South Dakota § 40-28-22 Dismissal of action when defendant is not owner or person in charge of animals--Treatment as estrays.

South Dakota Statutes

§ 40-28-22 — Dismissal of action when defendant is not owner or person in charge of animals--Treatment as estrays.

South Dakota § 40-28-22

Title 40ANIMALS AND LIVESTOCK

Ch. 40-28DAMAGE BY ANIMALS TRESPASSING OR RUNNING AT LARGE

This text of South Dakota § 40-28-22 (Dismissal of action when defendant is not owner or person in charge of animals--Treatment as estrays.) 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 § 40-28-22 (2026).

Text

If upon the trial of an action brought under § 40-28-18 it appears that the defendant is not the owner or person in charge of such offending animal or animals, the action shall be dismissed, and such animal or animals shall be held and considered as estrays and the person claiming damage shall be governed by the provisions of this code relating to estrays.

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Legislative History

CCivP 1877, § 752; SL 1885 (Spec. Laws), ch 17, § 10; CL 1887, § 5574; RCCivP 1903, §§ 822, 835; SL 1907, ch 244, § 6; SL 1917, ch 372, § 1; RC 1919, § 2926; SDC 1939 & Supp 1960, § 37.2405.