
    No. 10.
    Kona-Kau Telephone and Telegraph Company v. H. H. Mills.
    Appeal from judgment for plaintiff of district magistrate of South Kona, island of Hawaii.
    Submitted December 5, 1904.
    Decided December 27, 1904.
    The plaintiff brought an action to recover possession of a telephone instrument and battery alleged to be unlawfully detained by the defendant, averring that the plaintiff had “demanded of the defendant the return to plaintiff of the said property; that the defendant refused and still refuses to deliver to the plaintiff the said property and still unlawfully detains the same,” and praying judgment for the return of the instrument or $30 in lieu thereof and for $100 damages for the detention thereof. The magistrate gave judgment for the plaintiff with $5 damages. The defense is that the demand for the instrument shown by the evidence as made two years before the action was a “stale demand.”
    
      G. F. Maydwell for plaintiff.
    Defendant in person.
   Per curiam:

The appeal is dismissed.  