§652-7 Successive actions; procedure.

240 words·~1 min read·/hi/chapter-652/652-7

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

§652-7 Successive actions; procedure. In case of successive actions being brought wherein the same garnishee and the same defendant are named, precedence shall be given by the garnishee to the demand made in the action wherein service is first made on the garnishee, and if two or more such processes are served simultaneously, they shall be entitled to precedence in the order of the priority of their issue from the courts from which they were issued. This order of precedence shall not be disturbed by the fact of a later action being carried to final judgment sooner than the action earlier in time of service upon the garnishee, but in such case the garnishee shall pay or cause to be paid on account of the earlier judgment, only such sums as shall be payable upon the judgment from the amounts which shall thereafter become due and payable to the judgment debtor.

All amounts withheld on account of the earlier action shall be held to await the final result thereof, when, if final judgment is entered against the defendant, the amount withheld shall be applied in payment of the judgment. In case such amounts are not sufficient to satisfy the judgment, then all judgments obtained in later actions shall be again postponed to that in the earlier action until it is satisfied. [L 1907, c 99, §3; RL 1925, §2832; RL 1935, §4276; RL 1945, §10307;

RL 1955, §237-7; HRS §652-7]