The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1905-06-23
TO SAVE LITIGATION.

To SAVE LITIGATION.
Castle & wilmington for plaintiff and
Kinney, McClanahan & Cooper for de-
PENDANTS in the case of r. r. Mossman
VS.. II. r. Macfarlane and others have
entered into the following stipulation:
THAT whereas there are certain 9TH
err actions now pending In the Circuit
Courts of the Territory of Hawaii, in
which Lucy X. Peabody is plaintiff and
various other parties represented by
counsel for the defendants in this ac-
ton are defendants, which said Pea
body cases are known to the parties
hereto as the 'Kauaaina cases.
"And whereas one of said Kanaaina
cases now pending in the Circuit Court
Of the First Judicial Circuit il TO be
tried, or disposed of without trial;
"Now therefore in consideration OF
the premises and the agreement OF the
above-named defendants hereinafter
set forth the said r r. Mossman, the
above named plaintiff, does agree to
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 ut the happening OF any OF
the following:
If the aforesaid case in which
Lucy X. Peabody is plaintiff be finally
adjudicated in favor of the defendants
and against the said Lucy X. Peabody
'2.-In the event of the discontinue
ance or dismissal voluntary or other
wise, of said Lucy X. Peabody's case
And said defendants. to this stipula-
ton do each and severally agree by
their attorneys the in consideration OF
this agreement on the part of the said
T. r. Mossmar. they ard each of them
do hereby consel to a continuation OF
the above entitled action now pending
In this court end ready for trial until
the happening of one or the other con-
tingency above enumerated.
'Tt 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 X.
Peabody cases herein referred to, OF
any of them. the agreement OF the said
II. r. Mossnan herein embodied shall
be null and void. otherwise to remain
In full force and effect"
CARRIERS EXCEPTIONS.
lau Male and her minor children
tees under the will of S. C. Allen ex.
ceptlons to the bill of complaint have
been filed by Kinney Mechanism &
! Cooper, attorneys for Carter. The first
exception is as follows:
THAT the said bill is vague and I'M
certain in various averments, and
abounds in prollx, 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 immateria
and Irrelevant matter" by numbers OF
| paragraphs, though in the ninth a pas
sage relating to the source of payment
of certain sum of $4,000 is specified ant
the seventh goes to 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
paragraph relating to the inability OF
the widow OF said John w. Kaikaina
haole and the heirs Of the deceased t.
make payment Of said mortgage, al
| well as all the remaining portions o.