The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1905-12-28
'RfBECCA'S
LEASE VOID
Executions Returned-.A
Judgment Court
Jottinss.

Judge De Bolt rendered a written
decision in the case of Richard 81.
Trent, guardian of Rebeeca K. Panee,
VS.. Chin Kee Kan and Ang Ton. 1t
was an action to recover $3.50 rent
claimed for breach of covenant of
lease. Judgment is given for defen-
dants. E. M Watson appeared for
plaintiff, and Ballou & Marx for de-
PENDANT.
It was agreed that the case depend
ed on whether the guardianship of Re
becca was in existence when the lease
was executed A decree of February
10, 1902, terminated the guardianship.
Notice of appeal from this decree was
fled February %, an unstamped bond
for costs on appeal being filed the
February "a and the stamp on the bond
was Cancelled February 20, the day on
which the lease was executed.
"In nv opinion Judge De Bolt
saws. s'the lease was and is void, it
having been signed and delivered after
the appeal was perfected and good
and sufficient bond fled. The fact that
the stamp was not Cancelled until after
the delivery of the lease, to my mind,
is totally immaterial. (Tiernan VS..
Booth, Fed. $40; Mckinney VS.. Hart
man, 143 Ind. 227.) The fact remains
that the bond was fled Feb. % and all
costs, presumably for the stamp on the
bond as well, were paid Feb. "a.
Judgment may be entered for the
defendants. -
J. A Magoon was the former guard
ian. who. after defeating the decree IN
question on appeal, resigned.
RETREATS FROM NOISE.
Judge Robinson yesterday afternoon
transferred his court from the Judicl-
airy building to the House of Represen-
tatives chamber in the Capitol, on ac-
count of the noise made by the work
men renovating the interior of the
Judiciary building. Godfrey VS.. Row
land is still on before Judge Robinson.
EXECUTIONS, ETC.
Execution for $1S6196 in the suit of
II. Hackfeld & Co., Ltd, VS.. S. Toni
kawa is returned as partly satisfied by
Deputy Sheriff w. A. Fetter of South
Hilo, who sold real property of defend
ant at Olaa and realized net amount
of $520.25 thereon, for which he re-
turns receipt from the attorneys for
plaintiff.
Execution for $4,000 in the suit of
H. G. Middleditch, trustee in bankrupt
cy of Chas. F. Herrick Carriage Co., VS..
David Kawananakoa is returned unsat-
isied by Deputy Sheriff Kalakiela, who
could find no property of defendant on
which to levy.
Judgment of default has been given
by Judge De Bolt against defendant in
II " II,
F. Mcleod for $SSS.50 principal, $33.-
65 interest and $500 costs, a total OF
$980.45.
NOMINAL DAMAGES.
In the damage suit of Y. Amin
against VIM. Henry, High Sheriff,
Judge De Bolt found for the plaintiff
with damages at one dollar. He sued
for $500 on account of breach made
into his office on Maunakea street by
Henry Vida, deputy of defendant, and
other officers. The District Court grant
ed nonsuit, from which plaintiff ap-
pealed. W. G. Achi appeared for plain
tiff, and Geo. A. Davis for defendant
COURT NOTES.
Henry E. Highton for plaintiff with
drew the motion for a postponement
of the trial of Laker VS.. Humphreys,
in the face of the objection that it was
a term matter and should not be heard
by a judge at chambers.
In the suit of Lahapa Ernstberger VS..
Kina Nahau and Nahau, plaintiff moves
to strike from the files the answer of
defendants and to enter against them
"a decree pro confesso.
Heen & Kaulukou file a motion for
temporary alimony and attorneys fee
on behalf of Martha Alma in her di-
vorce suit against NJ. Mahoe Alma.
Hawaiian Hardware Co., Ltd, sues
Hee Fat for $1200,64 on account of
merchandise sold.
T. Hayashi sues S. Ozaki for a bal
ance of $621.30 on account of merchan-
disc sold.