If an action be against defendants jointly indebted upon contract, the plaintiff may proceed against the defendant served unless the court otherwise direct; and if he recover judgment, it may be entered against all the defendants thus jointly indebted so far only as that it may be enforced against the joint property of all, and the separate property of the defendants served and if they are subject to arrest, against the persons of the defendants served.
S.D. Codified Laws § 15-8-2
Proceeding against defendant served in action on joint contract debt--Judgment entered against all defendants--Enforcement of judgment
Applied in 1 court decision — leading case Foster Lumber Co., Inc. v. Glad (1981)
Most recently applied in Foster Lumber Co., Inc. v. Glad (April 1981)
Source: SDC 1939 & Supp 1960, § 33.0818 (1).
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.