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TIIE PACIFIC COMMERCIAL. ADVERTISER: HONOLULU, MARCH 23, 1895.
In the Supreme Court of the Ha waiian Islands. pKcr.MHKn Ti:::m. lfc-'l. iMoiiL jlm), .-. lic;:ei:tun, j. am CIRCUIT JLIXiE WHITINO, WHO SAT IN I LACE CI MB JCbTICL 1 REAR, ABSENT I ROM ILLNESS. Statika A. Newell, Eiiie J. Newell, Carolyn A. Newell, Ulancue E. Newell, plaintiffs, vh. John M. JIorner, iekendant. .;' Jaration in an action on a judmrnt in favor of oue who thereafter died, is demurrable when brought by the lea re and not by the executor it not appearing why " the executor haj not brought suit. An alteration "hat th 1 ourt jn which the judgment w entered wa- a Court of "general jnritin tioii" n not equiva lent to an alleatron that it is a Court f ITt-rord. ' "PINION OK TIIK COUKT JlY JI DD, C.J. The complaint in this cano i3 as ' follows: "Statira A. Newell, Effie J. Newell, Carolyn A. Newell and Blanche E. Newell, the plaintiffs abovo named complain of John AI. Horner, the defen Jant above named and aver the facts following consti tuting their cause of action. "That at the time herein btated the District Court of the Fourth Judicial District of the State of California in and for the City and County of San Francisco was a Court of general jurisdiction created by the Jaws of the btate of California. II. "That on the 9th day of January, A. D 1S78, one Thomas Newell com menced his action in said Court against defendant John M. Horner, , and ono K. 1. Beard, by liling his complaint therein atd causing sum mons to be issued, which summons was personally fcerved on thi9 de fendant. III. "That on tho 23J day cf April, A. D. 1879, the aid Thomas Newell recovered judgment against tho defendant for the sum of two thou sand tive hundred and foriy seven and 57-1U0 ($2547 57-100) dollars in Gold Coin of tho United States with interest thereon at the rate of seven per cent, per annum from the date thereof until paid together with costs and disbursements incurred in said action amoonting to the sum of twenty-tix and 25-100 (S2G25100) dollars. IV. "That said judgment has never beon paid in full, but the following . payments were made thereon by the defendant, viz: The sum of four hundred (400 00) dollars, on the 8th day of August, 1882, and the further ram of live hundred (500 00) dollars, on the 15th day of January, 1890. , g ml T bf forth Tnm of five hand red (3500.00) dollars, on the 28th day of Sep ember, 1890, leaving unpaid a part of said judgment amounting inclusive of interect to the sum of four, thou-and eight and 17-100 (S1008 17-100) dollars. V. "That thereafter the said Thomas Newell died, on or about the year 1883, leaving a will wherein and whereby said deceased among other property gave and bequeathed said judgment to the plaintilis. VI. "That the plaintiffs by their cer tain deed til hssignm-nt dated the 21t day of February, 1893, sold and assigned and Bet over the said judg ment and the moneys due thereunder to Mr. James A. Lo,wbo is now the owner thereof and entitled to receive the proceeds collected thereunder and that this action i- prosecuted by these plaintiffs for the benefit of their said assignee James A. Low. VII. "That the defendant left the State of California on or about the 5th day of December, 1879, and that he has remained absent from the Baid State ever since said date. VIII. "That though thereto requested the defendaut has failed and neglect ed and still neglects and refaeea to pay said sum due upon said judg ment as aforesaid and that there is now due and owing from defendant to plaintiff the said sum of (1008.17 100) four thousand eight and 17-100 dollars. "Wherefore plaintiff demands judgment against the defendant for Baid sum of ($1008.17-100) four thou sand eight and 17-100 dollars with interest thereon nntil paid and for his costs of suit and that process usuein accordance with law." A demurrer was interposed in the Circuit .Court First Circuit on three grounds as follows: "First: That said declaration ,shows no privity of contract or of obligation between said plaintiffs and said defendant. "Second: That plaintiffs hava no right, aa the legatees of the judg ment mentioned in said declaration, to maintain an action