Kaiser v. Pua

Citations

• 23 Haw. 584
• 1917 Haw. LEXIS 56

Syllabus

<p>Exemptions — truckman,</p> <p>PlaintiS, a married woman, owned an auto-truck with which she did the business of a truckman on her own separate account;' she did not drive the truck but her husband drove it for her, and by its use she actually earned a living: Held, that plaintiff is a truckman within the meaning of section 2470 R. L., and that the truck is exempt from attachment or execution.</p> <p>Same — claim of exemptions.</p> <p>It is not necessary for an attachment or execution defendant to make a claim of exemption as to property specifically exempt from seizure and sale under attachment and other process where the exemption statutes • do not provide for the making of such claim but do make the officer seizing the same liable to an action for damages for such seizure.</p> <p>Husband and Wife — statutory construction — exemptions.</p> <p>Section 2959 R. L. does not amend or repeal any of the provisions in the statutes exempting specific personal property from seizure under attachment or execution, and where the certificate therein provided has not been filed with the treasurer, property of the wife, engaged in business on her own account, which is specifically exempt from seizure under attachment or execution, is not subject to attachment for the debt of her husband.</p>