§651-35  When property in circuit
insufficient.  If, upon an execution being issued by a district judge, no
property, or not a sufficient amount of property, belonging to the defendant in
execution, can be found within the jurisdiction of the judge issuing the
execution, and the same is returned unsatisfied, either wholly or in part, the
plaintiff in execution may, upon procuring a certified copy of the judgment and
execution in the court below, to be docketed in the office of the clerk of the
supreme court, sue out a writ of execution from the supreme court, which shall
be available against the property of the defendant, wherever situated within
the State. [CC 1859, §1029; RL 1925, §2439; RL 1935, §4138; RL 1945, §10165; RL
1955, §233-34; HRS §651-35; am L 1970, c 188, §§39, 40]



 



Case Notes



 



  Must be strictly followed in order to sustain execution and
sale of real property thereunder; showing that no personal property could be
found, not sufficient.  13 H. 302, 306.



  See 4 H. 165; 9 H. 27.