South Dakota Statutes

§ 21-18-30 — Garnishee's answer conclusive unless issue taken--Trial of issues.

South Dakota § 21-18-30
JurisdictionSouth Dakota
Title 21JUDICIAL REMEDIES
Ch. 21-18GARNISHMENT OF DEBTS AND PROPERTY

This text of South Dakota § 21-18-30 (Garnishee's answer conclusive unless issue taken--Trial of issues.) is published on Counsel Stack Legal Research, covering South Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
S.D. Codified Laws § 21-18-30 (2026).

Text

The answer of the garnishee shall in all cases be conclusive of the truth of the facts therein stated, and if it denies liability the proceeding against such garnishee shall be deemed discontinued, unless the plaintiff shall within thirty days serve upon the garnishee a notice in writing that he elects to take issue on his answer. In such case the issue shall stand for trial as a civil action in which the affidavit on the part of the plaintiff shall be deemed a complaint and the garnishee's affidavit the answer thereto. Nothing herein contained, however, shall permit raising of any issue when the state is garnishee defendant.

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Related

Farmers State Bank v. Janish
410 N.W.2d 188 (South Dakota Supreme Court, 1987)
15 case citations
Karlen v. United States (In re Karlen)
885 F.2d 479 (Eighth Circuit, 1989)
1 case citations

Legislative History

SL 1909, ch 156, § 12; RC 1919, § 2464; SL 1927, ch 135, § 2; SDC 1939 & Supp 1960, § 37.2815.

Nearby Sections

15
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Bluebook (online)
South Dakota § 21-18-30, Counsel Stack Legal Research, https://law.counselstack.com/statute/sd/21-18-30.