Oliver Wendell Holmes, Jr.

“ Really the only matter before us that calls for a word is the decision that a judgment appropriating property within the jurisdiction to payment of the owner's debt, which would be good if the property itself were the defendant, is not made bad by the short and somewhat illusory notice to the owner. ”

“ Neff, 95 U.S. 714, 727, 24 L. ed. 565, 570: 'The law assumes that property is always in the possession of its owner, in person or by agent; and it proceeds upon the theory that its seizure will inform him, not only that it is taken into the custody of the court, but that he must look to any proceedings authorized by law upon such seizure for its condemnation and sale.' It has been said from of old that seizure is notice to the owner. ”

“ Rep. 413. Moreover, the only errors assigned here are in holding that the service prescribed by § 2114 of the Revised Laws of Hawaii, as construed by the court, and that leaving a copy of the summons as above stated after garnishment of a debt due to the defendant, were sufficient to meet the requirements of the 5th Amendment (the court having assumed that the defendant referred to the 5th when he mentioned the 14th in his motion below) . ”