There is a newer version of the South Dakota Codified Laws
2011 South Dakota Code
Title 21 JUDICIAL REMEDIES
Chapter 18. Garnishment Of Debts And Property
§21-18-30 Garnishee's answer conclusive unless issue taken--Trial of issues.
SD Codified L § 21-18-30 (through 2011) What's This?
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.
Source: SL 1909, ch 156, § 12; RC 1919, § 2464; SL 1927, ch 135, § 2; SDC 1939 & Supp 1960, § 37.2815.
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