§651-6  Action on bond.  In an action on the bond a plaintiff may recover, if the plaintiff shows that the attachment was wrongfully sued out, the actual damages sustained and reasonable attorney's fees, to be fixed by the court.  If it is shown that the attachment was sued out maliciously, the plaintiff may recover exemplary damages.  No action shall be maintained on any bond until after final judgment in the action, unless the same is discontinued or dismissed. [L 1905, c 84, §6; am L 1909, c 60, §4; RL 1925, §2810; RL 1935, §4195; RL 1945, §10146; RL 1955, §233-6; HRS §651-6; gen ch 1985; am L 1986, c 291, §2]

Case Notes

  Not entitled to recovery on attachment bond where no damage accrued.  1 H. 51 (1851).

  Action on bond, when maintainable.  14 H. 463 (1902).