Section 21-18-20 - Demand by garnishee for complaint in principal action--Dismissal on failure to serve. - South-dakota Statutes

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21-18-20. Demand by garnishee for complaint in principal action--Dismissal on failure to serve. If the plaintiff shall not within ten days after demand serve upon the garnishee or his attorney, except in case of garnishment upon execution, a copy of the complaint showing the amount of the indebtedness of the defendant in the action to the plaintiff, the proceedings against the garnishee shall be dismissed on motion of the garnishee with costs, unless the court or a judge shall in its discretion and upon terms permit the same to stand.

Source: SL 1909, ch 156, § 7; RC 1919, § 2459; SDC 1939 & Supp 1960, § 37.2806.

State Codes and Statutes

Statutes > South-dakota > Title-21 > Chapter-18 > Statute-21-18-20

21-18-20. Demand by garnishee for complaint in principal action--Dismissal on failure to serve. If the plaintiff shall not within ten days after demand serve upon the garnishee or his attorney, except in case of garnishment upon execution, a copy of the complaint showing the amount of the indebtedness of the defendant in the action to the plaintiff, the proceedings against the garnishee shall be dismissed on motion of the garnishee with costs, unless the court or a judge shall in its discretion and upon terms permit the same to stand.

Source: SL 1909, ch 156, § 7; RC 1919, § 2459; SDC 1939 & Supp 1960, § 37.2806.

State Codes and Statutes

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State Codes and Statutes

Statutes > South-dakota > Title-21 > Chapter-18 > Statute-21-18-20

21-18-20. Demand by garnishee for complaint in principal action--Dismissal on failure to serve. If the plaintiff shall not within ten days after demand serve upon the garnishee or his attorney, except in case of garnishment upon execution, a copy of the complaint showing the amount of the indebtedness of the defendant in the action to the plaintiff, the proceedings against the garnishee shall be dismissed on motion of the garnishee with costs, unless the court or a judge shall in its discretion and upon terms permit the same to stand.

Source: SL 1909, ch 156, § 7; RC 1919, § 2459; SDC 1939 & Supp 1960, § 37.2806.