ยง652-7 - Successive actions; procedure.
ยง652-7ย Successive actions; procedure.ย
In case of successive actions being brought wherein the same garnishee and the
same defendant are named, precedence shall be given by the garnishee to the
demand made in the action wherein service is first made on the garnishee, and
if two or more such processes are served simultaneously, they shall be entitled
to precedence in the order of the priority of their issue from the courts from
which they were issued.ย This order of precedence shall not be disturbed by the
fact of a later action being carried to final judgment sooner than the action
earlier in time of service upon the garnishee, but in such case the garnishee
shall pay or cause to be paid on account of the earlier judgment, only such
sums as shall be payable upon the judgment from the amounts which shall
thereafter become due and payable to the judgment debtor.ย All amounts withheld
on account of the earlier action shall be held to await the final result
thereof, when, if final judgment is entered against the defendant, the amount
withheld shall be applied in payment of the judgment.ย In case such amounts are
not sufficient to satisfy the judgment, then all judgments obtained in later
actions shall be again postponed to that in the earlier action until it is satisfied.
[L 1907, c 99, ยง3; RL 1925, ยง2832; RL 1935, ยง4276; RL 1945, ยง10307; RL 1955,
ยง237-7; HRS ยง652-7]