The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1907-02-16

Ballou & Marx for plaintiff give no
tice to A. G. NJ. Robertson for defend
ant that on Monday at $50 a. m. they
Will move to have a decree and per-
petual injunction entered in the suit of
Oahu Railway & Land Co. against
James Armstrong. The form of decree
they submit makes the injunction as
follows:
Now therefore it is ordered, ad-
Judged and decreed that James Arm
strong, defendant herein, his servants
and agents, be and they are hereby
strictly enjoined under penalty Of be-
ing adjudged in contempt of court,
from maintaining that certain pipe line
laid across Lehua avenue, Pearl City.
Island of Oahu, Territory OF Hawaii, at
a point N. 120 So W., distant lilo feet
more or less from the northerly line
of Palm avenue, so far as the same is
within the limits of the land of COM
plainant, known as Lehua avenue. and
from carrying water across said land
of the complainant known as Lehua
avenue through said pipe"
According to the Supreme Court de-
cision remanding the case to Judge
Robinson, the deed from Oahu Rail-
way Co. to Armstrong gave him the
right to take water across Lehua ave-
nue., but by means subject to the ap-
prevail of the company. 1t was found
that Armstrong had not got the ap-
prevail of the company for the kind of
watercourse he adopted, as even If evil
dence that the company's superin-
tendent had orally given his consent
We're accepted the superintendent had
no authority in the matter.
DAMAGE SUIT.
James H. Cummings suit against the
Pioneer Building & Loan Association
for $500 damages was on trial before
Judge Lindsay yesterday. w. L. STAN
ley appeared for plaintiff. and A G. NJ.
Robertson for defendant. Most of the
afternoon was spent in waiting for a
witess, who came along at 3:45 just as
the court was going to adjourn. The
witness is prominent dairynan and
it was suggested in the corridor that
the cows had not come home at milk
ing time.
HEAVY CLAIM.
Honolulu Soap Works Co.. Ltd, by
its president, Cecil Brown, has brought
suit against Jesse NJ. McChesney for
$10,393.S6 alleged to be due from de-
PENDANT as treasurer of the company.
& Clemens are attorneys for
plaintiff
CUMMINS ESTATE.
The Hawaiian Trust Co., Ltd, has
rendered its second annual account as
trustee of the estate of Thomas Cum
Minis. 1t shows a principal of $3S, 060, |
Of which all but $3.50 is invested. The |
years income was s4496, of which 49, |
,40.62 was distributed in equal shares |
to the three heirs-E. K. Fairchild, |
Maria K. King and L. K. Schmidt.
COURT ITEMS.
w. c. Achi for defendant files a mo-
ton for new trial in the case of The |
Oowsett Co., Ltd, v. r. L. Gilliland.
The same attorney files similar mo-
ion in the case of H. T. Mills v Enoch
Johnson and Jonah Kuma1ae.
Lyle A. Dickey has filed a second
bill for partition against
he heirs. etc, of the late W. H. Cum
nings. This supplement is to bring in
Nakuaua Kaluiamaui and Tong Kau as
possible claimants.
Judge Lindsay denied the motion of
Tai Y'ck. convicted of selling rotten
for a new trial
Thompson & Clemens for pIaintifr
will present motion on Monday at
a. m. before Judge De Bolt to set for
rial the assumpsit. suit Of Hawaiian
hardware Co., Ltd, " Koolau Kaikai-
lahaole with Allen & Robinson, Ltd,
,arnishee.
1t is stipulated, in the injunction suit
# Clinton w. Crandell ". Edward R.
Saith, that respondent have ten days
more in which to plead.
j. Alfred Magoon sues A. J. Camp
ell, administrator of Lavinia Kapu's
state, for 1925 balance due on a note
nade by decedent on June 5, 1900, to I
ohm Emmeluth for $500 at per cent.
interest.