South Dakota § 21-18-40 Judgment not entered against state as garnishee--Summons of state operating as assignment.

South Dakota Statutes

§ 21-18-40 — Judgment not entered against state as garnishee--Summons of state operating as assignment.

South Dakota § 21-18-40

Title 21JUDICIAL REMEDIES

Ch. 21-18GARNISHMENT OF DEBTS AND PROPERTY

This text of South Dakota § 21-18-40 (Judgment not entered against state as garnishee--Summons of state operating as assignment.) 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 § 21-18-40 (2026).

Text

No judgment shall be entered against the State of South Dakota, nor shall any actual liability be incurred by the state in any garnishment proceeding. Any judgment entered against the principal defendant when the state is garnishee shall be paid only out of moneys due such principal defendant at the time of the service of the summons in garnishment and service of such summons on the state shall be of the same force and effect only as an assignment of the sum claimed or as much thereof as may be due the defendant from the state.

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No judgment shall be entered against the State of South Dakota, nor shall any actual liability be incurred by the state in any garnishment proceeding. Any judgment entered against the principal defendant when the state is garnishee shall be paid only out of moneys due such principal defendant at the time of the service of the summons in garnishment and service of such summons on the state shall be of the same force and effect only as an assignment of the sum claimed or as much thereof as may be due the defendant from the state.