The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1908-09-16
FINAL DECREE IN
THE AFONG CASE
Has Been Agreed to by All
Parties Except as
to Costs.

\ final decree in the Along case ha,
been drafted and agreed on between
the parties and is under consideration
by Judge Lindsay. The only thing left
unsettled is the matter of the taxing
of the costs. This viii come up for
settlement today. "
1t is understood that there will be
no appeal from Judge Lindsay's de-
cree In that case 1t would seem that
litigation on the present subject matter
is at an end.
The suit was originally brought by
Mrs. Carrie B. Riggs and other. of the
daughters of Mrs. Julia +. Along to
have the deed of trust, by which GER
tain property was conveyed to trustees
TO pay over the income to Mrs. Along.
so construed as to declare the income
trust funds in Mrs. Afong's hands and
requiring an accounting from her. To
this bill a demurrer was interpOsed,
which was argued at very great length
and was finally overruled by Judge
Robinson. A compromise was then eff
fected, agreed to, as was supposed, by
all parties in interest, and actually
signed by all but one or two. By this
compromise the actual compliments
were paid approximately $4,000 each.
Later Mrs. Bessie Burns, who was MAGE
a party defendant in the original pro-
eeedipgs, cave not zee of SNithdrawal of
sieuSt1ye fFI.m she com renzfse agree
nasnt and was made ! l,sstsa ecfnplain-
ant in tfe acton, alleging that her sig
nature and agreement to the compro
mise had been secured by fraud and
Misrepresentation. This was denied,
and Judge Lindsay after a hearing
held that there had been no fraud nor
Misrepresentation, and that she was
bound by the compromise.
The decree as proposed recites all
the proceedings and findings and dis
misses the bill. l
The Barete Estate.
Judge Lindsay has taken under ad-
visement the evidence in the suit of
Savidge, trustee of the Barete
estate VS.. Richard Antoine. 1t is al
legged that Antoine and Barete, in the
latter S lifetime, were partners IN
dairy. A part of the partnership prop
erty was a leasehOld. Antoine was made
of the estate of Barete.
While administrator, he conveyed Ba-
rete s interest in the leasehold to a
man named Lopez without considera-
ton. A year or so later the leasehold
was sold for $4,000. The suit is brought
TO recover half of this as the interest
of Barete.
Tn tho Realm of Divorce
In libel for divorce filed yesterday
Julia Helenhi asks for divorce from
James on the ground of desertion.
In another libel Tsuba Watanabe
asks for a divorce from Hesaku Wata- |
1abe. on the same ground.
Judge Lindsay released Kailihao |
Tome from the bonds of matrimony on
account of the desertiOn of her hus- |
band. and Louisa Kelou Huihui from
the bonds of matrimony on account or !
he desertion of Richard Huihui.
A Question of Costs.
In the suit of w. J. Lowrie against |
4. p. Baldwin and others, all the de- |
PENDANTS have excepted to Judge De |
Bolt s rulings in the matter of the tax
,tion of costs, and the Supreme Court |
will be asked to decide whether the |
plaintiffs are entitled to the statutory /
on the amount claimed, to !
De taxed as costs. where an assumpsit |
uit is dismissed because of the failure
If the plaintiff to file bond for costs.
Waikiki Injunction.
The temporary injunction agreed to
between the parties was filed yesterday
n the suit of the Waikiki Sugar Com
AMY against Marston Campbell as SUI
of Public Works of the
Territory. The injunction restraints the
Territory from taking any more water
rom lao Valley or the Waikiki river
han it was taking at the time of the
BEGINNING of the suit.
Judgment Set Aside.
The assumpsit suit of A. S. Humph-
evs VS.. Jesse Makainai, was reopened
by Judge De Bolt and 1.-THE
ase set for hearing later, Thief de-
endant alleged that neither he nqt his
ttOrney was properly notified Of the
ime of hearing, and that jurF was
waived without the defendant' con-
emf.
Registered Title.
A registered title to the Magoon
uilding property at the corner of Ala,
ea and Merchant streets has been
warded to C. NJ. Cooke, Ltd. It was
ound that the building encroaches on
he street fourteen one hundredths OF
foot. The Territory agrees that the
ma 1