§661-10 - Actions by State.

§661-10  Actions by State.  Whenever it
is necessary or desirable for the State in order to collect or recover any
money or penalty, or to recover or obtain the possession of any specific
property, real or personal, or to enforce any other right (except in respect to
criminal prosecutions) to institute judicial proceedings, except as otherwise
expressly provided by law, the attorney general may bring and maintain an
action or actions for any such purpose in any appropriate court or courts.  All
such actions shall be entitled in the name of the State by the attorney
general, against the party or parties or thing sued, as defendants. [L 1888, c
51, §1; am imp Org Act, §§2, 81, 86; RL 1925, §2678; RL 1935, §4429; RL 1945,
§10484; RL 1955, §245-10; HRS §661-10; am L 1972, c 164, §1(h)]

Case Notes

  Suit by public official must be in the name of the
government. 7 H. 314.

  Suit entitled in name of the Hawaiian government by attorney
general could be brought by attorney general through counsel.  8 H. 16.

  Section is irrelevant and attorney general is without
standing as party to rate proceeding before PUC.  54 H. 663, 513 P.2d 1376.