The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1906-10-06


taken an appeal by writ of error to
the Supreme Court of the United states
from the decision of the Supreme Court
of Hawaii, affirming the Ju lgment IF
the Circuit Court for $4,000 damages
and costs of court in favor of the Ter
rito ry of Hawaii and against them on
account of the loss of a dredge. Kin
ney, McClanahan & Derby, attorneys
for appellants, flea the appeal docu-
ments yesterday. They are as follows:
l. Petition for writ of error and
supersedeas from the Supreme Court of
the United States. This is addressed
to the Chief Justice.
2. Order allowing writ of error, etc,
signed by Chief Justice Frear.
8. Bond on writ of error in the sum
of So, 900 given by appellants-E. j.
Cotton, c. E. Cotton and James B.
Agassiz, copartners in the appellant
firm-with the United States Fidelity
& Guaranty Co. as surety, approved by
the Chief Justice.
4. Assignment of errors to tho Ha-
waiian Supreme Court, the list tf err
rors related being thirty-three.
s. Writ of error from the Supreme
Court of the United States to the SUI
preme Court of the Territory of Ha-
wall, in the name of the President of
the United States who greets tho Hon
orable Judges of the Supreme Court
of the Territory of Hawaii, as witness
ed by the Honorable Melville w. Fuller,
Chief Justice of the Supreme Court
of the United States, over the sigma
ture of Henry Smith, clerk of the Su-
preme Court of the Territory of Hawaii.
1t commands the judges to send the
record of the case to the Z. S. Su-
preme Court, so that they have it at
Washington within sixty days of the
date of the writ. Chief Justio, Frear
countersigns the writ as allot ing it.
6. Citation of the Territory OF Ha-
wall by W. F. Frear, Chief Justice of
the Supreme Court of the Territory, to
appear at the Supreme Court of the
United States at Washington, D. c.,
within sixty days from date to show
rendered against the plaintiffs should
tiee should not be done to the parties
in that behalf''
Attorney General Peters, who has
fought the Territory's case from the
beginning, may go to Washington to
see it out.
ITEMS.
John Ferreira Roza has petitioned
that he be appointed administrator of
the estate of Maria Roza Jesus, his late
mother-in-law. She died September l.,
1904, and her estate consists of real
estate at Kakaako and money in bank
of amount unknown to petitioner. A
married son, a married daughter and
a relative in Lisbon are the heirs-at-
law.
Judge Robinson decided in favor of
plaintiff in the suit OF Vim Searock VS..
HUI kwong ct al, awarding him pos
session of an undivided one-eighth in
terest of the premises described in the
complaint, together with 1857 dam
ages and his costs The money iudg-
ment amounts to $43.17.
w. c. Weldon by his attorneys, L.
A. Thurston and A. Perry, has entered
exceptions, in each of his damage suits
against c. W. Chaplin and wife re-
spectively, to Judge Robinson IS order
for commission to issue to the T. S.
consul at Bombay, India, to take the
testimonies of Elizabeth j. Chaplin and
A. H. Omstead.
oiiiui ois 70 the respective conn
plants of Thos. A. hay and Henry
Gumpfer against F. B. Within have
been set for hearing by Judge Robin
son at 10 a. m. today
Judge Lindsay denied the motion of
defendant, in the suit of R. c. A. Pet
erson VS.. E. S. Church. for leave to
file plea IN abatement A. S. Hum
phreys noted exceptions to the ruling.
Judge Robinson having fled decree
Diminishing the claims of Emma De Fries
and Sam kanoa to the estate of Mele
kunuiakea, deceased, w. C. Achi for
these claimants has entered an appeal
from the decree.