Default judgment for adverse claimant--Trial of issues on adverse claim.

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  5. Default judgment for adverse claimant--Trial of issues on adverse claim.

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21-18-38. Default judgment for adverse claimant--Trial of issues on adverse claim.

If no answer is made pursuant to §21-18-37, the claimant shall be entitled to default judgment as in ordinary cases of failure to answer.

If issue be raised upon such claim, the court shall determine the order of trial and procedure at the commencement of the trial or upon motion of any party prior thereto.

Source: SL 1909, ch 156, §15; RC 1919, §2468; SDC 1939 & Supp 1960, §37.2824.


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