The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1909-05-28
DECISIONS BY
SUPREME COURT
Husband Not Forced to Pay
the Attorney Fees
of Wife.

Three decisions were handed down
by the Territorial Supreme Court yes
terday In an opinion written by Chief
Justice HartwelI, the tribunal held that
the Judgment of the district magistrate
of Waikiki was correct in the action |
of j. NJ. Vivas and A. G. Correa against |
Moses Kauhimahu; J. H. Fisher, Audi
tor of the Territory, garnishee.
The Supreme Court affirms the judg |
ment that a husband is not liable at |
law for the fee of an attorney in de- |
Tending his wife in a libel for divorce.
The suit was brought by Correa and /,
vivas in an effort to secure the collec-
ton of 800, due them for legal ser
vices performed in the behalf of Mrs.
Kauhimahu on her appeal to the Su-
preme Court from decree of divorce
obtained by her husband. A demurrer
was entered by the defendant on the
ground that no cause for action was
specified, and that the court was with
out jurisdiction. This view was con-
Cured in by the Supreme Court.
Order Repayment.
| A second decision is against the
plaintiff in the case of Mary Anterior
! Richards against Carl Ontai, James On
tai and Henry Ontai. The suit was
| to recover the sum of $625 on lease
of the Kauluwela Lodgings. An ad-
mission was made by the defense that
the rent was an obligation against
them, bat they presented a counter
claim of $1090.32 for the use of water.
A verdict was returned for the defend
! ants in the sum of $246.50.
According to the interpretations
placed upon the law involved by the
Supreme Court the instructions of the
trial court as to the payment of water
rates is found open to criticism and
the decision states "that a new trial
will be ordered unless the plaintiff shall
within Eve days from this date remit
the amount which under this opinion
was enormously included in the yer
Dict
The decision of the Supreme Court
is that the terms of the lease were
not affected by statements in letters
that passed between Theodore Rich
ards representing his wife, the plain
tiff in the action, and the defendants
The Supreme Court held that ther'
was nothing for it to consider in thu
question reserved in the Court of Lane
Registration case of McCandles
against Lansing ct al. The reserved
!, question was whether the Judgment O
the land court was CONTRARY to Law
or mott The Supreme Court hold
that there was nothing for it to rul
upon, and accordingly stated in tn
opinion.
! Notes of the Courts.
An order was granted yesterday b.
Judge Robinson substituting FL. Cush
man Carter for the late j. o. Carte
I as trustee under the trust agreemen
J entered into between John A. Cum
I minis and his wife, Kahalewai Cum
minis.
I Seven days from yesterday is tn
! period granted to the attorneys for An
( ME K. Hart in which to file BIZ
I of exceptions in the case OF the \
I S. Sachs Dry Goods Company, Ltd
against Mrs. Hart.
ri The Hawaiian Trust Company ma
| been appointed guardian OF Beatrlc
NJ. G. K. Luce, an incompetent, VII
:. bond fixed at the sum of $3.50.
III A motion to enter judgment no
| obstante veredicto, pursuant to a mai
date of the Supreme Court, has bee
fled in the case of w. M. Bierce Co
Ltd. against William Waterhouse an
Albert Waterhouse, executors of the
tate of Henry Waterhouse. A verde
was given for the plaintiff in the tri
court.
An injunction was granted yesterda
preventing Davies & Co. from paylI
over to Lau Pho the sum of 1920
pending hearing on a petition 1or
dissolution of partnership and accoun
| ing between Lau Pho and Sau ke
The two Chinese were in the salt bus
Iness at Puuloa.
III