21-17A-27. Delivery of property on judgment for defendant--Action on plaintiff's bond.
If the defendant recovers judgment, all the money or property held by any writ of attachment shall be delivered to him, subject to the plaintiff's rights on appeal, and he may maintain an action on the plaintiff's bond for the assessed damages sustained by reason of the writ of attachment. Upon the entry of final judgment in favor of the defendant or on satisfaction of a plaintiff's judgment, if real estate was attached, the fact of such judgment or satisfaction shall be recorded by the prevailing party with the register of deeds in any county in which attached lands are situated.
Source: SL 1983, ch 168, ยง27; SL 1987, ch 162.
Structure South Dakota Codified Laws
Chapter 17A - Attachment Of Property
Section 21-17A-1 - Attachment by creditor.
Section 21-17A-2 - Issuance and direction of writ--Contents.
Section 21-17A-3 - Affidavit required for execution in debt action--Contents.
Section 21-17A-4 - Affidavit required for execution in tort action--Contents.
Section 21-17A-6 - Amendment of affidavit.
Section 21-17A-8 - Additional security--Application by defendant--Joint sureties.
Section 21-17A-9 - Return--Papers filed--Time allowed.
Section 21-17A-11 - Seizure of property.
Section 21-17A-12 - Real property attached by filing.
Section 21-17A-13 - Property subject to attachment--Personal property.
Section 21-17A-14 - Indemnification--Officer requiring.
Section 21-17A-15 - Sale of attached property--Grounds--Proceeds held in lieu of property.
Section 21-17A-16 - Keeping of property by officer--Collections--Legal proceedings.
Section 21-17A-17 - Defendant's bond for release from attachment--Justification of sureties.
Section 21-17A-19 - Modification of writ--Notice of motion--Combining motions.
Section 21-17A-20 - Motion to quash writ and release property--Service of notice of motion.
Section 21-17A-21 - Contents of notice of motion--Affidavit--Grounds.
Section 21-17A-22 - Hearing on motion--Order of court.
Section 21-17A-23 - Basis of determination--Additional evidence--Continuance.
Section 21-17A-24 - Priority of hearing on motion to quash.
Section 21-17A-25 - Findings and order of court on hearing--Costs taxed--Damages assessed at trial.
Section 21-17A-26 - Judgment for damages to defendant.
Section 21-17A-27 - Delivery of property on judgment for defendant--Action on plaintiff's bond.
Section 21-17A-28 - Satisfaction of judgment for plaintiff--Delivery of remaining property.
Section 21-17A-30 - Death of defendant--Satisfaction of judgment for plaintiff.
Section 21-17A-31 - Third party's property--Application for release.