15-8-3. Enforcement of unsatisfied judgment against partner not named in original action--Restriction to one satisfaction.
If the name of one or more partners shall, for any cause, have been omitted in any action in which judgment shall have been taken against the defendants named in the summons and such omission shall not have been pleaded in such action, the plaintiff, in case the judgment therein shall remain unsatisfied, may by action recover of such partner separately upon proving his joint liability, notwithstanding he may not have been named in the original action; but the plaintiff shall have satisfaction of only one judgment rendered for the same cause of action.
Source: SDC 1939 & Supp 1960, ยง33.0818 (4).
Structure South Dakota Codified Laws
Chapter 08 - Remedies On Joint Liability
Section 15-8-1 - Remedies available where some but not all defendants served.
Section 15-8-5 - Contents and service of summons to enforce judgment against joint contract debtor.
Section 15-8-7 - Defenses available to joint contract debtor summoned for enforcement of judgment.
Section 15-8-11 - Joint tort-feasors--Definition of term.
Section 15-8-12 - Right of contribution among joint tort-feasors.
Section 15-8-15 - Degrees of fault of joint tort-feasors considered in determining liability.
Section 15-8-15.1 - Liability of party allocated less than fifty percent of total fault.
Section 15-8-16 - Joint tort-feasor not discharged by judgment against another.
Section 15-8-19 - Indemnity rights not impaired by joint tort-feasor provisions.
Section 15-8-20 - Severability of joint tort-feasor provisions.
Section 15-8-22 - Citation of uniform tort-feasor provisions.