21-18-40. Judgment not entered against state as garnishee--Summons of state operating as assignment.No judgment shall be entered against the State of South Dakota, nor shall any actual liability be incurred by the state in any garnishment proceeding. Any judgment entered against the principal defendant when the state is garnishee shall be paid only out of moneys due such principal defendant at the time of the service of the summons in garnishment and service of such summons on the state shall be of the same force and effect only as an assignment of the sum claimed or as much thereof as may be due the defendant from the state. Source: SL 1927, ch 135, §3; SDC 1939 & Supp 1960, §37.2817.
South Dakota Legal Code