South Dakota § 21-18-41 - Order for payment by state as garnishee after judgment against principal defendant--Service and payment by state auditor.
Full text of South Dakota South Dakota Codified Laws § 21-18-41 — Order for payment by state as garnishee after judgment against principal defendant--Service and payment by state auditor., with citation guidance and answers to common questions.
§ 21-18-41. Order for payment by state as garnishee after judgment against principal defendant--Service and payment by state auditor.
In all cases where judgment is obtained against the principal defendant and if in the opinion of the court in which the action is pending there are funds under the control of the state treasurer subject to garnishment, the court shall direct in its order or judgment that the state auditor shall issue his warrant for such part of the moneys in the state treasury which may be affected by said garnishment proceedings and the state auditor is hereby authorized upon the receipt of a certified copy of such judgment to issue his warrant for the amount specified in the judgment or such as may have been due to the principal defendant at the time of the service of the summons in garnishment. A certified copy of such judgment and order shall be served upon the principal defendant and the state auditor shall be authorized to issue his warrant as herein specified after ten days after the service of such order and the state auditor shall be thereby fully released from all liability on account of any irregularity or invalidity of the judgment against the principal defendant.
Source: SL 1927, ch 135, § 5; SDC 1939 & Supp 1960, § 37.2818.
Source: official South Dakota text · Last verified 2026-08-27
Frequently Asked Questions About South Dakota § 21-18-41
What does South Dakota Codified Laws § 21-18-41 cover?
Section 21-18-41 ("Order for payment by state as garnishee after judgment against principal defendant--Service and payment by state auditor.") is part of the South Dakota Codified Laws, the codified statutory law of South Dakota. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite South Dakota § 21-18-41?
A common citation format is "South Dakota Codified Laws § 21-18-41" (South Dakota). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of South Dakota law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the South Dakota official source linked on this page or consult a licensed South Dakota attorney.
How does South Dakota § 21-18-41 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in South Dakota can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in South Dakota.