§652-9  Garnishee may be heard on notice to
plaintiff.  Whenever any person summoned as a garnishee may be desirous of
so doing, the person may apply to the district judge or any judge of the court
from which the summons may have issued, and the judge having caused reasonable
notice to be given to the plaintiff in the action, shall proceed to take the
deposition of the person thus summoned, and make such order as may be proper in
the premises, at any time previous to the date appointed for hearing the cause,
and the person summoned as garnishee, shall be taken to have obeyed the
summons.  If it appears that there are conflicting claims to any moneys held
for safekeeping, debt, goods, or effects in the garnishee's hands, any time
after the summons is served the garnishee may be permitted upon order of the
judge to pay into the court any moneys held for safekeeping, debts, goods, or
effects in the garnishee's hands, less any reasonable costs and attorney's fees
allowed by the judge and the garnishee will thereupon be discharged.  With or
without payment into court, any garnishee may, where there are conflicting
claims to any moneys held for safekeeping, debt, goods, or effects in the
garnishee's hands of any amount, make application for an interpleader order and
the judge shall thereupon make all orders as appear to be just and reasonable.
[L 1876, c 35, §11; RL 1925, §2839; am L 1933, c 106, §1; RL 1935, §4278; RL
1945, §10309; RL 1955, §237-9; am L 1959, c 65, §5; HRS §652-9; am L 1970, c
188, §39; am L 1980, c 232, §33; gen ch 1985]



 



Cross References



 



  Deposit in court, see chapter 655.



 



Rules of Court



 



  Deposit in court, see HRCP rule 67.



  Interpleader, see HRCP rule 22.



 



Case Notes



 



  This section must be printed on every summons issuing out of
any court as required by §652-11.  5 H. 664.



  Garnishee could not be held as to debts accruing after
hearing.  14 H. 295, 299.



  Where prior to entry of judgment against garnishee, defendant
in action is adjudged a bankrupt, judgment against garnishee is void as to
trustee in bankruptcy.  33 H. 337.



  Garnishee may resort to interpleader to adjudicate
conflicting claims to fund in garnishee's hands.  33 H. 557.



  Doctrine of judicial estoppel applied to garnishee's right of
appeal.  42 H. 324, 330.



  Payment into court not the only method of stopping interest
on debt.  48 H. 349, 402 P.2d 683.



  Cited:  14 H. 295, 299; 15 H. 645, 646; 48 H. 68, 72, 395
P.2d 691.