The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1908-05-30
THE GARN|SHEE
LAW SUSTAINED
Supreme Court Holds That II Is
Constitutional and
Workable.

The Supreme Court yesterday render
ed decision Of the very greatest in
terest in connection with garnishee
| process and proceedings to collect
| money. The case was that of Jonathan
| Shaw VS.. William S. BOYD. defendant,
and Waialua Agricultural Company.
garnishee. Shaw sued Boyd before the
district magistrate of Waialua for s75
for the use and occupation of land
which the defendant had promised to
pay. The Waialua Agricultural Com
pany was summoned as garnishee. the
summons besides being in the usual
printed form also calling on the gar
nishee to make answer whether de-
PENDANT receives a regular salary or
| wages from garnishee.
The defendant was defaulted, but the
garnishee answered that the defendant
| was in receipt of salary of 800 a
| month but was indebted to it in the
sum of $109.80, under general written
agreement authorizing the plantation
to Withhold enough of his salary to pay
his store account.
The district magistrate gave judg-
ment for the plaintiff and entered the
following order: "The garnishee is
hereby ordered to Withhold 25 per cent.
of defendant s salary (monthly) until
the amount of judgment is fully salts
fed
The plantation company appealed
from this decision. The plaintiff main
tanned that it would be unlawful for the
81 m soft off 10
PENDANTS store account against his
wages, and that therefore the whole of
the defendant IS wages due at the time
of service of process is subject to gar
nishment.
The Supreme Court holds that this is
not good law.
The plantation company, the appel
liant, claims that the garnishment law
is unconstitutional as interfering with
the right of private contract The opin-
ion by Associate Justice Ballou dis
cusses this phase of it very clearly and
holds that the law is constitutional $50
far as it attempts to apply twenty-five
per cent of salaries due after Judgment
to the satisfaction of the Judgment, say
not interfered with by legal process di- |
T6ctcu pO
the subject of contract
The order appealed from is affirmed. |
Lyle A. Dickey appeared for the plain
tiff and D. L. Wilmington and w. A.
Greenwich for the garnishee.
DUVAUCHELLE PLEADS NOT
GUILTY.
Eugene Duvauchelle yesterday ap-
peared before Judge Robinson and |
pleaded not guilty. Frank Thompson
as his attorney, and on mo-
ton of Deputy Attorney Larnach the
case was set for hearing June %, that
date being fixed to give him time TO
secure lawyer.
KOREAN NOT GUILTY.
A Korean charged with assault and
battery. was found not guilty by Judge
Robinson yesterday.
A LONG DEPOSITION.
A deposition by J. J. Dunno, taken
before S. K. Derby in San Francisco,
in the suit of Carrie B. Riggs and
Bessie X Burns against Julia f.
Along and others, was received by the
Alameda yesterday. The deposition is
nearly $4,000 words long and seems TO
be Dunne's complete account of the
Along litigation.
BILL OF COSTS ALLOWED.
Judge De Bolt yesterday allowed
plaintiffs bill of costs in the suit of
Bierce against William and Albert Wa
terhouse for $S145. The motion for
Judgment and allowance of costs for
the defendant Hutchins in this case
was denied