20 Haw. 352 | Haw. | 1911
OPINION OF THE COURT BY
The defendants filed separate motions to- quash the service of summons, each on the ground that the copies of the summons and of the declaration had not been served as required by law and that of the Pacific Shipping Company on the further ground, relied upon in this court, that the original return of service did not show justification for substituted service on its agent. During the argument of the motions in the lower court
It is not contended that upon the facts stated in the amended return the substituted service must be set, aside, but merely that the filing of the amended return was unauthorized by the court and that therefore the company’s motion to quash must be granted. All are agreed, and it is clear, that a return is amendable so as to show the officer’s acts done by way of service. Nothing would be gained by sustaining the motion to quash, striking the amendment from the record and thereupon immediately permitting the amendment, to be filed. It is filed and discloses the facts necessary to' justify substituted service. Upon this ground, therefore, the motion to’ quash is not sustained.
The main point relied upon by the appellees is that the copies of the summons and declaration were certified to by the deputy sheriff and not, by the clerk of the court which issued the summons and that under our statutes the latter official only may so certify. The only section of our statutes relating to this
The motions to quash should, be denied, the exception is sustained and the cause is remanded to the circuit court for further proceedings not inconsistent with this opinion.