South Dakota Codified Laws 40-28-24. Judgment against plaintiff when no damage sustained
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If it shall appear upon the trial of an action under the provisions of this chapter that no damage was sustained, judgment shall be rendered against the plaintiff for cost of suit and damage sustained by defendant.
Terms Used In South Dakota Codified Laws 40-28-24
- 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.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
Source: CCivP 1877, § 751; CL 1887, § 5573; RCCivP 1903, § 821; SL 1907, ch 244, § 5; RC 1919, § 2925; SDC 1939 & Supp 1960, § 37.2406.