The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1908-01-03
FIGURES COSTS
At THOUSANDS
w. A. Kinney Makes an Esti-
mate in the L0Wrie
Case.

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 9 o'clock. The
setting of the time for hearing the
motion was not accomplished without
considerable argument and cross-fir-
| 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 ID. 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 baseS on "a Hawaiian statute
which gives the winning side in an
assumpsit suit a certain percentage of
the amount sued for as attorneys fees.
This motion raises the question of
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 practice
Eafn ha ,pfc Of
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 lin this court upon the COM
plant now on file herein, and in af-
fant'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
Aff1ant further states that the plain
tiff is nonresident of the Territory |
and has been for number of years; |
and that afiant 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 it's |
merits the number of witnesses that /
hax 70 he hxT do Mt
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 |
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
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
complex issues and will take a longer
time to present than the Parker
In explanation of the amount allow
I'd by affiant for taking of depositions
lffiant says that defendant will have
% take dispositions in Boston, New
York, Porto Rico and San Francisco
n order to secure a full and proper
of the defense.
The foregoing estimate of costs does
Tot include the question of attorneys
ees or commissions. but refers exclu-
ively to the costs of court proper,
witness fees. dispositions and trans-
cript of evidence.
The motion is that security in the
mount of SIS. 600 be required.
ASKS ADMINISTRATION
Gertrude Whitney Scanlon has petit
Toned for letters of administration of
he estate of her late father Captain
3eniamin d. Whitnev The estate con
lists of about 1860 in cash