
    No. 34.
    M. F. Scott, Plaintiff, v. H. T. Mills, Defendant, and J. H. Fisher, Auditor of the Territory, Garnishee.
    Appeal from district court, South Kona, island of Hawaii, on point of law.
    Submitted December 5, 1904.
    Decided December 27, 1904.
    Assumpsit for the price of lumber sold and delivered. The only question raised, whatever others might have been raised, is whether the magistrate erred in allowing attorney’s commissions after rendering judgment for the defendant upon what the latter called a plea in abatement, but which was a demurrer to the complaint based on the ground that the lumber was not sufficiently described. Leave to amend was requested by plaintiff but denied. No question is raised as to the correctness of the ruling on the demurrer. The plaintiff appellant relies on Ahoy v. Scott, 12 Haw. 348.
    Plaintiff in person.
    Defendant in person.
   Per curiam:

Ahoy v. Scott is not in point. Judgment affirmed.  