South Dakota Codified Laws 44-9-39. Postponement of trial of foreclosure action–Omitted parties–Lien claim not due–Allowance of present worth of claim
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If upon the trial of such action, or at any time before the rendition of final judgment therein, it shall appear to the satisfaction of the court that a proper party who may still be brought in has been omitted, or that any party then entitled to answer has not yet appeared, or that for any other reason the trial or judgment should be delayed, or the judgment as ordered or entered be modified, the court may postpone the trial, or make such other or further order in the premises as shall be just, and if it be found that any indebtedness for which a lien is demanded be not then due, the same shall be allowed for the amount of its present worth.
Terms Used In South Dakota Codified Laws 44-9-39
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Lien: A claim against real or personal property in satisfaction of a debt.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
Source: SL 1913, ch 263, § 13; RC 1919, § 1655; SDC 1939, § 39.0718.