The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1906-10-27
SLIP
IN ANSWER
Brings Default Order
Against A. M.
Brown.

An order for judgment by default
was signed by Judge De Bolt yester-
dav in the suit of William Henry
aqainst Arthur NJ Brown 10 recover
the amount of a note for $1,000 and
interest at 10 per cent per annum,
made October 81, 1900.
The motion for judgment was made
by Magooa & Lightfoot, attorneys for
plaintiff, and based on an affidavit by
Henry Smith, Clerk Judicial Depart
ment. stating the fact of service and
adding:
1.That defendant has failed to file
an answer as required by the statute
in such case made and provided; and
further affiant sayeth not. :"
The attorneys put the matter IN
their motion thus:
EThat said defendant has failed to
file an answer herein as required by
section 1927 of the Revised Laws OF
Hawaii. -
AS matter of fact an answer on
behalf of defendant aid purport to have
| been made by his attorney, Geo. a.
Davis. under date of October y, Whlch
was fifteen days within the time re-
ouired by law, in these words:
And now comes Arthur NJ. Brown,
the defendant in the above entitled
action. and by his attorney, Geo. A.
Davis denies each and every allega-
ton in the plaintiffs complaint as al
legged and of this he puts himself up
| on the country
Section 1927 referred to by plain
tiff s attorneys in their motion for
default prescribes that it shall be in
| cumbent on every. defendant served
with process of summons to file an an
swer within the time specified IN the
| summons or order of publication, either
admitting or denyino the allegations,
etc. A proviso is added, however, re-
| curing among other things that de-
| PENDANT sued as maker OF promls-
sorry note shall not be allowed to hle
an answer unless he "shan file there
| with an affidavit made by himself or
| by some person cognizant of the facts,
on his behalf, that the defendant has
| a good defense to the action, on the
| merits, and stating some substantial
| ground of defense to the action, II
| such action be commenced within SIX
months after the dishonor of the in
| strument on which the action is
brought
1t is because this later provision
was not complied with in Browns an
swer that Henry's attorneys and the
| judiciary clerk declared that no legal
answer had been fled.
HEAVY DEFICIENCY.
| Judge De Bolt confirmed the report
| of Jas F. Morgan, commissioner OF
| sale in the foreclosure suit of E. d.
F. Wolter, trustee, VS.. Henry Vlelra,
| Senior The amount due on the mort
| gage debt, including interest, fees and
| expenses of foreclosure, was $64oI .o0
and the, amount realized from the sale
was $3.50. This left a balance of
| $39O7 80, which with court costs of $2S
added. is entered as a deficiency Judg-
ment against the respondent.
| The property sold was lot ON the
| northwest side of Nuuanu street, con-
tanning an area of 174O square feet,
and the purchaser was T. R. Moss
man, trustee.
TO REVOKE TRUST.
| Helen X. Wilder on October %
brought a suit against E. D. Tennet,
| trustee, to cancel a deed of trust dated
September 81, 1897, conveying to re-
| spondent 500 paid-up shares of the
l CdplGdl StoCh VI Iuc 1IobolO VI ~ -
| Wilder, Ltd. The instrument was wifi
| out consideration, as she alleges, and
had no power of revocation in 1t be-
cause she was unaware at the time
| that such was necessary to enable her
| to revoke the deed at will.
| At the time of making the deed she
was engaged to be married, but the
marriage never took place, and the
anticipated marriage was the only mo-
| tive and consideration for making the
| deed, and the ''motive exists no longer
| and the consideration has failed
| By the terms of the deed complain
! ant was to receive the net income of
| the Wilder estate stock for life, and
at her death one third of the stock
was to be delivered to her husband,
| if he survived, and the remainder to
| her children or the issue of any of
| them deceased.
| Respondent yesterday fled an an
swer admitting the allegations as to
| the delivery of the deed and, as to
other matters alleged in the bill, leav-
ing complainant to her proof.
| THE HILLS CASE.
Henry F. Highton, by leave of
Judge De Bolt, filed an amendment to
the complaint of Arei Nun Hills, by
her next friend. Alfred J. Hills, against
John Hills and w. j. Hills. 1t is to
| the effect that the next friend and the
| complainant are willing that, in the
| IN -rNHYsy aRrrrYwYr~