The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1908-01-03
FIGURES COSTS
At THOUSANDS

The motion of certain of the defend
ants in the Lowrie case to require the
plaintiff TO give security for costs, was
set by Judge Robinson yesterday for
Monday morning next at o'clock. The
setting of the time for hearing the
motion was not accomplished without
ing. 1t was accompanied by a motion
for further time in which to demur.
answer or otherwise plead. A. G NJ
Robertson for the plaintiff opposed the
granting OF any further time but Judge
Robinson thought that until and in
Guiding next Monday would not be an
unreasonable time.
The motion of d. l.. Wilmington on
behalf of certain of the defendants who
are not made parties by the amended
complaint. for judgment for costs on
their behalf of $4,000 was also set for
the same hour. The amount of the
costs is based on a Hawaiian statute
which gives the winning side in an
assumpsit suit certain percentage OF
the amount sued for as attorneys fees.
whether this is an assumpsit suit or
not.
The motion to require the plaintiff
to give security for costs is based on
the following affidavit by w. A. Kin
ney.
w. A. Kinney being first duly sworn
deposes and says that he has practic-
ed before the courts of this Territory
for about twenty-five years and has
gained sufficient practical knowledge
in the trial of cases to make a fore
cast of what the costs of court will
properly amount to in the above en-
titled cause if the same is tried upon
its merits in this court upon the COM
plant now on file herein, and in af-
fiant's judgment and opinion the costs
in question will not fall far short of
$4,000: affiant computing that the TAX
ing of dispositions herein will cost
about $1,000; that witnesses fees will
cost another $1,000, witnesses having
to come in large numbers from the is
land of Maui; that the other remain
ing costs of court will not be under
$500; and that besides the foregoing
a transcript of the stenographer's notes
of evidence will cost about $500.
Affiant further states that the plain
tiff is a nonresident of the Territory
and has been for a number of years;
and that affiant has no information or
knowledge of any property owned by
plaintiff in this Territory.
Affiant further states that in his
opinion if said cause is tried upon its
merits the number of witnesses that
will have to be called by defendants
will not fall far short of one hundred,
and that the trial thereof will consume
about sixty days; affiant in this con-
nection citing further the trial of the
proceedings had in this court FOR the
of the guardian of Annie T.
K. Parker, involving as it did the
question of the proper management of
the Parker ranch, took nearly sixty
days, and then only one side of the
controversy was presented, to wit, that
for the complainant, and in atlantis
opinion the issues presented in the
above entitled cause as to the dismiss
sal of plaintiff as manager of the
plantation of the Hawaiian CONNER
cial & Sugar Company, involve more
issues and will take longer
time to present than the Parker
Ranch proceedings above referred TO.
In explanation of the amount allow
ed by affiant for taking of dispositions,
affiant says that defendant will have
to take dispositions in Boston, New
York, Porto Rico and San Francisco
In order to secure a full and proper
of the defense.
The foregoing estimate of costs does
not include the question of attorneys
ices or commissions, but refers exclu-
sively to the costs of court proper, |
fees. dispositions and trans
script of evidence.
The motion is that security in the |
amount of $15, 600 be required.
ASKS ADMINISTRATION.
Gertrude Whitney Scanlon has petit 1
toned for letters of administration of |
The estate of her late father Captain
d. whitney. The estate con-
;ists of about $500 in cash>