thereon in their own names. "Third: That it appears by said declaration that the judgment men tioned therein is barred aud outlawed by the statutes of limitations of the State of California, and of the Hawaiian Kingdom, and that no action can now be maintained there on." The demurrer was sustained by the Coort, to which the plaintiffs excepted. We were not favored with an argument on the various poiDts, plaintiffs' counsel conceding that the complaint was demurrable in some respects, but we were aked to deter mine whether administration could be granted in this country upon an 111 lXT T e-tate whore only assets were a judg ment. Ab this i'iestion is not raised by the plhdib- onr opinion npon it would be f 'jiicr ilirtum and wo would Lot bo authorized to express it. In ordnr to make our record com n'ete and meet the issues presented we fcustain the demurrer upon the lirst and second trrouDds. As to the third point we do not feel called upon to decide so important a matter with out further argument. Demurrer sustained. 1 Neumann, E-q., for plaintiffs ;C. W. Ashford for defendant. Honolulu. March 15, 1803, as of December Term, 1831. A Glasgow Daily Tells a Wonderful Story of His Exploits. Ilia l.anful Wife n the Vfrjatli De termined to Set Out for Honolulu. To the people who knew John Dnminia as a lad, and also have knowledge that he came from Utica, X. Y., tho following yarn from a Glasgow paper will be read with interest : Several years aco a Delmatian sailor nam-d J-rk Domiuia fouud his way to the Hawaiitii Islands, after innumer able hir breadth escapes and feats of valor by the way. In due time he married Liliuokalani, the daughter of a native chief, who afterward became Queen, making him partaker of the honors of royalty. As King he bore the name of Hermann I For twenty year3 he governed Ids subjects sat Isfao torlly, and toward the end of 1S91 he died; his sou, Herrnaun If, is only G yeais old and his widow is the Regent. Now this lady, kuowiug that her late npouse was a European, has been making strenuous efforts to discover bis relations, aud whenever a ship touched at the port she always made it a point to go ou board aud question the captain us to whether he knew any Dominis of Delmatia. Foralong time the widowed Queea's endeavor to find King Hermann's relatives were uusucces-fu, hut lately the Imperial Austrian Corvette, Fasana, touched at the Hawaiian Islands, The Dowager Queen went on board and ask-d ttie Admiral whether he could tell her anything about the Dominis family at Dalmatia. He answered in the nega tive, but, noticing the lady's desire to learn omethingabout them, promised to make iuquiries of the Marine De partment of the War Ministry. The matter was then referred to the Foreign Office, which published an advertisement calling upon all the Domiul-esof Drlmatia to come for ward, whereupou there was a repetl tlon of what occurred when the American Spiritualistic medium called for the spirit of "John Smitb." Thousands of Dominises are said to have reported themselves, personally or by letter, for the name was a very common one in those parts. King Hermann's sister was, however, dis covered, aa was also his lawful wife; for it appears that the late King mar ried in Delmatia when only a sailor. This woman now demands that the Hungarian Government should help her to her rljrhts. She does not seek to become Queen of the Hawaiian Irlands, but she a-ks to bedeclared the legitimate heir to her husband'a prop eity. .Should the Huuga ian Govern ment refuse its help, the energetic wiitow is determined to eet out for Honolulu aud appeal directly to her t-ncc-sful rival, Queen Lilluokalaui, the widow of her own husband. mm VOLCANO OF KILAUEA. Concession Granted for its Repro duction at Georgia Exposition. Mr. E. V. McConnell has secured from the Cotton States and Inter national Exposition Company, to be held at Atlanta, Georgia, from September 18th to December 31st, 1895, a concession for a reproduc tion of the burning volcano of Ki lauea, the largest active volcano in the world, eays the advance sheet of the Exposition Department of Publicity. It is situated on the side of Mauna Loa, 4000 feet above pea level, and ten miles from the Pacific. According