The Hawaiian gazette., 1908-02-11
SUPREME COURT
DECIDES CASES

\ UnSStftioO> opinion OF the SUI
prsuss Court. written BY Chief Jus.
ties Hsrsvell. sfsrsns the decree of
Judse Parsons OF the Fourth Circuit
Coar, in tie case OF Emilia vieira
oltveira against Maria vieira silva
and Antoine Joaquin Silva, Carl 5,
>ruish Appeared for plaintiff. and c.
Il, Olson for defendant
The decree thus affirmed required
the defendants 20 convey certain land
70 the plaintiff and aatudged tina, the
plstnSi0 receive from the defendants
the sum Of sSsSt-ss with costs 1t
Was suit on s. contract 70 convey
hand On certain conditions and 70 give
the plSinttf free access to the land
and the right 70 its products. The
claim sued was for the income from
the Lands and interest thereon, Fol-
lowing is the syllabus OF opinion:
"A judge is not disqualified in
case by having sratuitously advised
the defendants agent that he was
doubtful whether the defendants were
liable 70 the plaintiff on their bond
given 70 her by them for deed the
agent saying that the plStutiS had
not performed her part OF the sgrss-
usnt-
General appearances made for the
defendants by attorneys engaged by
their attorney in fact authorized 10
do and transact sill and every kind
OF business OF what nature and kind
Sosvsr.' upon whom. in the absence
Of the defendants from the Terri
tory. service had been made. is a
waiver OF any objection TO the SER
vice. IN the absence OF evidence that
the defendants did not rstify or sc
quisscs in the engagement Of their
attorneys the proceedings will not be
vacated on the ground OF their IN
authorized appearances
The bill as amended shows an en-
forcIols contract. and not merely an
unaccspced offer, by averrins Sn
agreement between the parties where
by the defendants should purchase
certain land and hold it as the prop
srry OF the plaintiff and defendants
jointly using the profits for cultivating
it towards payment OF the purchase
money and should convey the land TO
the plaintiff for $40. OF which sum
500 was paid and the balance tender (
81 and refused on the ground that /
the defendants had in their possession /
money OF the PLAINTIFF sufficient 70 pay
the same
sDA-i D.s.i 7
given TO the pIaintiI by the defend 4
ants, requiring them 10 pay her $50 4
II they should not by = certain date
convey certain land 10 her on her
70 them OF $40. is sufficient 4
Of an agreement 10 COM
ply with the statute cf frauds and
: supported by certain letters Of the
DEFENDANTS evidently referring 70 the
I Agreement
ORAL DECISIONS.
By IN oral decision the Supreme
Court denied DEFENDANTS petition for
: rshsaring Of w W Biercs- Ltd Y.
Clinton J. Hurchius- A G. N Robert
son for plaintiff: Castle & Wilmington
an: J w Cathcart for defendant
TIE Supreme Court orally granted
he motion OF plaintiffs 20 dismiss the
appeal in the case OF Ellen AIbertinA
trustee. 81 al = D ka-
-azauzk1a st 81 E C Peters for
5Iaiatffs- c. W. Ashford for defend
z1tS
MOVING PICTURE CASE
Treasurer 4 !. Caupbeu's appeal
- p &
.strare Andrade-s Judgment in favor
II Stuart TAFT moving picture
si1oEusAn- for the recovery OF license
Tee OF s. and costs claimed ID have
been UnIawfuIIy sxacted by the Treas
-rer- has gone Up % the Supreme
Court The main point Is whether the
word -perf0rmal,s- in the CIV
mans 0uz coupIsted exhibition OF
he moving picture show OF whether IT
Includes al OF any number OF such
exhibitions which 4 person i entitled
70 vi=u for one admission fee II IS
ssIse,f- finally. EhstHsr the license fee
= s. for each performance IS reason
sbI=-
In the statement Of facts below II
vas sII1Eu that the Treasurer had
permitted the following shows 70 Be
given without payment Of the license
So Moving pictures OF Gaus-NsIson
ighL also Of NeIsaa-Britt fight.
Poultry shows Dag shows Daily
nj nightly animal exhibitions AZ the
zoo Displays paintings.
and posrsrs'by the Eil1-
ana Art League Satinz rink
HEARINGS, ETC
Territory Z. sing Tuzn and Territory
? L L McCzzGIsss and James Aru-f
tru1g EErs argued and submitted
9th befug appeals from Honolulu
district Court
By stipulation q ztt5-usFs- the de-
IN tie L0Eris {AlG.61G suit
r. allowed thirty days 70 EIs briefs
I the reserved questions II the Su-
rsuz C1Zrt-
II vas 0riErei EssrsrlzF bT the
-preaz Court that al cases remain
Z N the February calendar nj al
=adT set stand ever until ttz first z
I1nEzy II March, with The rights q ]
l. parties 0u bolh sides El0 wish tof
ave thzfr cases heard this month %
ring tie uactzrz % rhz attention q
i CUT vhzn they vii u heard
wALLACH EEPo2TS
WaIaeE cane out 0f RS retirement