The Hawaiian gazette., 1911-06-30
Rodrigues Loses Again.

be had, it is urged.
Rodrigues Loses Again.
can appeal lies only from final
order. An order quashing summons
in an equity case is not final order,
and an appeal therefrom which has not
been allowed by the circuit Judge can
not be maintained. "
This is the decision of the supreme
court as rendered by Chief Justice Rob-
ertson, Justices Perry and De Bolt con-
curing, on the application of the Port
uguese Benevolent Society in regard to
an order of the circuit judge quashing
the summons in the case instituted by
Jose Dos Passos Rodrigues. The latter
appealed from that order to the supreme
court and the society moved to dismiss
the appeal on the ground that the
order appealed from was an interlocu-
totory order and the appeal was not
allowed by the circuit Judge The court
finds thus:
"Under our statute Or. L. Sec 1850
appeals may be allowed by the circuit
judge, in his discretion, from inter
locutory orders or DEGREES, whenever he
may think the same advisable for the
more speedy termination of litigation.
''The appeal in this case. not having
been allowed by the circuit judge, that
statutory provision has no application.
| Plaintiffs right to maintain the appeal
depends, therefore, upon whether the
order can be regarded as a final one.
A decree, or order, which is not final
appealable"
The supreme court observes that the
bill in this case was not dismissed;
the summons only was quashed. ''Noth.
ing appears in the record, and no rea-
son has been suggested, to indicate that
another summons may not issue, upon
its allowance by the circuit court, if
such allowance is necessary. The plain.
tiff did not. as we assume he might
have DONE inform the circuit Judge that
he elected to stand upon the original
en- the Judge could. and doubtless would
matter now stands the bill must bC
regarded as still pending. Plainly
therefore, there was no fnality to thu
order appealed from. 1t was not al
appealable order. This view has beer
taken in. other jurisdictions in simila
cases. The appeal is dismissed.
f. c. Peters and A. d. Larnach fol
the motion, Eugene Murphy contra.
Divorce Gases.
Judge Robinson yesterday grantet
Mrs. Anna Ramos Kinipoki a divorc,
from Samuel Kinipoki on the grount
of extreme cruelty. The couple wer,
married at Wahiawa, January IA, 1910
Within month afterward Mrs. KIM
poki alleges her husband slapped he
on the face, and threatened to kin her
] Later, at Pearl City, he kicked her
she says, and finally she became in feal
of her life.
Mrs. Nellie Land has started an &C
ton for divorce from N. A. Land oil
the ground of nOnsupport. They weT
married here April "a, 1908. MTi
Land has three children by a forme
husband. She alleges nonnpport sine
the time Of the wedding. Land Is EN-
ployed at Eva mill.
Joseph Raphael denies the allegation
! made by Mrs. Sarah Raphael In he
. snit for divorce and consents 10 a tria
. without any further notice.
|, When the McQunid divorce suit wa
! resumed yesterday afternoon befor
J. Judge Robinson, Representative HenT
n u. kawesehi OF kona, testified cha
y he never saw MeQuaid intoxicated dn
lng the three years he knew him 0
\ Hawaii.
Mrs. Mary Comes aid she never 81
n any liquor in The MrQnaid house viii
& che Baa employed there anA che new
knrH aha had been referred 10 Sc ~ ~
" Mary AfQunidh until ahe saw n
3 statement 10 local paper lasi Noe
q She said there had bees 80 impT0If
a. relations between hff aud MeQnai9
"a hrHiofkeI pnder HbsH n