Section 44-9-30 – Consolidations of actions for foreclosure of liens upon same property–Order of court–Rights of parties protected.
44-9-30. Consolidations of actions for foreclosure of liens upon same property–Order of court–Rights of parties protected. If more than one action shall be commenced in good faith for foreclosure of liens upon the same property, all shall be consolidated and tried as one, under such order of the court as may best protect the rights […]
Section 44-9-31 – Pleadings in action to foreclose lien–Bill of particulars to be attached, verification–Further account may be required by court–Pleading stricken and claim disallowed for failure to file particulars.
44-9-31. Pleadings in action to foreclose lien–Bill of particulars to be attached, verification–Further account may be required by court–Pleading stricken and claim disallowed for failure to file particulars. Each lien holder shall attach to and file with his complaint or answer a bill of the items of his claim, verified by the oath of some […]
Section 44-9-32 – Pleadings in action to foreclose lien–Denial of averments of answer.
44-9-32. Pleadings in action to foreclose lien–Denial of averments of answer. All averments of the answer shall be deemed denied without further pleading. Source: SL 1913, ch 263, §10; SL 1917, ch 295, §3; RC 1919, §1652; SDC 1939, §39.0716.
Section 44-9-23 – Enforcement of lien–Venue of action–Commencement and conduct of proceedings.
44-9-23. Enforcement of lien–Venue of action–Commencement and conduct of proceedings. The lien may be enforced by action in the circuit court of the county in which the improved premises or some part thereof are situated, or of the county to which such county is attached for judicial purposes, or, if claimed under subdivision 44-9-1(2), of […]
Section 44-9-24 – Six-year limitation to enforce lien–Cancellation of expired lien.
44-9-24. Six-year limitation to enforce lien–Cancellation of expired lien. No lien may be enforced in any case unless the holder of the lien asserts the lien, either by complaint or answer, within six years after the date of the last item of the lien holder’s claim as set forth in the filed and entered lien […]
Section 44-9-25 – Parties to action to foreclose lien–Admission of lien holder not named as defendant–Joinder of plaintiffs.
44-9-25. Parties to action to foreclose lien–Admission of lien holder not named as defendant–Joinder of plaintiffs. The action to foreclose the lien may be commenced by any lien holder who has filed his lien statement as required in this chapter, and all other such lien holders who are not joined with him as plaintiffs shall […]
Section 44-9-26 – Forfeiture of lien for failure to commence suit upon demand–Cancellation by register of deeds.
44-9-26. Forfeiture of lien for failure to commence suit upon demand–Cancellation by register of deeds. Upon written demand by the owner, the owner’s agent, or contractor, served on any person holding a lien, requiring the person to commence suit to enforce the lien, the person shall commence suit within thirty days after such service or […]
Section 44-9-27 – Action to enforce lien–Commencement–Issuance of summons–Filing of complaint.
44-9-27. Action to enforce lien–Commencement–Issuance of summons–Filing of complaint. The action shall be commenced by issue of a summons and filing complaint in the office of the clerk of courts. Source: SDC 1939, §39.0716.
Section 44-9-28 – Notice of pendency of action to enforce lien–Necessity for filing–Intervention of other lien claimants.
44-9-28. Notice of pendency of action to enforce lien–Necessity for filing–Intervention of other lien claimants. At the beginning of the action the plaintiff shall file for record with the register of deeds of the county in which the action is pending and of the several counties into which the utility extends, if the lien is […]
Section 44-9-29 – Enforcement of lien–Application to make all interested persons parties–Order of court, publication–Rights barred by failure to appear and assert claim.
44-9-29. Enforcement of lien–Application to make all interested persons parties–Order of court, publication–Rights barred by failure to appear and assert claim. Upon the application of the plaintiff, or anyone claiming an interest in the property, the court may make an order requiring all persons claiming any interest in the property or lien thereon to appear […]