Frank Nichols, Ltd. v. Vannatta

OPINION OF THE COURT BY

COKE, C. J.

The appellant, Frank Nichols, Limited, instituted in the court below an action in assumpsit against John W. Vannatta, naming William C. McGonagle, treasurer of the Territory of Hawaii, garnishee. Yannatta at the time was the deputy auditor of the Territory and as such was in receipt of a governmental salary. The treasurer, Mr. McGonagle, filed his return, alleging therein, “that he is not the officer through whom the defendant above named as a government beneficiary is accustomed or entitled to draw his salary, stipend, wages or annuity; that the duty of the…