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WELSH v. CAMPBELL ET ALS.

Nos. 4000 and 4001.

42 Haw. 490 (1958)

RICHARD D. WELSH v. ALICE KAMOKILA CAMPBELL AND JAMES L. COKE, ALAN S. DAVIS AND FREDERICK OHRT, TRUSTEES UNDER THE WILL AND OF THE ESTATE OF JAMES CAMPBELL, DECEASED.

Supreme Court of Hawaii.

Decided April 22, 1958.

Attorney(s) appearing for the Case

Frank D. Padgett (Robertson, Castle & Anthony with him on the briefs) for appellants in case No. 4000, appellees in case No. 4001.

Richard D. Welsh (also on the briefs) for appellant in case No. 4001, appellee in case No. 4000.

RICE, C.J., MARUMOTO, J., AND CIRCUIT JUDGE CORBETT IN PLACE OF STAINBACK, J., DISQUALIFIED.

OPINION OF THE COURT BY RICE, C.J.

On January 22, 1954, Richard D. Welsh, hereinafter referred to as plaintiff, filed a complaint and thereby instituted an action in assumpsit in the circuit court, first circuit, Territory of Hawaii, against Alice Kamokila Campbell, as and hereinafter called defendant, and the trustees under the will and of the estate of James Campbell, deceased, as and hereinafter called garnishees.

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