Frank Nichols, Ltd. v. Mossman

OPINION OP THE COURT BY

KEMP, J.

Frank Nicliols, Limited, in an action in assumpsit in the district court of Honolulu against Isabelle Mossman, named E. J. Botts, Esq., as garnishee. The garnishee filed a disclosure. No defense to plaintiff’s suit was interposed by the defendant. Judgment was accordingly entered against her and the garnishee was ordered to pay to the plaintiff the amount of the judgment.

The defendant and the garnishee jointly appealed to the circuit court of the first circuit. Upon the trial in that court, jury waived, the defendant’s liability to the plaintiff as alleged was…