South Dakota Codified Laws 15-8-3. Enforcement of unsatisfied judgment against partner not named in original action–Restriction to one satisfaction
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If the name of one or more partners shall, for any cause, have been omitted in any action in which judgment shall have been taken against the defendants named in the summons and such omission shall not have been pleaded in such action, the plaintiff, in case the judgment therein shall remain unsatisfied, may by action recover of such partner separately upon proving his joint liability, notwithstanding he may not have been named in the original action; but the plaintiff shall have satisfaction of only one judgment rendered for the same cause of action.
Terms Used In South Dakota Codified Laws 15-8-3
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Summons: Another word for subpoena used by the criminal justice system.
Source: SDC 1939 & Supp 1960, § 33.0818 (4).