There is a newer version of the South Dakota Codified Laws
2011 South Dakota Code
Title 40 ANIMALS AND LIVESTOCK
Chapter 28. Damage By Animals Trespassing Or Running At Large
§40-28-22 Dismissal of action when defendant is not owner or person in charge of animals--Treatment as estrays.
SD Codified L § 40-28-22 (through 2011) What's This?
40-28-22. Dismissal of action when defendant is not owner or person in charge of animals--Treatment as estrays. 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.
Source: 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.
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