Section 21-26-6 – Execution on judgment.
21-26-6. Execution on judgment. Execution may be issued and enforced on the judgment in the same manner as upon judgments in other cases in such court. Source: CCivP 1877, §717; CL 1887, §5539; RCCivP 1903, §786; RC 1919, §3025; Supreme Court Rule 555, 1939; SDC 1939 & Supp 1960, §37.0303.
Section 21-26-7 – Execution for installment payments–Judgment and execution for later installments.
21-26-7. Execution for installment payments–Judgment and execution for later installments. When the debt for which the judgment is recovered is not all due, or is payable in installments and the installments are not all due, the execution may issue upon such judgment for the collection of such installments as have become due, and shall be […]
Section 21-26-1 – Causes for which judgment may be docketed.
21-26-1. Causes for which judgment may be docketed. A judgment by confession may be docketed, either for money due or to become due, or to secure any person against contingent liability on behalf of the defendant, or both, in the manner prescribed by this chapter. Source: CCivP 1877, §715; CL 1887, §5537; RCCivP 1903, §784; […]
Section 21-26-2 – Defendant’s verified statement–Amount of judgment and authorization included.
21-26-2. Defendant’s verified statement–Amount of judgment and authorization included. A statement in writing must be made, signed by the defendant, and verified by his oath. It must state the amount for which judgment may be entered, and authorize the entry of judgment therefor. Source: CCivP 1877, §716, subdiv 1; CL 1887, §5538, subdiv 1; RCCivP […]
Section 21-26-3 – Facts included in defendant’s statement on judgment for money due or to become due.
21-26-3. Facts included in defendant’s statement on judgment for money due or to become due. If the judgment to be confessed be for money due or to become due, the defendant’s verified statement must state concisely the facts out of which the debt arose, and must show that the sum confessed therefor is justly due, […]
Section 21-26-4 – Facts stated in defendant’s statement on judgment to secure against contingent liability.
21-26-4. Facts stated in defendant’s statement on judgment to secure against contingent liability. If the judgment to be confessed be for the purpose of securing the plaintiff against a contingent liability, the defendant’s verified statement must state concisely the facts constituting the liability, and must show that the sum confessed therefor does not exceed the […]
Section 21-26-5 – Presentation of defendant’s statement–Notice and hearing.
21-26-5. Presentation of defendant’s statement–Notice and hearing. The defendant’s verified statement shall be presented to the court or a judge thereof, and if, after notice and hearing, which may not be waived, it is found sufficient, the court or judge shall render judgment accordingly, whereupon it may be filed in the office of the clerk […]