A joint tort-feasor is not entitled to a money judgment for contribution until he has by payment discharged the common liability or has paid more than his pro rata share thereof.
S.D. Codified Laws § 15-8-13
Discharge of liability or payment of excess required for judgment for contribution to joint tort-feasor
Applied in 2 court decisions — leading case City of Lemmon v. United States Fidelity & Guaranty Co. (1980)
Most recently applied in Whiting v. Hoffine (July 1980)
Source: SL 1945, ch 167, § 2; SDC Supp 1960, § 33.04A03 (2).
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.