§651-41 Priority in levying. Every officer receiving a writ of execution issued in due form by any court or judge, shall note thereon the day and hour of its receipt, and the officer shall give priority in levying upon property of the defendant in execution, to the writs received by the officer according to the order of time in which they are received. [CC 1859, §1021; RL 1925, §2445; RL 1935, §4144; RL 1945, §10171; RL 1955, §233-40; HRS §651-41; gen ch 1985]
Case Notes
Levy makes judgment a lien. 4 H. 165 (1879).
A subsequently served garnishee process had priority over defective execution levied by marshal first. 6 H. 153 (1875).
Execution must be postponed to lien of prior attachment. 6 H. 564 (1885).
Cited: 3 U.S.D.C. Haw. 176, 179 (1907).
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.