South Dakota Statutes
§ 21-18-30 — Garnishee's answer conclusive unless issue taken--Trial of issues.
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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South Dakota § 21-18-30 (Garnishee's answer conclusive unless issue taken--Trial of issues.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
Related
Farmers State Bank v. Janish
410 N.W.2d 188 (South Dakota Supreme Court, 1987)
Karlen v. United States (In re Karlen)
885 F.2d 479 (Eighth Circuit, 1989)
Legislative History
SL 1909, ch 156, § 12; RC 1919, § 2464; SL 1927, ch 135, § 2; SDC 1939 & Supp 1960, § 37.2815.
Nearby Sections
15
§ 21-1-11
Repealed§ 21-1-13
Repealed§ 21-1-13.2
Application of interest statutes.§ 21-1-14
Liability of issuer of bad check for collection costs--Costs included in restitution award.§ 21-1-15
Definitions.§ 21-1-3
Damages to be reasonable.