Title 36, Civil Remedies And Defenses And Special Proceedings

[§659-4] Petition. The order is obtained by petition addressed to a circuit court, setting out facts sufficient to show a right to the order, and sworn to if the application is made by a private individual, or is made by the attorney general as provided by section 659-6. [L 1876,…

[§659-5] Answer. The person to whom the order is directed shall file the person's answer in writing, within the time limited by the order as determined by the court in its discretion, and state the authority under which the person claims to act. [L 1876, c 39, §39; RL 1925, §2719…

[§659-6] Judgment as to offices; burden of proof. [(a)] If a person to whom an order is directed with respect to an office of which the person performs the duties does not answer within the time allowed or the answer is insufficient or it is found that the person has usurped the …

[§659-7] Judgment according to nature of complaint. In all cases contemplated by sections 659-1 to 659-9, judgment shall be given according to the nature of the complaint made. [L 1876, c 39, §42; RL 1925, §2722; RL 1935, §4264; RL 1945, §10285; RL 1955, §236-25; HRS §659-52; am …

[§659-8] Service. The writ or order shall be served in the same manner as is provided by the rules of court with respect to process in a civil action. [L 1876, c 39, §43; RL 1925, §2723; RL 1935, §4265; RL 1945, §10286; RL 1955, §236-26; HRS §659-53; am L 1972, c 90, §3(h); ren H…

[§659-9] Corporations not liable to writ, when. Where the legislature has granted to a corporation the right to determine the validity of the elections of its members or officers, a writ shall not be issued for the purpose of inquiring into that fact. [L 1876, c 39, §44; RL 1925,…