§651-2  Writ; issued when.  The
plaintiff, in any action upon a contract, express or implied, may, at the time
of commencing the action, or at any time afterward before judgment, have the
property of the defendant, or that of any one or more of several defendants,
which is not exempt from execution, attached in the manner hereinafter
prescribed, as security for the satisfaction of such judgment as the plaintiff
may recover, but no writ of attachment shall be issued (1) against the State,
or any political municipal corporation, or subdivision thereof, or (2) in
circumstances where garnishment is authorized under chapter 652. [L 1905, c 84,
§2; am L 1909, c 60, §1; RL 1925, §2806; RL 1935, §4191; RL 1945, §10142; RL
1955, §233-2; HRS §651-2; am L 1977, c 33, §1; gen ch 1985]



 



Cross References



 



  Exemptions from execution, see part III of this chapter.



 



Case Notes



 



  Attachment available only where contract at issue also
establishes a debtor-creditor relationship for payment of money.  485 F. Supp.
1015.



  Does not prohibit garnishment against municipal
corporations.  23 H. 564, 570.



  Seizure of automobile under writ of attachment.  38 H. 279,
298.



  Cited:  26 H. 342, 346.



 



Hawaii Legal Reporter Citations



 



  Writ of attachment.  79 HLR 79-0753.