South Dakota Codified Laws
Chapter 08 - Remedies On Joint Liability
Section 15-8-4 - Summons to enforce judgment against joint contract debtors not summoned in original action.

15-8-4. Summons to enforce judgment against joint contract debtors not summoned in original action.
When a judgment shall be recovered against one or more of several persons jointly indebted upon a contract, by proceeding as provided in §§15-8-1 to 15-8-3, inclusive, those who were not originally summoned to answer the complaint, and did not appear in the action, may be summoned to show cause why they should not be bound by the judgment, in the same manner as if they had been originally summoned.

Source: SDC 1939 & Supp 1960, §33.2301.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 15 - Civil Procedure

Chapter 08 - Remedies On Joint Liability

Section 15-8-1 - Remedies available where some but not all defendants served.

Section 15-8-2 - Proceeding against defendant served in action on joint contract debt--Judgment entered against all defendants--Enforcement of judgment.

Section 15-8-3 - Enforcement of unsatisfied judgment against partner not named in original action--Restriction to one satisfaction.

Section 15-8-4 - Summons to enforce judgment against joint contract debtors not summoned in original action.

Section 15-8-5 - Contents and service of summons to enforce judgment against joint contract debtor.

Section 15-8-6 - New complaint not required to enforce judgment against joint contract debtor--Affidavit of nonsatisfaction.

Section 15-8-7 - Defenses available to joint contract debtor summoned for enforcement of judgment.

Section 15-8-8 - Reply and trial of issues on summons to enforce judgment against joint contract debtor.

Section 15-8-9 - Rules applicable to pleadings in summons to enforce judgment against joint contract debtor.

Section 15-8-10 - Supplementary judgment on summons of joint contract debtor--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 15-8-13 - Discharge of liability or payment of excess required for judgment for contribution to joint tort-feasor.

Section 15-8-14 - Joint tort-feasor not entitled to contribution to settlement unless liability extinguished.

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 15-8-15.2 - Determination of percentages of fault by trier of fact--Treatment of several persons as single party.

Section 15-8-16 - Joint tort-feasor not discharged by judgment against another.

Section 15-8-17 - Joint tort-feasor not discharged by release of another--Claim reduced by amount stated in release.

Section 15-8-18 - Restrictions on discharge from contribution obligation by release given by injured party.

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.