to Hawaiian mythology, the god of the Bea fell in love with Pele, the goddess of fire, and pursued her to Mauna Loa. There she took refuge in the burning volcano cf Kilauea. When it is in eruption, Pele is tupposed to be angry, and the kahuna or priest offers prayer, with sacrifices of animals or children. The god dess Pele will be represented as rising from the flames when called forth by the incantation of kahuna. She will be personated by a beau tiful HawHiian girl. The court singers of King Kalakaua will tiug the religious eongs of the Hawai ians. Bounty for litct ?nar. Omaha, Neb., March 1. The Nebraska legislature has decided to revive the beet sugar bounty by paying the producer $5 per ton for all their production. The last legislature suspended this law. The house hns a ereat fight over the affair. The bill was opposed by the solid democratic and inde pendent vote. The Hawaiian Gazette Compact manufacture rubber stamps of all descriptions. mm DELMATIAN SAILOR Ladies' Column.! LOOK BEFORE YOU LEAP. When you go out shopping, consider; think of the morjey in your pocket, and take account of the many stores whose various attractions are laid before you. There is X, with temptations in the form of a pretty show; there is Y, whose wiles are innumerable; and Z, who says he is the man for your money. PLEASE PAUSE ! And remember your pocket is con cerned. STOP AND THINK ! Would it not bo well to go where for forty years HONEST GOODS and HONEST PltlCES go hand in hand. Beauty and durability, instead of mere show and display, is the virtue of goods handled by us. To sell at a small Profit in every Department is the fundamental law of our house; to carry the best and newest goods tho markets of the world afford is our constant aim. Among the many new things found on our counters this week, we wish to call your especial attention to what is generally known as TABLE FELT, TABLE FELT, TABLE FELT, though it is continually used for fancy work. Wo have an extra fine line of this cloth in all colors. EIDERDOWN, EIDERDOWN, EIDERDOWN. To look at it is to buy it, soft as velvet, just the thing for Capes or Children's Jackets.' AVe have it in blue, pink, and cream. You will want it in all these colors after once looking at it. B. P. EHtEKS & 00. SOfflETTE ! "The best Corset in the world for the money. ESgPCome and LOOK AT THEJf, take them: home, THY ON! And return them if they don't suit you. These Corsets are made in style to fit and suit every body and their purses. They are in forty-seven dif ferent styles and range in price from $1 to $5 per pair. Ask to see the Extra Long Waist Sonnette for $2.25. They can't be beaten. If you can't get Corsets long enough, remember you can get the "Sonnette,? .with six hooks. Should you want a Corset WlJl REAL WHALE .BONE, get tho "Sonnette." Anyway come in and see them. J. J. EGAS. Sole Agent for Hawaiian Islands. 2ttMf HUSTACE & CO.. Dkalxrs n WOOD AND COAL Also White and Elack 8nd which we U1 sell at the very lowest market rates. CBxx TwuFHOica No. 414. 5"MrTUt. TUPHOxa No. 414. 349S-ly JOHN N0TT, IMPORTER AND DEALER J.V I and Iron Ranses STOVES AND FIXTCKES, House Keeping Goods AND Kitchen Utensils, AGATE WARE, ROBBER HOSE PUMPS, ETC., ETC., Plumbing, Tin, Copper Sheet Iron Work. D1M0N D -:- BLOCK KING STREET. G. WEST, Commission -:- Merchant IMFCKTJIR AND DSALBR IN Carriage Materials Of Every rescriplion It. chiding OAK, ASH, HICKORY AND WHITE WOOD LUMBER, Spokes, all sizes; Savern Wheels, Wood Hub Wheels, Sawed Felloes, Bent Rims from 1 to 2 inches, Dump Uart Sbfts, Wagon Poles, Double-trees, Single-trees, Wagon and Cart Hubs, all sizes; AND A FULL ASSOBTMENT OF TriIlllAlers, Materials Carriage Hardware, Norway Iron, and Steel Tires. Having a lone experience in the Carriage Business, I am prepared to sup ply Carriage Builders, Plantations, etc., with first class materials, personally selected, at the very lowest cash prices &y All Island orders will receive prompt attention. MASONIC BLOCK, Corner Alakeik nud Hotel Street. gSTTelephone No. 350. 