The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1907-03-12
POINTS LOST
IN BOTH SIDES
Counsel Fees Cut Out---Pea-
cock v. ROthWelI Trial
Suspended.

| Justice FTedr Is the duLnOr OF d
unanimous opinion of the Supreme
| Court in the case of H. G. Middle
ditch, trustee in bankruptcy of Chas.
| F. Herrick Carriage Co, Ltd, V. Jonah
Kalanianaole and Kapiolani Estate,
| Ltd The decree appealed from by
| plaintiff is affirmed as to the dismissal
of the bill with costs and reversed as
| to the allowance of counsel fees as
damages under the injunction bond.
In the decree $50 each was allowed on
account of the two defendants. The
appellate court says the Kapiolani Es
tate had no interest in having the in
junction dissolved, as it was not hurt
ing it. A. S. Humphreys for plaintiff,
c. w. Ashford for defendants. The
law of the case is thus set forth:
1T seems that a judgment at law
and return of execution unsatished
should ordinarily be shown in order to
sustain a creditors bill under our
statute as well as under the general
rules Of equity although not under the
Massachusetts statute from which ours
was taken, but, if not, it is necessary
to show at least that the defendant
has not property within the Territory
liable to execution out of which the
debt may be satisfied
Counsel fees unreasonably incurred
to obtain a dissolution of an injunction
should not be allowed as damages I'M
der the injunction bond"
SICK JUROR DELAYS TRIAL.
Owing to the illness Of Juror Mac
farlane, the trial of w. c. Peacock's
$25, 900 damage suit against John G.
Rothwel was suspended yesterday I'M
til Thursday before Judge De Bolt.
To keep the jurors at work the court
called the quieting title case of Pc
kelo Kapamanu v. John Hao up for
trial. C. FL. Dickey appeared for plain
tiff, and G. f. Clemens for defendant.
The jury consists of Jonathan Shaw,
W. E. Tyrrell, David Hurst, st. C.
Sayres, Thos. Kennedy, L. K. Sheldon,
Jas. Arcia, John Duncan, NJ. F. Cum
r. w. Cathcart, r. w. Pod |
more and F. J. Turner.
DIVORCE DENIED
Judge Robinson denied the divorce
sought by Chan All Fun from Max |
Yam Kui, as the wife's charges of ex-
treme cruelty lacked proof. 2. L. |
Weaver for lihelant, A. S. Humphreys |
for libelee.
MUST STAND TRIAL.
Judge Robinson overruled the de-
in the cases of r. w. Condor,
assaulting police officer, and K. Kat
suga, selling liquor to a minor. The
defendants will have to stand trial.
NOTICE TO ATTORNEYS.
The following criminal cases appear
ng cn the January term calendar
nave been set for trial, Or other dis
position, before the Honorable W. J.
md in the order below specified, 10 a.
n. being the hour set throughout:
Wednesday, March 10: Territory V.
Ali Kwong and SO others, Territory V.
durata, Territory v. MIN Yin, Terri
DRY V. Lee Chuck, Territory V. All
Sal, Territory V. All Choy.
Thursday, March IA: Territory V.
Tacintho Miguel, Territory V. George
Markham, Territory V. Maruta, Ter
itory V. All Chong, Territory V. Chan
Tau.
Monday, March Is: Territory v.
,han Gin and others, Territory V.
Iuraoka, Territory V. Kusano, Terri
Dry " r. w. Condor, Territory V.
Iiyasaka and Tama, Territory V. K.
atuga
Tuesday, March 10: Territory v.
hin Wan, Territory V. Nakashima,
'erritory V. Iwaki Territory v. Alfred
'reitas, Territory v. Alfred Freitas,
'erritory V. Alfred Freitas, Territory
:. Joseph Z. Clark.
Wednesday, March 20: Territory V.
'ong Kee.
. A | r