§652-8  Execution, when.  If the
garnishee fails to appear upon the day and hour of hearing named in the summons
or writ above mentioned, or if having appeared, he refuses to disclose upon
oath whether he has goods or effects of the defendant in his hands, and their
nature and value, or whether a debt is due from him to the debtor and its
amount, or whether he has any moneys of the defendant in his possession for
safekeeping, and the amount thereof, the case shall proceed to trial.  If the
plaintiff recovers a judgment, execution shall issue at his request, against
the estate of the contumacious garnishee for the amount of judgment as his own
proper debt, and the lawful costs; provided that if it appears that the goods
and effects are of less value, the debt of less amount and the moneys in
safekeeping of less amount than the judgment recovered against the debtor,
judgment shall be rendered against the garnishee to the value of the goods or
the amount of the debt or the amount of the moneys in safekeeping, and if it
appears that the garnishee has no goods or effects of the debtor in his hands,
or is not indebted to him, or has no moneys in his possession for safekeeping,
then he shall recover his lawful costs.  However, if he appears and on oath
discloses fully whether he has in his hands the goods or effects of the
defendant, or is indebted to the defendant, or has in his possession moneys of
the defendant for safekeeping, and it appears to the court that he has no such
goods or effects, or is not so indebted, or has no such moneys for safekeeping,
then judgment shall be given for him, and he shall recover his lawful costs. [L
1876, c 35, §3; RL 1925, §2833; am L 1925, c 262, §4; RL 1935, §4277; RL 1945,
§10308; RL 1955, §237-8; am L 1959, c 65, §4; HRS §652-8]



 



Case Notes



 



  One who is served with garnishee process, fails to appear to
discharge oneself acts at one's peril.  7 H. 72.



  Garnishee is not required to make written answer and may
appear at trial or any time before trial.  15 H. 645, 646.



  Status not affected by failure to tender fees and expenses. 
22 H. 723, 727.



  Garnishee entitled to notice of subsequent proceeding
affecting garnishee's rights.  22 H. 723, 729.



  After entry of judgment, plaintiff cannot require garnishee
to appear and be examined as to written disclosures filed prior to trial.  27
H. 749.



  Cited:  14 H. 295, 299; 19 H. 83, 87; 22 H. 321, 326; 131 F.
Supp. 866, 870.