2012 Hawaii Revised Statutes
TITLE 36. CIVIL REMEDIES AND DEFENSES AND SPECIAL PROCEEDINGS
651. Attachment and Execution
651-17 Discharge by bond of defendant.


HI Rev Stat § 651-17 (2012) What's This?

Rules of Court

See HRCP rule 64; DCRCP rule 64.

§651-17 Discharge by bond of defendant. If the defendant, at any time before judgment, causes a bond to be executed to the plaintiff with sufficient sureties, to be approved by the officer having the attachment, or, after the return thereof, by the clerk, to the effect that the defendant will perform the judgment of the court, the attachment shall be discharged and restitution made of the property taken or the proceeds thereof. The execution of the bond shall be deemed an appearance of the defendant to the action. The bond shall be part of the record, and if judgment go against the defendant, the same shall be entered against the defendant and the sureties. [L 1905, c 84, §17; RL 1925, §2821; RL 1935, §4206; RL 1945, §10157; RL 1955, §233-17; HRS §651-17; gen ch 1985]

Case Notes

Action on bond. 22 H. 540.

Cited in determining validity of mortgage made after attachment. 51 H. 164, 454 P.2d 116.

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