§651-35 When property in circuit insufficient. If, upon an execution being issued by a district judge, no property, or not a sufficient amount of property, belonging to the defendant in execution, can be found within the jurisdiction of the judge issuing the execution, and the same is returned unsatisfied, either wholly or in part, the plaintiff in execution may, upon procuring a certified copy of the judgment and execution in the court below, to be docketed in the office of the clerk of the supreme court, sue out a writ of execution from the supreme court, which shall be available against the property of the defendant, wherever situated within the State. [CC 1859, §1029; RL 1925, §2439; RL 1935, §4138; RL 1945, §10165; RL 1955, §233-34; HRS §651-35; am L 1970, c 188, § §39, 40]
Case Notes
Must be strictly followed in order to sustain execution and sale of real property thereunder; showing that no personal property could be found, not sufficient. 13 H. 302, 306 (1901).
See 4 H. 165 (1879); 9 H. 27 (1893).
Structure Hawaii Revised Statutes
Title 36. Civil Remedies and Defenses and Special Proceedings
651-4 Bond; amount and conditions.
651-10 Indemnity for police officer.
651-11 Execution in order of receipt.
651-12 Examination of defendant; where no property known.
651-13 Attached property; sale of.
651-14 Appointment of receiver.
651-15 Officer's return; how made.
651-17 Discharge by bond of defendant.
651-18 Discharge of writ when improperly issued.
651-20 Judgment satisfied out of attached property.
651-32 Execution, district court; form.
651-33 Bond for expenses on execution.
651-34 Time within which execution shall be returnable.
651-35 When property in circuit insufficient.
651-36 Execution, courts of record; form.
651-39 Available in all circuits.
651-42 How levy made, inventory.
651-43 Advertisement for sale.
651-44 Sale; proceeds; return.
651-49 Only defendant's interest sold.
651-50 Liability for exceeding powers.
651-52 Indemnity, how collected.
651-61 Exemption, how claimed.
651-62 Indemnity bond if exemption claimed.
651-63 Liability for selling exempt property.
651-64 Seizure of exempt property.
651-68 Proceedings on execution; appraisers; expiration of lien, result.
651-69 Application form contents.
651-93 Effect of separation, divorce, reconciliation.
651-94 Proceedings where real property can be divided without material injury.
651-95 Sale where real property cannot be divided; application of proceeds.
651-96 After sale, money equal to real property exemption protected.
651-121 Certain personal property and insurance thereon, exempt.
651-122 Personal property not exempt.