Actions to enforce or determine lien--Parties to action--Assertion of lien by answer
Applied in 1 court decision — leading case 341 F. Supp. 707 - City of Vermillion, SD v. Stan Houston Equipment Co. (1972)
Most recently applied in 341 F. Supp. 707 - City of Vermillion, SD v. Stan Houston Equipment Co. (April 1972)
Source: SL 1895, ch 133, § 4; RCCivP 1903, § 716; RC 1919, § 1663; SDC 1939, § 39.0904.
Any person having such lien may bring an action to enforce the same in the circuit court for the county where the work or improvement or any part thereof shall be situated. Actions may likewise be commenced to determine such lien by the public body or the contractor. The plaintiff in any such action must make all persons who shall have filed liens, the contractor, and the public body parties thereto.
Any person claiming a lien, if he be a defendant, may set forth such lien by answer.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.