Section 21-18-22 - Notice to plaintiff of defendant's undertaking--Exceptions and justification bysureties--Discharge of garnishees and return of property. - South Dakota Statutes

21-18-22. Notice to plaintiff of defendant's undertaking--Exceptions and justification by sureties--Discharge of garnishees and return of property. The defendant shall serve on the plaintiff a copy of the undertaking filed pursuant to § 21-18-21 with a notice where and when the same was filed. Within three days after the receipt thereof the plaintiff shall give notice to the defendant that he excepts to the sufficiency of the sureties, or he shall be deemed to have waived all objections to them. When the plaintiff excepts, the sureties shall justify in like manner as upon bail on arrest. Thereafter all the garnishees shall be discharged and the garnishment proceedings shall be deemed discontinued, and any money or property paid or delivered to any officer shall be surrendered to the person entitled thereto and the costs shall be taxable as disbursements of the plaintiff in the principal action, if he recovers.

Source: SL 1909, ch 156, § 20; RC 1919, § 2473; SDC 1939 & Supp 1960, § 37.2808.