§501-214  Judgments, how satisfied.  When there are defendants other than the director of finance, and where judgment is entered for the plaintiff against the director and against some or all of the other defendants, execution shall issue against the other defendants and be levied upon them.  If the execution is returned unsatisfied in whole or in part, and the officer returning the same certifies that the amount due cannot be collected from the lands or goods of the other defendants, the circuit court rendering the judgment shall direct the clerk to certify to the governor the amount due on the execution, and the governor shall draw the governor's warrant therefor upon the director, and the director shall pay the amount out of the general fund, without any further act making an appropriation therefor.

     When in the action judgment for any reason cannot be entered against all or any of the other defendants, it may be entered against the director alone, or against the director and such of the other defendants as are found to be liable, and against whom judgment can lawfully be entered.  Whenever judgment is entered against the director alone, whether in a case where the director is sole defendant or joint defendant with others, the circuit court before which the action is tried shall cause the clerk to transmit to the governor a certificate of the entry of judgment and of the amount due, and the director shall pay the same upon the warrant of the governor, as above provided. [L 1903, c 56, §98; RL 1925, §3288; am L 1932 2d, c 33, §3; RL 1935, §5101; RL 1945, §12701; RL 1955, §342-101; am L Sp 1959 2d, c 1, §14; am L 1963, c 114, §1; HRS §501-214; am L 1972, c 91, §1(oo); gen ch 1985]


Case Notes


  Cited:  42 H. 661, 664 (1958), modifying 41 H. 490 (1956), app. dism'd 267 F.2d 449 (1959).