The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1907-10-15
A FORENOON
Of ARGUMENT
w. J. L0Wrie's Suit Against the
Castles Getting Very
Interesting.

In the case of Lowrie VS.. Baldwin
and others. the whole forenoon yester-
day was occupied in the argument OF
the motion of the plaintiff to strike
from the files the affidavit of William
r. Castle in support of the defendant
motion to stay proceedings in this
case, on the ground that the affidavit
is scandalous and impertinent. While
Judge Robinson said it seemed to him
clear that parts of the affidavit We're
without elevancy to the matter at
issue, still so long as there were parts
of the affidavit that We're not, and
might aid the court in arriving at
correct judgment of the matter. he
would not strike out the whole affi-
davit, nor, on general motion to
strike out, would he strike out parts
of it. The case then went over until
this morning, when the plaintiff may
file motion to strike out parts of
the affidavit or may file counter affi-
davitS. The next motion in order to
be argued is the motion of the defend
ants to stay the proceedings in this
suit unless the plaintiff dismisses the
suit against the same parties, concern
ing the same subject matter, which
was commenced a year ago in Boston
and is still pending.
After that there is a motion of the
defendants for an order permitting in
spection of certain documents.
BEFORE LINDSAY.
Mage and Seyo, two japanese who
have appealed from a conviction and
sentence for assault with a deadly
weapon, were released yesterday by
Judge Lindsay on $1,000 bail each.
In the case of Har Hak Sac VS.. PAX
Lung Kwon, the motion of the
plaintiff, to require the defendant Yei
to file a bond to cover the amount
of the execution in the case, was
heard by Judge Lindsay and taken
under advisement.
IN PLACE OF BALLOU.
Judge De Bolt sat in the place of
JusticeBallou yesterday in the argu-
ment in the case of the Oahu Railway
and Land Company VS.. James Arm
strong, Ballou having been attorney in
the case for the railway.
LETTERS ISSUED.
Judge De Bolt yesterday issued let
tiers of administration to George Ward
on the estate of his brother, James
a son twenty-five, and three daugh-
ters, all younger, the youngest eleven.
APPEAL FILED.
The appeal from the decision and de- |
cree of the Court of Land Registra- |
ton on the petition of Levers & Cooke, |
for a registered title to property at
the corner of Queen and Punchbowl !
streets, has been filed.
APPEAL FROM MAUI.
A. Enos and ]. V. MacfeI, two of the
Executors under the will of Augustine
1nos, deceased, have appealed to the
supreme Court from an order of Judge
approving the accounts of T.
3. B. Lyons, another of the executors.
SUPREME COURT.
In the Supreme Court yesterday the
ase of the Oahu Railway & Land Com
any VS.. James Armstrong was argued
nd submitted. /
FINAL ACCOUNTS.
Judge De Bolt yesterday approved
ne final accounts of Esther K. Ruther- :
ord as Administrative of the estate of
gorge Nelson Rutherford and granted
err petition for discharge.
DEFAULT ENTERED.
Default was entered by Judge De Bolt
against the defendant in the i
ase of J. T. Warren doing business as
onoluIu Photo Supply Company v
sainst H. E. Wilson with the Terri c
rial Auditor as garnishee. t
DEMURRERS FILED. v
In the suit of Nishi Okla against the Il
onolulu Rapid Transit & Land Com
my for damages for personal injuries,
e defendant has filed a demurrer de-
airing that the complaint does not set y
1t in what particulars it was careless =
negligent, or what the negligence is
it'll which it is charged. A similar =
emurrer was filed in the case of Yoshi- =
OTTO VS.. The Rapid Transit Company. -
-s.$.s.- -