The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1905-06-22

II
| dismiss or discontinue. or submit
without contest to dismissal or dis
continuance of each and all of the
above entitled actions in which he is
plaintiff at the happening of any of
the following:
If the aforesaid case in which
| Lucy K. Peabody is plaintiff be finally
adjudicated in favor of the defendants
and against the said Lucy K. Peabody.
Pin the event of the discontinue
ance or dismissal, voluntary or other
wise. of said Lucy X. Peabodys case.
And said defendants to this stipula-
ton do each and severally agree by
their attorneys that in consideration of
this agreement on the part of the said
T r. Mossman. they and each of them
do hereby consent to a continuation of
the above entitled action now pending
in this court and ready for trial until
the happening of one or the other con-
tingency above enumerated.
"It is further mutually agreed be-
tween the parties hereto that in the
event of a settlement or compromise
by money or for value of the Lucy K.
Peabody cases herein referred to. or
any of them, the agreement of the said
T. r, Mossman herein embodied shall
be null and void. otherwise to remain
in full force and effect"
CARRIERS EXCEPTIONS.
In the celebrated equity suit of Koo-
lau Male and her minor children
against Joseph O. Carter and the trus-
tees under the will of S. c. Allen ex
ceptions to the bill of complaint have
been filed by Kinney, McClanahan &
Cooper, attorneys for Carter. The first
exception is as follows:
THAT the said bill is vague and un-
certain in various averments, and
abounds in proliX, redundant. imper-
tinent, immaterial and irrelevant mat
ters. and is not such bill as under
the course of proceedings in equity and
of this honorable court, and of the
laws of the Territory of Hawaii gov
erning bills in equity, this defendant
ought to be called upon to make plea
or answer to-
The others of eleven exceptions refer
to alleged statements of immaterial
and irrelevant matter" by numbers of
para graphs. though in the ninth a pas
sage relating to the source of payment
of a certain sum of $4,000 is specified and
the seventh goes to a point of law as
follows:
THAT all that part of the goth para
graph of said bill setting up the fact
that the administrative of the estate of
John w. Kaikainahaole, deceased, out
of moneys in the said estate or immedi-
ately available could have paid the
mortgage of said Samuel c. Allen but
for the interposition of Section 1925 of
the Civil Laws of the Territory of Ha-
wall. as well as the allegation of said
para graph relating to the inability of
the widow of said John w. Kaikaina-
haole and the heirs of the deceased to
make payment of said mortgage, as
we'll as all the remaining portions of
said paragraph relating to the failure
of said Allen to present to the admin
istra trix said note and mortgage, are
statements of immaterial and irrele-
want natter
FORECLOSURE STAYED OFF.
Judge De Bolt has signed an order
granting the petition of Helen A. Holt
administra trix of the estate of James r.
Holt, deceased, for authority to assign
a note and mortgage dated June 49,
1896, payable in four years, also for
extension of time of payment of the
note for two years from June 10, 1905,
with interest at per cent. per annum
payable semi The note was
for $4,000 and there is now due on it
$4,000 principal, with interest at per
cent. AS stated in the petition the
property contains one and
seven-tenths acres and with the house
and improvements is assessed at $4,000.
1t is the homestead occupied by the
petitioner and her six minor children.
the note and mortgage were
made to Victoria Ward, but were later
assigned to Lavinia Prescott Key
worth. Under the order just made they
will be assigned to Eugene H. Emer-
son. The reason given in the petition
for rehabilitating the security is that
because of the depressed condition of
real estate values it would be mad
visable to order the sale of the property
or of any of the real prop
erty belonging to the estate for the
purpose of paying the note. r. D.
Mead represented the petitioner in
court.
COURT NOTES.
a discontinuance has been filed in the
quieting of title case of Mamie r.
Rice VS.. VIM. c. Irwin.
The grand jury is expected to make
its final report and be discharged to-
Judgment for default was given by
Judge De Bolt for plaintiff in the suit |
of August Ahrens against ]. NJ. Ezera, ,
for S395.27 and costs of $3S.62 Frank |
Andrade appeared for plaintiff