The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1906-06-23

the plaintiff was entitled 10 a verdict
for very substantial damages. The
error committed by the ruling of the
court could affect only the amount of
the verdict. If the error were one OF
excessive damages. We should give the
plaintiff the privilege of avoiding a
new trial by renting a portion of the
damages But 10 do that when the err
ror consisted in striking out evidence
that should have gone to the jury
would be to deprive the defendant OF
its right to nave the jury pass on the
amount of damages upon the proper
evidence We think however, that. in
view of the part that the defendant
took in the proceedings leading up to
the error, the setting aside of the YER
diet and granting of q new trial should
be conditioned on its paying all costs
to date irrespective of the final out
come of the case, and it is so ordered"
REFUSED A WRIT.
Chief Justice Frear yesterday filed
certificate that on or about April %,
1906, VIM. Motley Chas. Motley and
Maria Hughes, by their attorneys,
made an application to him to allow
writ of error from the Supreme Court
of the United States to the Supreme
Court of the Territory of Hawaii in the
matter of the will of Chas. Motley, de-
ceased, 20 which he entered "a refusal.
CLAIM THE RICE.
H. Hackfeld & Co, Ltd, are suing
Henry Cobb Adams for the recovery of
personal property. Complainant alleges
that on June u, 1906, the plaintiff was
the owner of seventy bags of rice
marked L A Kaneohe Rice MILL of
the value of s435 per bag, to wit,
S304.50 and that the defendant. with
out plaintiffs consent. came into pos
session of the rice on or about June u,
and still retains possession of the same
Judgment in the sum of $304.50 and
costs is asked
COURT NOTES.
a decree of divorce was granted by
Judge Lindsay yesterday to Heinrich
Carl Schmidt against Marie Theresa
Schmidt, on the ground of desertion.
Defendant in the case of the Hawai-
ian Trust Co., Ltd, VS.. Mile Morris
has been given ten days additional
time in which TO plead.
Counsel in the case of G. w. r. King
and Anna Louise King, his wife, VS..
Amy L. CLARK, otherwise called Mrs.
A. l.. King, have filed stipulation Civ
ing respondent up to July 26 in which
to answer compliments bill
David Kaheleua has moved that a
decree of heirship in re the estate of
Kaalewai Pearson (w) be made by the
court to the petitioner. The motion
Will be presented 10 Judge Robinson on
June %, at 10 a. m. |
Decision was rendered yesterday by
Judge Robinson in favor of defendant 3
n the case of Mrs. Johnson VS.. A. V.
Gear in an action brought to recover
alleged to be due in the con-
of a native grass house for
he Zoos Hawaiian village. !
Judge Robinson was to have gone TO
Maui last evening 10 hear case, but,
owing to the same having being post
1oned, he will defer his departure until
Tuesday.
Petition for rehearing, made by Anna
Sertz. has been denied by the Supreme
Court.
In the Federal court yesterday morn
ng Captain Porter of the S. S.
Mongolia was fined $3.50 having
beaded guilty, through his counsel,
. violation of the Federal law regard
ng accommodation for immigrants in
he steerage department. of his vessel
This is the same penalty as was inn
,osed on Captain Going of the S. 5.
america Maru when last in port. The
.ominal amount is due to the fact that
he companies have put their steamers
n order as required by law.
The libel of Alfred Soderman against
he bark Hawaiian Isles was thrown
ut of the Federal court yesterday
corning. Soderman sued for wages
nd damages for an assault. Judge
Dole remarked that the assault was SO,
Insignificant that the claim for main
enance and cure was too trivial to
merit consideration.