Time within which execution shall be returnable.

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§651-34 Time within which execution shall be returnable. All executions and alias executions issued by or from any court shall be made returnable within sixty days from the date thereof. [CC 1859, §1018; am L 1917, c 16, §1; RL 1925, §2438; RL 1935, §4137; RL 1945, §10164; RL 1955, §233-33; HRS §651-34; am L 1970, c 188, §39]

Case Notes

A writ of execution cannot properly be levied after the return day; once the return day of an execution passes, it becomes functus officio and confers no authority on the officer to whom it is directed; correlatively, a levy accomplished after the return day is invalid and a sale based thereon is void. 102 H. 518, 78 P.3d 331 (2003).


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