§651-38 Alias writs. Any circuit
court, out of which an execution has been issued, if such execution has been
returned unsatisfied wholly or in part, may issue an alias execution to the
same circuit, or an execution leviable in some other circuit, for the
satisfaction of the unpaid remainder of the judgment and additional costs,
expenses, and commissions, which alias or testatum writ of execution shall be
served in like manner as the original. [CC 1859, §1030; RL 1925, §2442; RL
1935, §4141; RL 1945, §10168; RL 1955, §233-37; HRS §651-38]
Case Notes
Alias execution allowed when original execution issued by
mistake for too small an amount. 10 H. 348 (1896).
Alias execution issued after dismissal of appeal may be good
even if original bad. 15 H. 486 (1904).
Notes of Decisions
Kapuwai v. City & Cnty. of Honolulu, Dep't of Parks & Rec., 211 P.3d 750 (Haw. 2009).
· cites it 8× “In Ditto , the plaintiff's levy of the defendant's property was reversed on a procedural error, and thus this court could be certain that the plaintiff would seek a new or alias writ of execution, as authorized by HRS § 651-38. [7] Because the circuit court would again be…”
Ditto v. McCurdy, 78 P.3d 331 (Haw. 2003).
· cites it 8× “However, in the event a new or alias execution is sought, see HRS § 651-38 (1993), [1] we address McCurdy's argument to provide guidance to the circuit court and the parties.”
Winn v. Brady., 541 P.3d 653 (Haw. App. 2023).
· cites it 4× “On December 19, 2014, pursuant to HRS § 651-38 (2016),7 the Spences obtained a First Alias Writ of Execution 7 HRS § 651-38 provides: Alias Writs.”
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