The Hawaiian gazette., 1905-12-29
RtD[CCl'S
LEASE VOID
dFrom Thuf.dal-. Aa,srll.er.l

Affum thuftuhN AdNfttieeTl
Judge DE Bolt rendered a written
decision IN the case Of Richard n
Trent. guardian ut Rebcera X. panee.
Va. Chin kee Kan aud Ang Ton. II
was an action Co recover $3.50 rent
claimed for breach of covenant of
lease. Judgment is given for defcn.
dants y. NJ Watson appeared for
plaintiff, aud Ballou a Marx for de.
PENDANT.
IL was agreed that the ease 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
filed February %, an unstamped bond
for costs on appeal being filed the
same day. Accrued costs were paid
February "a and the stamp on the bond
was cancelled February &C. the day on
which the lease was executed.
Sin my opinion, Judge De Bolt
says, "the lease was and is void, it
having been signed and delivered after
the appeal was perfected and good
the stamp was not cancelled until after
tut VI tut tease, W
is totally immaterial (Tiernan VS..
Booth, Fed. $50; Mckinney VS.. Hart.
man, l43 Ind. 227) The fact remains
that the bond was filed Feb. 90 and all
costs, presumably for the stamp on the
bond as well, were paid Feb. "a.
Judgment may be entered for tbs
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 Judici
airy building to the House Of Represen
tatives chamber in the Capitol, on &C
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 $lS6l.96 in the suit OF
II. Hackfeld q Co., Ltd, VS.. s. Toni
kawa is returned as partly satisfied by
Deputy Sheriff w. A. Fetter of Soutl
Hilo, who sold real property Of defend
ant at Olaa and realized a net amount
of $520.25 thereon. for which he re
turns receipt from the attorneys fol-
plaintiff.
Execution for $s15.O9 in the suit OF
II. G.. Middleditch, trustee in bankrupt
cy of Chas. i. Herrick Carriage Co., vs.
| David Kawananakoa is returned unsat
isfed by Deputy Sheriff Kalakiela, whC
could find no property of defendant oil
which to levy.
Judgment of default has been giver
by Judge De Bolt against defendant il
the suit of +. f.. Thompson vs.. Georg,
+. Mcleod for $SSs.50 principal, $33.
65 interest and $500 costs, n total OF
$9S0.45.
NOMINAL DAMAGES.
In the damage suit of Y. Amir
against VIM. Henry, High Sheriff
Judge De Bolt found for the plaintiff
with damages at one dollar. He sue'
for $500 on account of breach made
into his office on Maunakea street by
Henry Vida, deputy of defendant, anC
other officers. The District Court grant
ed a nonsuit, from which plaintiff APP
pealed. w. G. Achi appeared for plain
tiff, and Geo. A. Davis for defendant
COURT NOTES.
Henry j.. Highton for plaintiff with
drew the motion for postponemenl
| VI lHe IIldl VI lIuhtT NS. ,
in the face of the objection that it was
n term matter and should not be heart
by judge at chambers.
In the suit of Lahapa Ernstberger VS.
Kina Nahau and Nahau, plaintiff moves
to strike from the files the answer o
defendants and to enter against then
decree pro confesso.
Heen & Kaulukou file motion TO
temporary alimony and attorneys fe'
on behalf of Martha Alma in her di
vorce suit against NJ. Mahoe Aina.
Hawaiian Hardware Co., Ltd, suei
Hee Fat for $l20064 on account Of
merchandise sold.
r. Hayashi sues s. Ozaki for n bal
| disc sold.