The Hawaiian gazette., 1908-08-18
NICE QUESTIONS
OF COST BILLS

vi UUul UlLLu
Judge De Bolt yesterday decided the
question of costs in the suit of w. j
Lowrie against II. p. Baldwin, J. b.
Castle and others. When the original
suit was brought in this jurisdiction
all the brothers and sisters of james
b. Castle were made defendants. In
an amended bill fled, several of these
were left out as parties. Later the
remaining defendants secured an order
that the plaintiff, being nonresident,
must give security for costs in the
proceeding. He failed to give the Sc.
curity required and the suit was dis.
missed. Each defendant then filed a
| separate bill of costs, claiming attof.
| ney's fees under the statute providing
attorneys fees of percentage of the
amount claimed, in assumpsit suits,
from the party against whom judg.
ment is rendered. In deciding the
case Judge DE Bolt said: "Plaintiif
contends that defendants are only EN-.
titled to costs as single party. This
| view commends itself to my judgment
and is supported by, reason and author.
ity."
That decided the matter as to
whether there should be one cost bill
for all the plaintiffs or a separate one
for each, which makes a difference in
this case of several hundred dollars.
Judge De Bolt then proceeded to
discuss the question of whether under
the statute the plaintiffs were entitled
to attorneys fees. He held that dis
missing a suit for failure to file bond
for costs was not a judgment in the
sense used in the statute, and there
fore the defendants are not entitled
to attorneys fees under the statute.
The cost bills presented were accord
ingly all dismissed without prejudice
| to one cost bill for all the defendants.
The questions involved may be
| taken to the Supreme Court for final
decision.
A BUNCH OF DIVORCES.
A bunch of divorces were granted
by Judge De Bolt yesterday. Lahela
Pulehu was given a divorce from Lono
Pulehu. She says they were married
many years ago and have had four
children, two of whom are living, one
% years of age and the other 81 years.
ed her and she has been obliged to
support herself and her children ever
since.
Sarah Lyman was given a divorce
| from Harry Lyman, who has failed to
| support her and her children for some
time, and she has been obliged to sup
port herself and the children, aided
by the Salvation Army.
Tamaiiro Saito was given a Divorce
from Tame Saito, on the ground of de-
sertion. ~
DIVORCE AND REMARRIAGE.
There was returned to the Office of
the Registrar of Vital Statistics yes.
terday the certificate of marriage of
the Honorable William X. Leleiwi and
Mrs. Ellen X. Bell. Hon, Leleiwi was
a member of the last legislature. He
and the woman he has now married
were recently arrested, charged with
violation of the Edmunds Act. A di
vorce in the case of each from the for
mer partner of their joys ana sorrows
opened the way for wedlock for these
two. They were married August g. al
Waikahalulu, Honolulu, by III. X. Poe
poe.
GAVE HOSTAGE TO FORTUNE.
Il
n warrant charging her and Joe Correa
with violation of the Edmunds Act, was
released by Commissioner Judd ON hel
own recognizance. She has given hos,
tage to fortune in the shape of three
children. one of them babe in arms
Correa is her sister IS husband.
" ~ - ~ " ~ ~ " ~ - " ~ ~ - " ~ -
j. Dyer, II. f. Leland, Mrs. Leland
II. Z. Bond, Mrs ]. R. Pearce and in
FAINT, Mrs. R. Laing, Geo. Beckley, Jr.
r. Lishman, c, H. Young, j. Sakai,
Rev. Y. Kimura, Mrs Kimura, Master
Kimura, Ensign Lewis, Mrs. Geo. Da
vies, Mrs. H. Macfarlane, L. E. Steere
Mrs. Steere, w. Walker, DR.. Lang
horne, Mrs. I4anghorne, R. j. Forster
Mrs. Forster, Miss A. Macfarlane, Geo
Fairchild, Mrs. Fairchild, Miss Sar
gent, DR.. H. V. Murray, Mrs. H. v
Murray, H. Castle, R. W. Single
James A. Wilder, Mrs. w. Thompson
Geo. Denison, w. v. Thatcher, T. 8
Kay, F. " Gibson, F. w. Pease, Mrs
]. Kahawai and infant, r. w. Atkin
son, Mrs. R. Atkinson, Mrs. Schultz, II
NJ. Church, H. H. Perry, s. d. Moses
r. johnson, ]. N. Densham, l.. Lewton
Brain, f. II. Lewis, M. Kankimahu
Sister Helent, Miss j. Lee, Miss Nj
Lee Ten Heng, j. X. Aea, j. Kalaio
Miss d. Zerbe, Mrs. Zerbe, Miss l.
Herbe, Miss G. Zerbe, Miss f. Zerbe
Master p. Burns, Master G. Sims, w
Matushita, f. Kaai, d. Kaiwi, D. Ma
kaena, VIM. Holokahiki, s. Manu-,
Kamakani.
Per p. NJ. S. S. Siberia, August II
from San Francisco.--For Honolulu
Mrs. p. Andrews and two children
. Miss Mabel f. Bosher, C. c. Boylan
Mrs. c. G. Boylan, NJ. Brasch, Mrs. N
, Brasch, Charley Brown, Mrs. II. {
Bryant, Miss Louise Bullock, ID. N
> Callahan, Miss A. Cleveland, n. f
Cochran, Mrs. n. P. Cochran, Mr.
Helen Currie, Miss j. NJ. Dewar, Mis-
Josephine Estill, w. l.. Fletcher, j.
Freeman, Mrs. j. d. Freeman, Hem
French, Mrs. S. d. Freshman, A.
i, Frush, Mrs. A. C. Frush, j. Carols
}. Mrs J. Garcia, infant and nurse; Mr.
r. II. II. Garstin, Dalton V. Carstin, ID
NJ l.. Grossman, Mrs. NJ. u. Gros