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.

Terms Used In South Dakota Codified Laws 21-17A-27

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Property: includes property, real and personal. See South Dakota Codified Laws 2-14-2
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.

Source: SL 1983, ch 168, § 27; SL 1987, ch 162.

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