Nelson & Robertson Pty. Ltd v. K.M.S.T., Inc

NELSON & ROBERTSON PTY. LTD. of AUCKLAND,

NEW ZEALAND and SYDNEY, AUSTRALIA, Plaintiff,

 

v.

 

K.M.S.T., INC., an American Samoa Corporation, and J.J. YONG,

a/k/a JUM-YONG JUNG, a/k/a MR. CHUNG, Defendants.

 

High Court ofAmerican Samoa

Trial Division

 

CA No. 106-88

 

July 15, 1997

 

[1] Where writs of execution and garnishment did not conform to and follow the judgment, Clerk of Courts properly directed to strike surplusage before issuing them. 

 

Before KRUSE, Chief Justice.

 

Counsel: For Applicant, BarryI.Rose

 

ORDER GRANTING IN PART AND DENYING

IN PART APPLICATION FOR WRITS OF

EXECUTION AND GARNISHMENT

 

On April 10, 1991, this court entered judgment in favor of Nelson and Robertson Pty., Ltd. ("N&R") and against defendants "K.M.S.T., INC., an American Samoa Corporation, and J.J. YONG, a/k/a JUM-YONG JUNG, a/k/a MR. CHUNG," for the sum of $217,741.40 plus post-judgment interest calculated at 18% per annum.

 

On July 14, 1997, N&R filed an application for a writ of execution against "J.J. Yong a/k/a Jum-Yong Jung, a/k/a Mr. Chung and Malaeimi Valley Mart" for satisfaction of the April 10, 1991, judgment. (emphasis added)  Additionally, N&R applied for writs of garnishment addressed to Amerika Samoa Bank and Bank of Hawaii to forbid the banks from payment of "any debt owed by you, now due or to become due, to J.J. Yong a/k/a Jum-Youg Jung a/k/a Mr. Chung and Malaeimi Valley Mart." (emphasis added)

 

[1] Because the writs of execution and garnishment do not "conform to and follow the judgment" dated April 10, 1991, the Clerk of Courts is directed to only issue the writ of execution and writ of garnishment after striking the phrase "and Malaeimi Valley Mart."  Merrifield v. Western Cottage Piano & Organ Co., 87 N.E. 379, 380 (Ill. 1909) (citing Hobson v. [1ASR3d88] McCambridge, 130 Ill. 367, 22 N.E. 823; Kinkade v. Gibson, 209 Ill. 246, 70 N.E. 683; 1 FREEMAN ON EXECUTIONS, (3d Ed.) 42; HERMAN ON EXECUTIONS, 56).

 

It is so Ordered.

 

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