Thompson v. Gill

Citations

• 24 Haw. 16
• 1917 Haw. LEXIS 19

Syllabus

<p>Garnishment — property subject to attachment.</p> <p>A warrant for the salary of a government beneficiary issuable to a judgment creditor under a garnishment order is not exempt from attachment in another garnishment proceeding upon the ground that it is property in custodia legis.</p> <p>Same — same.</p> <p>The fact that by an agreement between the owner of a judgment obtained by garnishment against a government beneficiary and his attorneys the latter were to receive a certain percentage of the sum recovered, the judgment not having been assigned, would not prevent the attachment of the salary warrant in another garnishment proceeding by a creditor of the owner of the judgment, if the proceeding could otherwise be maintained.</p> <p>Same — statutory attorney’s fees.</p> <p>Statutory attorney’s fees in assumpsit cases are taxed as part of the judgment, and as between the owner of the judgment and his creditors belong to him, and not his attorneys.</p> <p>Same — attachment of debts on application of judgment creditor.</p> <p>In order to sustain a garnishment under section 2808 of the Revised Laws the applicant must show that he is a judgment creditor or has succeeded to the rights of a judgment creditor under a valid judgment.</p> <p>District Magistrates — pleadings in district courts.</p> <p>The rule which dispenses with rigid forms of pleading in the district courts does not obviate the necessity of stating all the essential facts required to entitle one to a special order in a statutory proceeding.</p>