Leland
Hawi Mill & Plantation Co. v. Leland
Opinion
lead Opinion
Richards, J.
This is an application for supplementary writs of mandate to carry into full and further effect the peremptory writs of mandate issued out of this court in the above-entitled proceedings on October 25, 1921.
The facts leading up to the issuance of those writs and the supplementary facts occurring thereafter and upon which the present application is predicated are briefly stated as follows: On April 26, 1921, Geo. A. Moore & Co. started an action against Hidalgo Plantation & Commercial Co., La Zaeulapa Plantation Co., and La Zaculapa Plantation and Harrison Co. for the recovery of an alleged indebtedness of $88,607.92, in which action an attachment was issued and levied upon the two lots of coffee involved in the two proceedings before this court. Thereafter the Hawi Mill and Plantation Company filed third party claims with the sheriff levying said attachment as to both lots of coffee who, after receiving an indemnity bond against said Geo. A. Moore & Co., refused to deliver up the same to the said claimant, upon which refusal the latter, on August 27, 1921, commenced two actions against said sheriff and also against Geo. A. Moore & Co. to recover possession of said two lots of…