§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 (1886).
Garnishee could not be held as to debts accruing after hearing. 14 H. 295, 299 (1902).
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 (1935).
Garnishee may resort to interpleader to adjudicate conflicting claims to fund in garnishee's hands. 33 H. 557 (1935).
Doctrine of judicial estoppel applied to garnishee's right of appeal. 42 H. 324, 330 (1958).
Payment into court not the only method of stopping interest on debt. 48 H. 349, 402 P.2d 683 (1965).
Cited: 14 H. 295, 299 (1902); 15 H. 645, 646 (1904); 48 H. 68, 72, 395 P.2d 691 (1964).
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