Welsh v. Woods

DISSENTING OPINION OP

WIRTZ, J.

The remedy of garnishment, being a statutory creature, has only the scope which the legislature accorded it. Since it is in derogation of the common law, the statutory terms governing its application must be strictly construed in favor of the persons against whom it may be invoked. Davies & Co. v. Hilo Pineapple Co., 27 Haw. 651. Being summary in its effect and liable to be abused and used oppressively, its application should be carefully guarded and confined strictly within the limits prescribed by the statute.

In Henriques v. Vinhaca, 20 Haw. 702, 707, this…