The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1908-03-28
THE MAUI LOAN
CASE SUBMITTED
HackfeId Demurrer to $4,000
Observation-Disclosures
Gray Divorce.

The legality of the County of Maui's
proposed $4,000 loan was argued and
submitted in the Supreme Court yes
| terday. Abram Lewis Jr. appeared fol-
| taxpayer who is plaintiff in the test
| case, and j. L. Coke for the Board of
| Supervisors. C. r.. Hemenway, Attor-
ney General, watched the case for the
Territory but did not participate in
the argument.
| This case is of interest to all the
counties, as others besides Maui may
want to go into the money market for
means to provide permanent improve
| ments. It involves whether there is
general law now to permit counties to
incur bonded Indebtedness. and next
whether or not the Maui loan legisla-
ton and the Presidents approval of
the loan are in legal shape.
MUST INCLUDE PARTNER.
A decision of the Supreme Court was
from District Magistrate And1ade in
the suit of Joaquin Silva, doing busi-
ness under the firm name and style Of
j. Silva & Co., against Antopio Joa-
quin de Freitas, defendant, and Port
uguese Mutual Benefit Society of Ha-
| wall, garnishee. The Judgment APP
pealed from is vacated and the cause
is remanded with liberty to the plain
tiff to amend if he wishes to do SO
by joining Coito, his former partner
in the firm, pursuant to the appellate
courts opinion filed on February 2S.
In the court below. Coito was joined
without the consent of plaintiff after
the case came to trial and judgment
was given accordingly for both Silva
and Coito as plaintiffs. Silva did not
want this, but now he has to proceed
with Coito or let the case go.
THE HACKFELD DEFENSE.
H. Hackfeld & Co., Ltd, by it's at
torney, H. E. Cooper, has entered a
demurrer to the complaint of Edward
Campbell, who claims $4,000 damages
for personal injury. 1t is set forth:
That the complaint shows that the
approximate cause of the alleged in
jury was the negligence of a fellow
servant. That 1t shows that the plain
tiff directly contributed to the alleged
injury by his own negligence. That it
shows that the work in which he had
been engaged was finished and that his
duty was ended, and that he was at
most volunteer at the time the al
legged injury occurred, and that he was
not at the time in the, employ of the
defendant. That the petition fails to
allege that plaintiff was in the per-
Torrance of any duty required of him
by the defendant, or that the work in
which he was employed required him
to be in the place where he was at
the time the alleged injury occurred.
KAMAI GETS LAND.
Judge Lindsay has signed a decree
in the reopened partition suit of Lyle
A. Dickey against William c. Cum
mings and others. 1t is shown that
Kamai, after the death of w. H. Cum
mings. completed the purchase of a
lot of land at Kamoiliili, so by 100 feet,
by paying the balance due on the
agreed purchase price to Cecil Brown,
administrator. 1t is decreed that Ka-
mai is the owner of abe lot mentioned,
which he now occupies, together with
the houses thereon, and that John
Marcallino is commissioned and order
ed to execute and deliver to Kamai a
deed conveying to him and to his heirs
and assigns forever, in fee simple, the
lot of land described in the decree.
KAPIOLANI ESTATE STOCK.
Judge Lindsay has ordered High
Sheriff Henry to sell at public auction
che -
piolani Estate, Ltd, to satisfy judg-
ment against David Kawananakoa, the
Kapiolani Estate and E. A. C. Long,
trustee. in favor of H. G. Middleditch,
trustee in bankruptcy of the 'Chas. F.
Herrick Carriage Co., Ltd, for $7S665,
with interest at per cent. from Now
enlber IA, 1904.
PROBATE MATTERS.
Ho Lum petitions that Edward w.
Thwing be appointed guardian Of her
two minor children, Ho All Leen and
Ho All Quai.
Judge Lindsay appointed Chock War
Sen as temporary administrator of the
estate of Chock You Sen, alias Chock
You Sin, under S2500 bond.
DIVORCE GRANTED.
Lavancha NJ. Gray was granted d.
vorce from Charles B. Gray by Judge
Lindsay yesterday on various grounds.
F. E. Thompson appeared for COM
plainant, and ]. H. White for respond
ent
H. Yamaguchi sues his wife, Chiyo !
Yamaguchi, for divorce on the ground |
of elopment with another japanese. !
Summons has been returned unserved, !
as the truant wife could not be found |
COURT ITEMS.
Until and including March 81 is CIV
en- to the parties in the Burns-Afong |
case to file interrogatories, cross in |
terrogatories and redirect interroga-
tories to ]. j. Dunno, San Francisco, !
and until the filing of such redirect
interrogatories. but not less than three
days from March &c, Bessie R. Burns |
may file a general replication to the
answers and plea to her supplemental
bill.
Albert F. Judd is substituted as a
party plaintiff for A. w Carter, whom
he has succeeded as trustee. in the
ejectment suit of the Bernice P. BIZ
shop trustees against w. r. Castle, Gin
Jan and Lee Wa Chung.