Section 44-9-37 – Compensation of receiver fixed by court.
44-9-37. Compensation of receiver fixed by court. The compensation of the receiver shall be fixed at a reasonable daily rate by order of the court for each day that the receiver is actually engaged in the performance of his duties. Source: SL 1909, ch 51, §8; SL 1915, ch 243, §8; RC 1919, §1638; SDC […]
Section 44-9-38 – General power of court to appoint receiver not abridged.
44-9-38. General power of court to appoint receiver not abridged. Nothing in §§44-9-34 to 44-9-37, inclusive, shall abridge the power of the court otherwise to appoint a receiver under the provisions of chapter 21-21. Source: SDC 1939, §39.0717.
Section 44-9-40 – Judgment for lien holder–Amount demanded and proved–Costs fixed by court–Excluded from lien of other property.
44-9-40. Judgment for lien holder–Amount demanded and proved–Costs fixed by court–Excluded from lien of other property. Judgment shall be given in favor of each lien holder for the amount demanded and proved by him, with costs and disbursements to be fixed by the court at the trial, and such amount shall not be included in […]
Section 44-9-41 – Foreclosure of lien–Taxation of costs–Sum allowed for preparation and filing of lien statement and account.
44-9-41. Foreclosure of lien–Taxation of costs–Sum allowed for preparation and filing of lien statement and account. The clerk of the courts shall tax the same costs as are allowed in foreclosures of real estate mortgages. The lien claimant shall be entitled to tax as costs, in addition to all other costs allowed by law, the […]
Section 44-9-42 – Foreclosure of lien–Allowance of fees and expenses, attorneys, receivers, exception.
44-9-42. Foreclosure of lien–Allowance of fees and expenses, attorneys, receivers, exception. The court shall have authority in its discretion to allow such attorney’s fees and receiver’s fees and other expenses as to it may seem warranted and necessary according to the circumstances of each case, and except as otherwise specifically provided in this chapter. Source: […]
Section 44-9-43 – Payment of judgment by lien holder personally indebted for amount of lien–Subrogation to rights of person so paid.
44-9-43. Payment of judgment by lien holder personally indebted for amount of lien–Subrogation to rights of person so paid. If, after judgment, a lien holder who is personally indebted for the amount of any lien so adjudged in favor of another shall pay such indebtedness, he shall thereby become subrogated to the rights of the […]
Section 44-9-44 – Judgment of sale to satisfy all liens–Manner of sale–Rights of persons which are paramount to liens–Proceeds of sale, distribution by officer making sale.
44-9-44. Judgment of sale to satisfy all liens–Manner of sale–Rights of persons which are paramount to liens–Proceeds of sale, distribution by officer making sale. The judgment shall direct a sale of the real estate or other property for the satisfaction of all liens charged thereon, and the manner of such sale, subject to the rights […]
Section 44-9-45 – Judgment of sale to satisfy all liens–Right of redemption–Leasehold having not more than two years to run–Interest of vendee under executory contract of sale.
44-9-45. Judgment of sale to satisfy all liens–Right of redemption–Leasehold having not more than two years to run–Interest of vendee under executory contract of sale. If the estate sold be a leasehold having not more than two years to run, or be the interest of a vendee under an executory contract of sale the conditions […]
Section 44-9-46 – Sale of improvements to satisfy all liens–Severance and removal from land.
44-9-46. Sale of improvements to satisfy all liens–Severance and removal from land. If, without material injury to the building or other improvement to which the lien holder has contributed, the same can be severed and removed from the land, the judgment, in the discretion of the court, may direct the sale of such improvement, with […]
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 […]