Legal Opinion · Concurrence

Hayashi v. Iwata

Hawaii Supreme Court

Decided March 17, 1903Published

Exceptions from Circuit Court, First Circuit.

1Concurrence

Concurring Opinion by

Freak, C. J.

As I understand it, the motion to set aside the service on the' garnishee was based only on the want of a copy of the signature of the clerk and not on the want of a copy of the seal, but the latter will have to be considered to some extent in disposing of the former question. Also there was no exception to the refusal to allow an amendment. It does not even appear except perhaps by inference that a motion to amend was made.

The law on this subject is in a very unsatisfactory state'. Many nice distinctions are made and decisions can be found on. each side of…

2Cases cited13 opinions

  1. Hoitt v. SkinnerSupreme Court of Iowa · 1896
  2. State v. StrauderWest Virginia Supreme Court · 1877
  3. Miller v. ZeiglerWest Virginia Supreme Court · 1898
  4. Choate v. SpencerMontana Supreme Court · 1893
  5. Lee v. ClarkSupreme Court of Minnesota · 1893

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