The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1908-05-13
EVA APPEAL MAY
NOT BE ALLOWED
Question Raised by Hemenway
Whether $4,000 Is
involved.

The Eva tax appeal case which the
ing to take to the Supreme Court of
the United States was before the Su-
preme Court of the Territory and later
before the Chief Justice yesterday
morning H. E. Cooper, for the plan
tation, asked f"r a certificate of find
ings of fact on appeal Attorney Gem
eral Hemenway objected that as yet
no appeal had been allowed, and there
fore the request for findings of fac-
was premature. The court took this
view of it. Later, Mr.. Cooper fileI a
motion for an appeal to be allowed
Attorney General Hemenway objected
on the ground that the amount in
volved was not $4,000 or over, bur sim
ply the two per cent. income tax IN
$500, which is the estimated amount
of depreciation. Mr.. Cooper insisted
that the whole amount of taxes LAS
involved, but the Attorney General
pointed out that by its own return
the plantation had admitted its la
biIity for all other amounts except
that The Chief Justice seemed TO
agree with the Attorney, General.
There will be farther argument.
SUMMARY POSSESSION.
The Supreme Court yesterday rem
dered an opinion in the suit of John F.
Colburn, trustee under the will of
Robert William Holt, against George
Ii. Holt and others. The suit was be-
gun by Colburn, claiming to own an
undivided two-thirds interest in GER
L.
lessees of an undivided one-third inter
est in the same land The District
Court decided against the plaintiff, and
the Supreme Court affirms the decision,
holding that an action for summary
possession against lessee cannot be
brought by one owning an undivided
thirds interest of the lessor with
out alleging at least that the lessee is
not entitled to the other one-third.
TO SERVE GUY LIVINGSTON.
Process in the divorce proceeding of
Mrs. Guy Livingston against Guy Liv-
ingston for divorce goes by the Ala
media this morning for service on the
defendant, who is in San Francisco.
The process goes to Chief of Police
Buggy.
DIVORCE ASKED.
Cecilia NJ. Sylvia has asked the Cir
cult Court for divorce from NJ. Sylvia.
The libel was filed yesterday.
SINGLE AS GUARDIAN.
Judge Lindsay yesterday appointed
r. W. Shingle guardian of the person
and property of Samuel G. Wight. He
gave bond in the sum of $500, with A.
n. Campbell as surety.
MILLS DISCONTINUES.
In the suit of Harry T. Mills VS.. John
Francisco Deas, and Territorial Hotel
Company as garnishee, the plaintiff yesai
terday discontinued.
HANAWAKE'S CASE.
In the suit of Frank j. Kruger VS..
David Kawananakoa, with the Kapio-
lani estate as garnishee, it was stipu-
lated yesterday that the case might be
tried by the court, jury waived, either
in vacation or at term, on June 10.
TRIAL FOR LARCENY.
The trial of Harry Lyman, charged |
with the larceny of four brass water
valves from the Territory, was on be- |
fore Judge Robinson and the following !
jury yesterday: Thomas Mclean, John |
IdHh OOuIICN. COnI ~ 6uI-
Ivan, Fred. Turrill, John Padakin, Jr., |
William A. Hall, Benjamin Summers,
David f. Motley, Charles J. Osborn,
Jacob Ordenstein, and Edwin Benner.
The jury found him guilty, and he was
sentenced to thirty days in Jail and to
pay the costs OF court.
ASKS A NONSUIT.
The entire day yesterday in the suit
of w. W. Bierce Company VS.. c. J.
Hutchins and others was occupied with
the defendants motion for nonsuit.
THE PARIS TRIAL.
The trial of John Paris for illicit
liquor making on Kauai continued ali
day yesterday before Judge Dole. 1t
will be followed by the trial of Moses
Koki for erhbezzlement of postoffice
finds