OF SUSAN BRASH.
Albert F. Judd, guardian of Susan
Brash, has filed an inventory of the
property of his ward which has come
into his charge from j. A. Magoon. 1t
shows: Wilder's Steamship Co. stock,
$500; notes, $500; fire claim Judgment, |
$780, cash, $44240: land on Maunakea !
street, in which the ward has only a
life estate, $4,000; total, sl1,442.4O.
COURT NOTES.
Plaintiff in the Hagey cure syndicate
case, Thomas Miner Harrison VS.. ]. A.
Magoon ct al, by his attorneys, Ro- !!
bertson & Wilder, files motion to ad-
vance the cause on the calendar of
the supreme Court.
Judge Robinson grants plaintiff in
the suit of Middleditch VS. Kalaniana- |
ole ten days after the filing of the !
transcript of evidence in which to file |
his bill of exceptions.
Defendant in the suit of w. o.
Smith Ell al, trustees of Gear, Lansing
& Co., VS.. Emmett May by his attor-
neys, Geo. a. Davis and Robertson &
Wilder, enters ioinder in demurrer
To his plea of set-off.
L