PART II. 
INTERPLEADER



 



§634-11  Interpleader; sheriff's application
for order.  When, in the execution of process against goods and chattels
issued by or under the authority of the courts of the State, by reason of
claims made to such goods and chattels by assignees of bankrupts and other
persons not being the parties against whom such process had issued, whereby the
sheriffs and other officers are exposed to the hazard and expense of actions,
any such claim shall be made to any goods or chattels taken or intended to be
taken in execution under any such process or to the proceeds or value thereof,
it shall be lawful for the court, out of which the execution shall have issued,
or any judge thereof, upon application of the sheriff or other officer made before
or after the return of such process, and as well before as after any action
brought against the sheriff or other officer, to call before it or the judge by
rule, order, or summons, as well the party issuing such process as the party
making the claim.  Thereupon the court or judge shall, for the adjustment of
the claims and the relief and protection of the sheriff or other officer, make
such rules, orders, and decisions as shall appear to be just according to the
circumstances of the case.  The costs of all such proceedings shall be in the
discretion of the court or judge. [L 1876, c 33, §5; RL 1925, §2872; RL 1935,
§4061; RL 1945, §10043; RL 1955, §230-13; am L 1963, c 85, §3; HRS §634-43; ren
HRS §634-11; am L 1980, c 232, §32; gen ch 1985; am L 1989, c 211, §10; am L
1990, c 281, §11]



 



Cross References



 



  Sheriff, etc., see §26-14.6.



 



Case Notes



 



  Did not apply to district courts under prior law.  6 H. 254.