Section 15-18-10 – Directions in writ on judgment for delivery of personal property–Recovery of costs and damages.
15-18-10. Directions in writ on judgment for delivery of personal property–Recovery of costs and damages. An execution issued upon a judgment for the delivery of the possession of personal property shall substantially require the officer to deliver the possession of the same, particularly describing it, to the party entitled thereto; and may, at the same […]
Section 15-18-11 – Judgment included in writ requiring sale of property.
15-18-11. Judgment included in writ requiring sale of property. If it be in execution of a judgment requiring the sale of specific property, an execution shall include a copy of the judgment or the material parts thereof. Source: SDC 1939 & Supp 1960, §33.1904 (5).
Section 15-18-12 – Execution directing application of principal debtor’s property before that of surety.
15-18-12. Execution directing application of principal debtor’s property before that of surety. In all cases where judgment is rendered upon any instrument in writing in which two or more persons are severally bound, and it shall be made to appear to the court, by parol or other testimony, that one or more of said persons […]
Section 15-18-13 – Officer to whom execution issued–Issue at same time in different counties–Real property sold in county where it lies.
15-18-13. Officer to whom execution issued–Issue at same time in different counties–Real property sold in county where it lies. When the execution is against the property of the judgment debtor, it may be issued to an officer of any county where the judgment is docketed, but it must be issued from the county where the […]
Section 15-18-14 – Power of officer to execute writ according to terms.
15-18-14. Power of officer to execute writ according to terms. When a writ, warrant, or execution is placed in the hands of an officer, he shall have power and authority to execute the same according to its mandate and the law, and he shall be required to do so. Source: SDC 1939 & Supp 1960, […]
Section 15-18-15 – Endorsement of receipt of writ by officer–Diligent execution–Return of execution.
15-18-15. Endorsement of receipt of writ by officer–Diligent execution–Return of execution. When a writ, warrant, or execution is delivered to any officer he must endorse thereon the day and hour when he receives it. He must proceed to execute the same with diligence. If executed, an exact description of the property seized with the date […]
Section 15-18-1 – Writ of execution permitted within twenty years after judgment.
15-18-1. Writ of execution permitted within twenty years after judgment. The party in whose favor judgment has been given, or, in case of his death or disability or incapacity, his personal representative may, at any time within twenty years after the entry of judgment, proceed to enforce the same by writ of execution, as provided […]
Section 15-18-3 – Order and cause of arrest required for execution against person of debtor.
15-18-3. Order and cause of arrest required for execution against person of debtor. No execution shall issue against the person of a judgment debtor unless an order of arrest has been served as provided in this code, or unless the complaint contains a statement of facts showing one or more of the causes of arrest […]
Section 15-18-4 – Directions in writ to enforce judgment requiring sale of property–Issue to referee, sheriff or constable.
15-18-4. Directions in writ to enforce judgment requiring sale of property–Issue to referee, sheriff or constable. When a judgment requires the sale of property described therein, the same may be enforced by a writ reciting such judgment, or the material parts thereof, and directing the proper officer to execute the judgment by making the sale […]
Section 15-18-5 – Signature, attestation, and sealing of writ of execution–Officer defined.
15-18-5. Signature, attestation, and sealing of writ of execution–Officer defined. The writ of execution shall be issued in the name of the State of South Dakota, attested in the name of the judge or the presiding judge, if there is one, sealed with the seal of the court, and subscribed by the clerk, and directed […]