The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1904-06-16

in enhancing a jury without complet-
ing the process. A special venire for
six additional jurors was issued before
the court rose. ]. A. Magoon and
Holmes & Stanley appear for plaintiff;
Kinney, McClanahan & Cooper and J.
l.. KauIukou for defendants.
MOANA HOTEL DRINKABLES.
A. NJ. Brown, High Sheriff. makes
answer TO the replevin suit of Hawai-
ian Trust Co, Ltd, with relation to
1881 bottles of wine, mineral water,
etc. DENYING that the plaintiff is the
owner of the property and saying that,
at the time of the alleged taking there
of. the property was in the Moana
Hotel Co, Ltd Further the defend
ant claims that the property was legal
w taken under execution on judg
ment in favor of Levers & Cooke,
Ltd. against the Moana Hotel Co,
Ltd. and asks for judgment against
the plaintiff for the peaceable pos
session of the wines, etc.
GARNIsHEE LAW ATTACKED.
Philip L. Weaver files motion to
set aside the garnishment of his salary
as Judge of the Court of Land Regis
tration. in the suit of Kapiolani Es-
tate Ltd, VS. W. r. Castle, trustee,
P. L. Weaver ct al, on the ground
that the court has no jurisdiction to
issue such an order, because
a The garnishment based upon the
statute CAct 50 Session Laws 1909 does
not apply to the above entitled cause,
for said cause is not a suit by a credi-
tor against his debtor within the mean
ing and intent of said statute.
So The said statute (Chapter SO
Session Laws 1890 as amended 1908,
Act $50 is illegal and void, being con-
trary to the constitution of the United
States and particularly in violation OF
Amendment Ia thereof, which guar
antees the equal protection of the
laws
WILCOX ESTATE INVOLVED.
On the petition of w. o. Smith, ex-
ecutor of the will of William Luther
Wilcox. deceased, for an order to sell
real estate, Judge De Bolt has issued
an order to all parties in interest to
show cause on Monday, June 81, at 8 a.
m, if any they have, why an order
should not be granted for the sale OF
said real estate.
The reason given for the petition is
that the personal property belonging
to the late Judge Wilcox's estate is
insufficient to pay the debts of the de-
ceased and of the estate. 1t is shown
by the petition that the total amount
of claims presented to the executor and
allowed, and which have not been paid,
is the sum of $5S,74499, in addition to
which there is accrued interest on
notes and mortgages, up to February
20 last, amounting to $3723.95.
The total valuation of the personal
property, as of February %, is SILL
3O2
William Luther Wilcox died seized
of real estate in Honolulu and other
places in the Territory of Hawaii.
Much of the land is mortgaged, the
total amount of mortgages thereon
and on corporation stocks belonging to
the estate being $50, $50. In his first
account as executor the petitioner
showed an Indebtedness to him of the
sum of $3S5.0S.
1t is set forth that one of the prin-
cipaI assets of the estate is the Will
cox Poi Factory at Kalihi, and the
petitioner believes it could be sold to
best advantage along with the lands
connected Herewith, as a whole.
The schedules attached show IS Ka-
lihi lands aggregating 1880 acres.
Other lands consist of a lot on Queen
street, Honolulu, containing S435 square
feet; a lot on Tantalus, 60-100 acre; q
Waikiki lot, two Pearl City lots; two
lots in Puunui, containing 7.73 acres;
a lot in Puunui tract. Honolulu, 2.6S
| acres; land at Pukoo, Molokai, S2.57
| acres; the iii alma of Punaula, Molokai;
| lot at Kahana, Oahu, AGO acres; 2
| shares of the Hui Alma Kahana: ali
| the interest of w. L. Wilcox in the
| estate of A Wilcox, deceased, being
| a 13-S4th of 10 pieces Of land in the
| district of Hanalei, Kauai, aggregat-
| ing between 700 and 800 acres.
| HOTELS LIABILITY DENIED.
| Moana Hotel Co., Ltd, makes a gen
| eral denial to the complaint of DR..
Francis Howard Humphris, in which
| damages of $4,000 are asked on ac-
count of injuries sustained in defend
ants hotel elevator.
GORMAN'S SALARY HELD UP.
| Judge Robinson has given judgment
by default in the suit of Hiram Kile5
against the defendants Frederick Kile5
and James B. German for the amount
| ooS4 IOAs %1'tO'o', tOSCllSI viii c'V-O-
interest, $51.76 attorneys commissions
and $40 costs. Judgment is also giveT
against ]. H. Fisher. Auditor of tbs
Territory, for $3.50 retained in his hand:
in the form of warrants drawn ii
favor Of German as a Government
beneficiary.
COURT NOTES.
Chief Justice Frear again adjourned
the Supreme Court yesterday. Justi2f
Hatch is expected in the steamer ST
IBERIA on Friday, and the reconstructed
Supreme Court-Frear, Hartwel anC
Hatch-will in that event hold it's frs
session on Monday.
Judge Gear appointed J. J. Dunno a:
guardian of Aluli and Piliwali, minol
children of Paupau (w), deceased, I'm.
der bond of $500
Judge Gear yesterday took under ad
: visement the Parker Ranch injunction