The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1909-05-28
DECISIONS BY
SUPREME COURT

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Three decisions were handed down
by the Territorial Supreme Court yes
terday. In an opinion written by Chief
Justice Hartwell, the tribunal held that
the judgment of the district magistrate
of Wailuku was correct in the action
of J. NJ. Yivas and A. G. Correa against
Moses Kauhimahu; J. II. Fisher, Audi
tor of the Territory, garnishee.
The Supreme Court afiirms the judg-
ment that husband is not liable at
law for the fee of an attorney in de-
Tending his wife in libel for divorce.
The suit was brought by Ovrrea and
| Vivas in an effort to secure the collee
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 a 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 1925 on a lease
of the Kauluwela Lodgings. An ad-
mission was made by the defense that
the rent was an obligation against
them, but they presented a counter
claim of $lO9O.32 for the use of water.
! A verdict was returned for the defend
ants in the sum of $246.50.
4 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 new trial
will be ordered unless the plaintiff shall
within five 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 there
was nothing for it to consider in the
! question reserved in the Court of Land
Registration case of McCandlesi
against Lansing ct al, The reserved
question was whether the Judgment OF
the land court was CONTRARY to law
or not'' The Supreme Court holds
that there was nothing for it to rule
upon, and accordingly stated in the
opinion.
Notes of the Courts.
AN order was granted yesterday by
Judge Robinson substituting II. Cush
man Carter for the late j. o. Carter
as trustee under the trust agreement
entered into between John A. Cum
minis and his wife, Kahalewai Cum
Minis.
Seven days from yesterday is the
period granted to the attorneys for An
ME K. Hart in which to file bill
of exceptions in the case of the N
s. Sachs Dry Goods Company, Ltd.
against Mrs. Hart.
The Hawaiian Trust Company has
been appointed guardian of Beatrice
, NJ. G. K. Luce, an incompetent, will
bond fixed at the sum of $3.50.
A motion to enter judgment nor
obstante veredicto, pursuant to man
date of the Supreme Court, has beer
? fled in the case of w. M. Bierce Co.
Ltd. against William Warehouse an'
Albert Waterhouse, executors of the es
tate of Henry Waterhouse. A verde
was given for the plaintiff in the tria
court.
An injunction was granted yesterda.
preventing Davies & Co. from payinI
over to Lau Pho the sum of $525OC
l pending hearing on a petition for
/ dissolution of partnership and account
ing between Lau Pic and San Ket
4 The two Chinese were in the salt bust
ness at Puuloa.
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