The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1907-02-27
DECIDED HERE
FOR FIRST TIME
Judge De Bolt Holds That a Man
May Sue Himself as
Garnishee.

Judge De Bolt has given a decision
in this jurisdiction. 1t was in the
action on judgment of Joseph o. Car
ter, plaintiff, against Koolau Male
and Others, defendants, and Joseph o.
Carter and others, garnishees. the
plaintiff sought to recover, on a judg-
ment heretofore obtained by him
against defendants, the sum of $3.50,
and to that end alleged that the gar
nishees. as trustees under the will of
Samuel c. Allen, deceased, held in
their hands certain sum of money
for the benefit of defendants.
Defendants interposed a demurrer
but urged only the ground that there
was a misjoinder of parties in that
Joseph O. Carter made himself both
a plaintiff and a defendant
The statute is quoted by the court.
and many decisions elsewhere. the de-
cision concluding thus:
1.-THE question of setoff, also some
times presented as a reason against
a plaintiff making himself garnishee,
if it has any force. does not apply
in this case, because the trustees in
an action against them by the defend
ants for the money in their hands
could not set off debt due to Joseph
o. Carter individually. Secs. 1852, 1854,
1856, r. L.
The supposed inconsistencies and
difficulties pointed out by those who
oppose the rule are more apparent
than real. Whatever the theory may
be, our common sense tells US that no
plaintiff who makes himself garni-
shee viii be obliged to or will ever re-
sort to the various measures provided
by law to search a garnishee. The
position of a garnishee is essentially
different from that of defendant.
"A defendant must act, either admit
Or deny, yield or contend. A garni-
shee is wholly indifferent He holds
the money or effects for the one whom
the law decides is entitled to it. AS
garnishee he has no claim OF interest
in the litigation or the result thereof.
He, without concern or en2barrass-
ment to himself, awaits the conclusion
between plaintiff and defendant and
then acts accordingly.
There being a. conflict in the au-I
thorities upon the question now under
and, as the rule for
bidding the garnishment by a plain
tiff of funds in his own hands is pure
ly technical and calculated to defeat
justice, and the opposite view tending
to subserve the ends OF .stice and to
force an unwilling de PR to pay his
honest debts, and, now being free in
this jurisdiction to decide either way
upon authority, / prefer to adopt that
view which aecords with justice. The
rule is essential to and facilitates COM
mercial and other legitimate transac-
tions. 1t is in harmony with the pro-
gressiye spirit of the age. It is plain
common, sense. 1t is Justice
The demurrer, therefore, is over |
ruled. Defendants may have ten days |
within which to further plead or an
swer.'
Kinney, McClanahan and Derby for
c. w. Ashford for defend |
ants.
*asS *ssss *sgss ssegss ssses *ssgss Esess *sss*
the exception being allowed.
In Levers & Cooke, Ltd VS.. A. v. |
Gear and Chang Chan ct al, Geo. d. |
Gear, for defendant A. " Gear, moves |
o reopen the default in the action, |
he plaintiffs failing to serve amenG- |
ID complaint upon defendants. The |
demurrer to the original bill of COM
oiaint had been upon the; grounds that /
he complaint did not allege owner |
hip of a certain promissory note sued |
m, the demurrer being sustained.
J. Alfred Magoon files a general de- |
hal in answer to the petition of plain |
iff in Alice Love Hoog VS.. J. Alfred |
lagoon.
Letters of guardianship were issued |
by order of Judge lindsay
n. to Richard H. Trent in guardian I
hin matter. of Maria Rorpng minor