The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1897-03-25
OPINION OF THE COURT BY JUDD, CD
Circuit Judge Perry dissenting)

Judge dssenting)
a discovery injunction and for
equitable attachment The facts uccncty follows:
plaintiff recovered judgment against the
named defendants and against the said A Feek
gansee for 1912 and Personal service made
garnshee he being then in this country but at the
filing this bill he had left these islands The bill al
of the principal Judgment debtors the defend
arnhee any property within this Republic which
be attached taken execution, but that there
valid and uIsting contract whereby Oahu Railway and
Land Company defendant corporation has agreed consider
of certain labor and services of the said Fee to deliver
of said defendant corporation the value of
thousand dollars, upon the completion of the
atoms railroad Kaena Point the Island of Oahu Service
being made the defendant corporations Its general
the nterrogatoes propoded admitting and setting
forth particularly the nature of the contract with said teek
follows:
The Oahu Railway and Land Company agreed in 1895,
with y Feek, pay further consideration in final settle
of all claims first mortgage bonds bearing interest
five per the value of each bond to be $1,000 Said
bonds delivered A. Feek order after completion
present line of road from Waanae Kaena Point Isl
and of Oahu when extended to other point on SAID island
of equal distance No bonds have been delivered under the
agreement"
Upon affidavit that Mr.. w. y. Kinney, attorney law
authorized agent attorney of the said Feek sell the
before mentioned bonds temporary injunction issued
against Railway and Land Company, enioinng them
passing the said bonds said ~ Feek and also against
the said Feek and w y Kinney Esq his agent attorney &c
passing purchasing transferring the said property OF said
Fce, acknowledging any transfer in said bonds without the
order of court. &c
The plaintiffs counsel then moved upon affidavit
~ Fcek was within the jurisdiction of the be
reached by personal service, but Is resident of the United
of America that order of service him be made
publications such other the court shall direct
The heard and denied, and appeal Is taken by plain
tiff to this
Two important questions raised First Is personal service
upon Feek Judgment debtor essential in this case and
secondly l. there provision statutes providing for
substituted by publication otherwise upon
resident defendant bill in equity of this character
I'm discussing the question, remark that this is
Creditors BILL distinctly provided for in the Act of 1878
concerning equity jurisdiction, Compiled Laws 800, viz:
Bi creditors reach and apply in payment of debt
property right title interest legal equitable OF debtor
within this kingdom which cannot be at or attached or
taken execution a law against such debtor We
have equity had jurisdiction of creditors bills be
fore the enactment of definition under the general powers
siven chancellor and the vcechanceor ITO hear and
dceaiue all matters equity" (SectOn SAT of the Civil
CoeO The several Judges chambers have that
Jurisdiction (Sec 81 of the Judiciary Act of 1922 and
cor,Iino 70 Sec - of the Act, : : also the
power .o make award all such judgments, DEGREES orders
and mandates 10 issue executions and other processes,
and 70 take all other necessary for the promotion of
iuce in matters pending before them in chambers and
take all steps into full effect all the
powers which may be given them by the laws OF the
Kingdom" &c.
Now in creditors bill the debt must be established by
iuJiciaI proceeding and be generally shown that legal
means for have been exhausted These requisites
are alleged in the bill
Whether personal viii depend
, the nature of the If the Judgment sought per-
defendant or make voluntary appearance in order
70 obtain Jurisdiction of person the defendant and fix his
personal liability. But judgment which operates upon the