The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1907-09-11
LONG STANDING
CASES CLOSED
Supreme Court Hands Down
Decisions in Three Cases
and Ends Litigation.


handed down yesterday, all dealin:
with suits of long standing in the Ter
ritoriaI courts.
In the matter of the estate of LAWNS
Kapu. deceased, ON appeal from Cir
cult Judge, First Circuit, the opinion
of the Court by Justice Wilder is that
estate is insolvent holds security fol-
his claims, and after his claim is pre-
scented disposes of the security, the sun
realized operates as a partial payment
to reduce the claim pro tanto, and he
| is thereafter entitled to dividends only
on the amount remaining due on the
| claim.
The Waia!ua Agricultural Company
| held a mortgage on real estate against
| the estate, fOTeclosing and realizing
| $4,000. The estate proved insolvent,
| paying only fourteen per cent of the
| claims against it. The holders of the
| mortgage claimed, however, to be en-
titled to the full amount of the I'M
satisfied balance of their claim. The
Circuit Judge ruled against this claim
and the ruling was sustained. Castle
& Wilmington for WaIalua Agricultural
Co.; 2. L. Weaver, for the admins
traitor.
In w. w. Bierce, Ltd, versus Clinton
J. Hutchins, trustee, the opinion writ
ten by Justice Ballou sustained the
defendant IS exceptions. Upon a de-
cisive point having been reversed by
the Supreme Court of the United
States, the defendant is entitled to a
consideration of the other points pre-
scented by his exceptions, so far as
they are not concluded by the opinion
of the Supreme Court
An oral suggestion that Justice Bal
lou was disqualified to sit in the case
because of his former connection with
the firm of Kinney, Ballou & McClana-
han, attorneys for the plaintiff, was
overruled
A. G. NJ. Robertson for plaintiff, D.
L. Wilmington and j. W. Cathcart for
defendant.
In the claim of Hoopii Wire (w)
against the Waialua Agricultural Co.
ct al, the decision was against the
plaintiff. Her contention was that
through the children of one Kopaea her
claim to certain lands was valid. Kopaea
was disseized in 1882, the statute of
limitations then beginning to run
against her, but the heirs being minors
it was claimed that no child was barred
until five years after becoming twenty
years of age. This was overruled.
1.-THE statute clearly shows that once
it begins to run against a person it
is not suspended or interrupted dur
ing subsequent disability of his
heirs
w. Z. Achi for plaintiff, L. j. War
rem and c. F. Peterson for defendants
were not called upon.
SUES S. NJ. DAMON FOR DAMAGES.
Virginia Perry has begun action in
the Circuit Court against s. M. Damon |
for damages to the amount of $2559, for |
injuries received and subsequent wor
ry and suffering as a result of driv
ing accident on March l, last. The |
plaintiff is the wIfe of Antoine L. |
Perry.
In the complaint it is stated that
owing to the negligence of a servant |
of the defendant a horse and dump |
cart colllded with a buggy being driven |
by the plaintiff. In the upset, the |
plaintiff was thrown out and injured, |
the injuries received by her resulting |
IN great worry due to fear for an
unborn child, which was born three
months afterwards with a hernia.
The amount claimed is made up of |
bills of expense for medical services
and other help for $50, and for $500 |
for injury in minu and body
Thompson & Clemens appear as at
rOrneVS for the Dlaintiff
COURT NOTES.
Sarah Kaiawe has filed suit for
divorce against Kaihenui Kaiawe on
the grounds of desertiOn. The marriage
took place in Honolulu in 1901.
J. Lor Wallach pleads the general
issue in his answer to the garnishee
brought against him by
Thompson 4 Clemens for the payment
Of legal fees for his defense in per-
Jury case.
Marion Myhre has begun action for
iivorce against George c. Myhre for
The plaintiff is now in
california, where, she states in her
she is destitute and living
IN the bounty of her friends. Her hus-
band will not send her money to re-
urn to him nor to support her three
children.
The petition of f. V. Dunn, in bank
'uptcy, was granted yesterday by
fudge Dole.