Kalanianaole v. W. W. Dimond & Co.

*487OPINION OP THE COURT BY

FREAR, C.J..

(Galbraith, J., dissenting.)

This is an application for a writ of prohibition to prevent the respondents from proceeding with an execution issued by the District Magistrate of Honolulu to enforce 'a judgment for $282 obtained by the respondent W. W. Dimond & Go., Ltd., against the petitioner herein in an action of assumpsit for the value of goods sold and delivered. Several contentions are made, which will be considered in order.

First, that the summons which was issued and served was not in the form required by the statute. The statute (O.L., See» 1209)…