The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1906-03-13

MED by Judge Lindsay, who held that
he had no jurisdiction while the decree
wac pending an appeal to the Supreme
Court
OBJECTION TO SUIT.
The next move was that of a special
appearance of defendant and objection
to authoritysto sue" in the injunction
suit of w. c. Peacock & Co, Ltd. VS..
Walter C. Peacock. Defendant OBJ
jected to the further entertainment by
the court of the suit. for cause of OBJ
lection alleging that the corporation
had not brought or filed, or authorized
or ratified the bringing or filing of the
suit. Further he alleged that the at
tOrneys appearing of record in sup
port of the bill-Ballou & Marx and At
kinson. Judd & Mott-Smith-had not
been, and were not then, authorized
to bring the suit by the corporation.
On the advice of bis counsel, defend
ant says that on March 10. 1906, and
at all times since July 81, 1899, the
board of directors of the corporation
consisted of Walter C. Peacock, John
dore F. Lansing and Andrew Brown.
elected and acting president, and that
CARVE, by whom the bill
of complaint is signed in 1.-The pretend
ed and assumed capacity of president"
was not on March 10, never has been
and is not now the president or a
director of the corporation.
Finally he says that the legally au-
Lhorized board of directors disapproves
Of the suit, and disapproves of the
-pretence and assumption of the at
tOrneys above-named to act for the
in bringing the suit.
After some argument the motion was
continued for further hearing to
Thursday morning.
PROBATE MATTERS.
Kong Yin Tet, administrator of the
lis final account with a petition for
discharge. He charges himself with
1925 and asks to be allowed the same
mount. There are approved claims
mounting to about $500 against the
state, of which $1,000 represents the
principal of a note secured by mort
rage on real estate.
Mrs. Ida M. Johnson and her two
minor sons, David L. and William M. |
ign a consent to the appointment of
'ecil Brown as guardian of the
minors property.
AN OLD CONTEST.
In the case of Joseph Q. Carter VS..
Soolau Male and others. action on |
Judgment, the three Kaikainahaole |
minors move to vacate the service of |
he bat IL
made upon Koolau Male as their |
ad litem instead of Koolau |
as their statutory |
It is the same person, but |
married. to a second husband, and |
1other of the minors. The judgment |
yas in ejectn1ent after a legal contest |
asting several years, and now it |
7ould appear a fight upon the judg-
lent has started.
WHY NOT SERVED.
Execution for s773s7 in the suit of
elani (w) VS.. Punohu alias Punohu
Iuir is returned by William Henry
Ugh Sheriff, as unserved because the
laintiff, through her attorney w. c.
chi. failed to furnish that official
18th an indemnity bond upon request
D TO do.
APPEALS
An appeal has been taken to the
ircuit Court, jury being waived, by
efendant in the suit of All 10y VS..
ylvano Nobrega. Plaintiff sued for |
so damages for Strawberries destroy
/ by cattle and Judge Whitney gave
i'm Judgment for s57 and costs.
Defendant in the assumpsit suit of
w. McChesney & Sons, Ltd, VS..
Yong Kwai appeals, waving jury,
ON Judgment of Honolulu District
curt for plaintiff for $3.50.