The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1906-05-18
FOUR CASES
ARE DECIDED
Tanks We're Fixtures---
Love Case.--Habeas
Corpus, Etc.

Justice Hartwell writes the unani-
nous opinion of the Supreme Court af-
firming the judgment of the District
Magistrate of North Kona in the suit
of J. A. Mcguire VS.. Frank Comes and
Jose Henriaues. Plaintiff sued for 1925,
the value of two water tanks at the
time (1S93) he put them on land which
he thought was his own but which was
government land included in a lease he
obtained in 1894, expiring with a year IS
extension July "a, 1905. At the end of
the term the defendants took posses
sion of the premises under a govern
years, finding the house and tanks upon
the premises. In the following Sep
TENDER the plaintiff made demand upon
the defendants for the tanks, offering
to remove them. The defendants re-
fused to comply with the demand and,
on being sued for the value of the
istrate in their refusal.
Circumstances other than those above
stated are found in the syllabus of
opinion given below, and the attorneys
were G. T. Maydwell for plaintiff and
H. T. Mills for defendants:
S'Water tanks resting on posts and
connected with cutters upon the roof
of house by spouts or pipes nailed to
them are not removable by a tenant
under lease for a stated term after
the expiration of the term, the prem
ises meanwhile having been leased to
the defendants, the plaintiffs lease
containing a covenant to yield up the
premises at the end of the term with
all erections, buildings and improve.
ments placed upon the same
LOVE CASE FEE
Justice Wilder is author of a unani-
nous decision of the Supreme Court
against the contention of James Love
that a certain attorneys fee should
have been paid out of the principal and
not the income of his estate. Ell. E.
was attorney for Love, and A.
G. NJ Robertson for the trustee.
tsUnder a trust deed authorizing a
trustee to pay all charges and ex-
penses connected with the property con-
veyed, and directing it to pay the net
income to L. for life, remainder to L.,
Jr. and H., an order allowing the trus-
tee to deduct out of the income an at |
torney's fee of 500 for services in con-
nection with an application by L. for
an allowance of 5000 in addition to the |
net income, L. admitting that the fee is !
not unreasonable and that the trustee |
should not be required to pay the fee |
put of it's own funds, is affirmed.
The case was an appeal from Judge |
De Bolt, whom the decision sustains.
HABEAS CORPUS.
Chief Justice Frear is author of a
unanimous opinion of the Supreme
court, which dismisses an appeal from
Judge Matthewman at Kailua in the
natter of the application of Akamu for
! writ of habeas corpus. FL. I. Mills
or petitioner; M. F. Prosser, Deputy
Attorney General, for respondent. The
yllabus reads thus:
'fThe want of warrant, if one were
equired in making an arrest would not
leprive the trial court of jurisdiction
o as to make its sentence void, and
he prisoner after sentence is held I'M
Ter it and not under the original arrest
nd therefore is not entitled to dis
barge on habeas corpus.
1.-The improper inclusion of hard
ahor' in a sentence or mittimus which
irects Imprisonment upon failure to
ay fine does not make the sentence
r mittimus void so as to entitle the
risonera to a discharge on habeas
orpus. -
Akamu was imprisoned upon his fail |
re to pay fine of $40 and costs I'M