§651-17 - Discharge by bond of defendant. - Hawaii Statutes

     §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.