337S-tf Japanese Goods. Silk Dre4 Good, Cotton Dress Good. Kent's Silk Shirts, Gent's Cotton Shirts, Gent's Fancy Crepe Shirt. Straw ami Felt Hats, Umbrellas and Parasols, Fancy Screens, ITosIery, If and kerchiefs and Neckties, For both ladies and gentlemen. EffF" Watch our advertisement for new goods arriving by every steamer. IWAKAMT, HOTEL STREET. Next to Teck's Commission Kooms 3902-tf Kwtlc's Milk Food for Infants has, during 25 years, grown in favor with both doctors and mothers throughout the world, and is now un-q-jestionably not only the best subatita'e for mothers millc, but the food which agrees wjth the largest percentage of infants. It gives strength and stamina to resist the weakening eilects of hot weather, and has saved the lives of thousands of infants. To any mother sending her address, and mentioning this papr, we will send samples and description of J? es tic's Food. Tboa. Lerm ing & Co., Sole Affts 19 Murray St., N. T. The Aaencr lor s;est:le's milk food IS WITH TBS Hollister Drug Company, Limited 523 Fort Street, Honolulu, H. 1. Stee ii --Vi r ' -trii,'r k a M. -Ltr- ir:-cPr"Trn cIt '' a WRINKLED as" r ' 9 - m l m li j i ii i i fit f ::-iM,i ( I "(I m BH 1 Use Lola Moxtkz Creme. Skin Food and Tissue Builder. Does not cover, but heals and cures blemishes of tbe skin. Makes the tissues firm and builds up the worn-out muscle fibers, and makes them plump. Lowest in price and best in value. 75 cents lakqk pot, Mas. Harrison's Face Bleach. Cures most aggravated esses of Freckles, Blackhead, Flesh Worms, Sunburn, Sallowness, and 3Iotb Patches. Quick in action and permanent in effects. Price $1. Mrs. Harbison's Face Powder. Pure adhesive and positively invisible. Three shades white, flesh, biunette. Will not clog the pores, stays on all day. Price 50 cents. AIr3. Harrison's Hair Vigor. Stops Falling Hair in one or two applications. Prevents Gray Hair and causes rich and luxuriant growth of Hair to grow on bald heads. Cases of 5 ears standing specially invited to a trial. Price $1. Mrs. Harrison's Hair Restorer. Only four to ten daj a required to restore hair to its natural color Is not a dye or bleach. No sediment or stickiness. Color is permanent when once your hair is restored to its natEral shade. Hair becomes glossy and clean. Price $1. Mrs. Harrison's Frizz For keeping the hair in curls a week at a time; not sticky ; don't leave a wlite deposit on the hair. Price 50 cents. MRS. NETTIE HARRISON, America's Beauty Doctor. 26 Geary Street, San Francisco. Cal. gXT'Tor sale by HOLLISTER DRTJG COMPANY, 523 Fort Street. Honolulu. Any lady call at Hollifter Drug Company will be given a Lady's Journal containing a "Beauty Lecture wiitttn by Mrs. Nettie Harrison. Give the Baby FOR AND INFANTSifelNVALIDS. Mil BENSON, SMITH & CO., Sole Agents H. E. McLNTYRE & BRO., EAST CORNER FORT AND KING STREETS mrOKTERS AND Groceries, Provisions and Eeed. New and Fresh Goods received by every packet from California, Eastern States, and Euro 1 ean Markets. Standard grades of canned Vegetables, Fruits and Fish. Goods delivered fo any part of tho city. Satisfaction gcaranteed. Island trade solicited. P. O BOX 145. Royal Insurance Co., OP LIVERPOOL "THE L,AKG2:ST IN THE WOKLD," Assets January let, 1892. tsrvrire risEs on ali Kinds of Insurable property ta&en at Current rats by J. S. 8140-lm ENTERPEISE PLANING MILL PETER HIGH & CO., - - - Proprietors. OFFICE AND IIJL.JL. : AJakea and .Richards near Queen Street, Honolulu. ZZ. 1 MOULDINGS , Doors, Sash, Blinds, Screens, Frames, Etc. TURNED AND o XJr Prompt attention to ail orders. TKLEPHON K) W MUTUAL KJS. EVERYBODY KNOWS Geo. W. Lincoln Is Burned Out, but Still Prepared to Superintend or Build Anything from a One-roomed House to a New City Hall. All Orders Left With John Nott, King Street, Will be promptlv Attended to. Daily Advertiser, 75 1 ') O THE CAMS A'S ' - - PACKED IN j VEKYIA2GEAN2 CTATA!?- T".0SE. OF D CAN So BEAUTIES SHOULD A Perfect Nutriment for growing chudreb. Convalescents, Consumptives, dyspeptics, and the Aged, and In Acute Illness and ell Wasting Diseases. THE Best Food for Hand-fed Infants: Orit BOOK for the Instruction of mothere'Th Caro and Feed Insof Infants, "will be mailed re to any address, upon request. DOLIDER-GOODALE CO BOSTON, MASS.. U.S.A. for trie Hawaiian IsIkxmI. DEALERS IN TELEPHONE NO. 92. 1 42,432, 74.00 WALKER, Agent for Hawaiian Islands. SAWED WORK. BELL 4GS. Cents per Month