§651-35 When property in circuit insufficient.

176 words·~1 min read·/hi/chapter-651/651-35

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

§651-35 When property in circuit insufficient. If, upon an execution being issued by a district judge, no property, or not a sufficient amount of property, belonging to the defendant in execution, can be found within the jurisdiction of the judge issuing the execution, and the same is returned unsatisfied, either wholly or in part, the plaintiff in execution may, upon procuring a certified copy of the judgment and execution in the court below, to be docketed in the office of the clerk of the supreme court, sue out a writ of execution from the supreme court, which shall be available against the property of the defendant, wherever situated within the State. [CC 1859, §1029;

RL 1925, §2439; RL 1935, §4138; RL 1945, §10165; RL 1955, §233-34; HRS §651-35; am L 1970, c 188, §§39, 40]

Case Notes

Must be strictly followed in order to sustain execution and sale of real property thereunder; showing that no personal property could be found, not sufficient. 13 H. 302, 306 (1901).

See 4 H. 165 (1879); 9 H. 27 (1893).