de Frag v. Adams
Hawaii Supreme Court
Appeal from Police Justice of Honolulu. Under the the Garnishee Act, Compiled Laws, pp. 279, 280, a petition to any Court to issue a garnishee summons must be in writing and' contain a specific request for garnishee process. MeCully J., dissenting on this point. The common law rule as to an Executor de son tort does not apply here.
Read the full summary
Appeal from Police Justice of Honolulu. Under the the Garnishee Act, Compiled Laws, pp. 279, 280, a petition to any Court to issue a garnishee summons must be in writing and' contain a specific request for garnishee process. MeCully J., dissenting on this point. The common law rule as to an Executor de son tort does not apply here. A widow held not to be liable on a note made by the husband, the creditor having failed to comply with the statutory requirements as to claims against estates of deceased persons. Judgment of Police Court affirmed.
1Opinion of the Court
Opinion of the Court, by
Judd, C. J.
The plaintiff appealed, on points of law, from a judgment of the Police Justice of Honolulu, sustaining a demurrer to the complaint.
The plaintiff presented to the Police Justice a written complaint in assumpsit on a promissory note of Wm. Adams, containing a prayer for judgment, but not containing a request to the Court to insert in the process a direction to the officer to leave a copy of the process with the garnishee and to summon him to appear and disclose on oath whether he had property of the defendant in .his hands or was indebted to her, etc.
This is…
2Cited by5 opinions
- Roxas v. MarcosHawaii Supreme Court · 1998
- Payne v. FurtadoHawaii Supreme Court · 1915
- Juneau Spruce Corp. v. International Longshoremen's & Warehousemen's UnionDistrict Court, D. Hawaii · 1955
- Peterson v. Lau TongHawaii Supreme Court · 1927
- Young Hin v. H. Hackfeld & Co.Hawaii Supreme Court · 1905