The general remedy by damages does not include exemplary or penal damages nor interest on any damages unless expressly provided by statute.
S.D. Codified Laws § 21-1-4
Exemplary or penal damages only as provided--Interest on damages
Applied in 15 court decisions — leading case Golden v. Oahe Enterprises, Inc. (1976)
Most recently applied in Fluth v. Schoenfelder Constr., Inc. (August 2018)
Source: CivC 1877, § 1983; CL 1887, § 4616; RCivC 1903, § 2328; RC 1919, § 2000; SDC 1939 & Supp 1960, § 37.1705.
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.