TIIE PACIFIC COMMERCIAL. ADVERTISER: HONOLULU, MARCH 23, 1895.
In the Supreme Court of the Ha
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.
.;' 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.
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
' "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.
"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
"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)
"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.
"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.
"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.
"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.
"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
"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
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.
1 Neumann, E-q., for plaintiffs ;C.
W. Ashford for defendant.
Honolulu. March 15, 1803, as of
December Term, 1831.
Glasgow Daily Tells a Wonderful
Story of His Exploits.
Ilia l.anful Wife n the Vfrjatli De
termined to Set Out for
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.
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
The Hawaiian Gazette Compact
manufacture rubber stamps of all
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
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
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
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
though it is continually used for
fancy work. Wo have an extra fine
line of this cloth in all colors.
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.
"The best Corset in the
world for the money.
LOOK AT THEJf,
take them: home,
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
Should you want a Corset
WlJl REAL WHALE .BONE, get
Anyway come in and see
J. J. EGAS.
Sole Agent for Hawaiian
HUSTACE & CO..
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.
IMPORTER AND DEALER J.V
I and Iron Ranses
STOVES AND FIXTCKES,
House Keeping Goods
AGATE WARE, ROBBER HOSE
PUMPS, ETC., ETC.,
Plumbing, Tin, Copper
Sheet Iron Work.
D1M0N D -:- BLOCK
Commission -:- Merchant
IMFCKTJIR AND DSALBR IN
Of Every rescriplion It. chiding
OAK, ASH, HICKORY
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,
Wagon and Cart Hubs, all sizes;
AND A FULL ASSOBTMENT OF
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
Corner Alakeik nud Hotel Street.
gSTTelephone No. 350. 337S-tf
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.
Next to Teck's Commission Kooms
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.
ii --Vi r ' -trii,'r
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
BENSON, SMITH & CO.,
H. E. McLNTYRE & BRO.,
EAST CORNER FORT AND KING STREETS
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.,
"THE L,AKG2:ST IN THE WOKLD,"
Assets January let, 1892.
tsrvrire risEs on ali Kinds of Insurable property ta&en at Current rats
ENTERPEISE PLANING MILL
PETER HIGH & CO., - - - Proprietors.
OFFICE AND IIJL.JL. :
AJakea and .Richards near Queen Street, Honolulu. ZZ. 1
Doors, Sash, Blinds, Screens, Frames, Etc.
XJr Prompt attention to ail orders.
TKLEPHON K) W
Geo. W. Lincoln
Is Burned Out, but Still Prepared to
Superintend or Build Anything from
a One-roomed House to a New
All Orders Left With John Nott, King
Street, Will be promptlv Attended to.
Daily Advertiser, 75
') O THE CAMS A'S
' - - PACKED IN j VEKYIA2GEAN2
D CAN So
A Perfect Nutriment
for growing chudreb.
and the Aged, and
In Acute Illness and
ell Wasting Diseases.
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.
BOSTON, MASS.. U.S.A.
for trie Hawaiian IsIkxmI.
TELEPHONE NO. 92.
1 42,432, 74.00
Agent for Hawaiian Islands.
Cents per Month
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