Shillaber v. Waldo
Hawaii Supreme Court
Motion by defendants to dissolve the attachment issued in this case upon the following grounds: 1. The attachment and proceedings under it are void, the Clerk of the Superior Court not being authorised to issue attachments in cases like this.
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Motion by defendants to dissolve the attachment issued in this case upon the following grounds: 1. The attachment and proceedings under it are void, the Clerk of the Superior Court not being authorised to issue attachments in cases like this. The authority to issue attachments upon promissory notes rests with the Police Justices of Honolulu and Lahaina, and with them alone. 2. Sufficient facts are not sworn to in the application for process, to warrant an attachment. 3. The bond upon which the attachment is founded is insufficient, and is neither in form or substance like that required by…
1Opinion of the CourtChief Justice Lee
Before proceeding to give a decision upon the important questions involved in this motion, which haye been argued with ability and at great length and exhaustion, by the counsel on both sides, the court, after what has fallen from the counsel, feel it to be their duty to say, that whether the holding of this attachment to be formal or informal, good or bad, would in any way affect this court or its officers — that even though the holding of it to be informal and bad were to lay this court — the Chief Justice who sanctioned this writ by his endorsement of allowance- — the clerk who issued, and…
2Cited by8 opinions
- Waikiki Resort Hotel, Inc. v. City & County of HonoluluHawaii Supreme Court · 1981
- S. Utsunomiya Enterprises, Inc. v. Moomuku Country ClubHawaii Supreme Court · 1994
- Lennen & Newell, Inc. v. Clark Enterprises, Inc.Hawaii Supreme Court · 1969
- In Re Taxes, Aiea Dairy, Ltd.Hawaii Supreme Court · 1963
- Yee Chin v. AtoyHawaii Supreme Court · 1904
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