Judgment shall be given in favor of each lien holder for the amount demanded and proved by him, with costs and disbursements to be fixed by the court at the trial, and such amount shall not be included in the lien of any other party.
S.D. Codified Laws § 44-9-40
Judgment for lien holder--Amount demanded and proved--Costs fixed by court--Excluded from lien of other property
Applied in 5 court decisions — leading case Lytle v. Morgan (1978)
Most recently applied in Suvada v. Muller (December 2022)
Source: SL 1913, ch 263, § 13; RC 1919, § 1655; SDC 1939, § 39.0718.
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.