§661-3 - No jurisdiction, when.

     §661-3  No jurisdiction, when.  No person shall file or prosecute under this chapter any claim for or in respect to which he or any assignee of his has pending an action against a person who, at the time when the claim alleged in the action arose, was, in respect thereto, acting or professing to act, directly or indirectly, under the authority of the State. [L 1894-5, c 26, §3; RL 1925, §2671; RL 1935, §4422; RL 1945, §10477; RL 1955, §245-3; HRS §661-3; am L 1972, c 164, §1(c)]

 

Case Notes

 

  Section does not prevent joinder of State and person who acted or professed to act under State's authority as defendants in one suit.  9 H. App. 21, 821 P.2d 937.