South Dakota § 44-9-39 Postponement of trial of foreclosure action--Omitted parties--Lien claim not due--Allowance of present worth of claim.

South Dakota Statutes

§ 44-9-39 — Postponement of trial of foreclosure action--Omitted parties--Lien claim not due--Allowance of present worth of claim.

South Dakota § 44-9-39

Title 44LIENS

Ch. 44-9MECHANICS' AND MATERIALMEN'S LIENS

This text of South Dakota § 44-9-39 (Postponement of trial of foreclosure action--Omitted parties--Lien claim not due--Allowance of present worth of claim.) 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 § 44-9-39 (2026).

Text

If upon the trial of such action, or at any time before the rendition of final judgment therein, it shall appear to the satisfaction of the court that a proper party who may still be brought in has been omitted, or that any party then entitled to answer has not yet appeared, or that for any other reason the trial or judgment should be delayed, or the judgment as ordered or entered be modified, the court may postpone the trial, or make such other or further order in the premises as shall be just, and if it be found that any indebtedness for which a lien is demanded be not then due, the same shall be allowed for the amount of its present worth.

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If upon the trial of such action, or at any time before the rendition of final judgment therein, it shall appear to the satisfaction of the court that a proper party who may still be brought in has been omitted, or that any party then entitled to answer has not yet appeared, or that for any other reason the trial or judgment should be delayed, or the judgment as ordered or entered be modified, the court may postpone the trial, or make such other or further order in the premises as shall be just, and if it be found that any indebtedness for which a lien is demanded be not then due, the same shall be allowed for the amount of its present worth.