Legal Opinion

Wilder v. Inter-Island Steam Navigation Co.

Supreme Court of the United States

Decided November 30, 1908No. 30PublishedCited by 38 opinions

ERROR TO THE SUPREME COURT OP THE TERRITORY OF HAWAII. The facts are stated in the opinion. Sections 2117, 2121, Rev. Laws of Hawaii, though providing for garnishment, are in fact proceedings supplementary to execution as known in the various States of the Union. Section 4536, Rev: Stat., does not exempt wages of seamen from execution or in proceedings supplementary thereto.

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ERROR TO THE SUPREME COURT OP THE TERRITORY OF HAWAII. The facts are stated in the opinion. Sections 2117, 2121, Rev. Laws of Hawaii, though providing for garnishment, are in fact proceedings supplementary to execution as known in the various States of the Union. Section 4536, Rev: Stat., does not exempt wages of seamen from execution or in proceedings supplementary thereto. Seamen’s wages by the act in question ate exempt from arrestment or attachment, but not from execution. For definition of “arrestment” — a term used in Scotch law — seeBouvier, 169; Erskine, Inst. 3, 6, 1; 1, 2,12. There…

1Opinion of the CourtJustice Day

This case is one of a number of' similar cases arising within the Territory of Hawaii, and is brought here for the purpose of settling the liability of seamen's wages to seizure after judgment by attachment or proceedings in aid of execution. The Inter-Island Steam Navigation Company, defendant in error, was directed by order and judgment of the district magistrate of Honolulu to pay into court on account of a judgment rendered in favor of plaintiff in error against one A. Tullet the sum of $65.00. Tuhet is a seaman, being master of the steamer Keauhou, plying between ports within the…

2Cases cited3 opinions

  1. Harden v. GordonU.S. Circuit Court for the District of Maine · 1823
  2. Patterson v. Bark EudoraSupreme Court of the United States · 1903
  3. Thomson v. Baltimore & Susquehanna Steam Co.Court of Appeals of Maryland · 1870

3Cited by38 opinions

  1. Isbrandtsen Co. v. JohnsonSupreme Court of the United States · 1952
  2. State v. MurrayHawaii Supreme Court · 1980
  3. Shilman v. United StatesCourt of Appeals for the Second Circuit · 1947
  4. Alaska Steamship Co. v. Mullaney, Commission of TaxationCourt of Appeals for the Ninth Circuit · 1950
  5. Wilbur Smith v. Seaport Marine, Inc.Court of Appeals for the Eleventh Circuit · 2014

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