Execution for installment payments--Judgment and execution for later installments.

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21-26-7. Execution for installment payments--Judgment and execution for later installments.

When the debt for which the judgment is recovered is not all due, or is payable in installments and the installments are not all due, the execution may issue upon such judgment for the collection of such installments as have become due, and shall be in the usual form, but shall have endorsed thereon, by the attorney or person issuing the same, a direction to the sheriff to collect the amount due on such judgment, with interest and costs, which amount shall be stated, with interest thereon, and the costs of said judgment. Notwithstanding the issue and collection of such execution, the judgment shall remain as security for the installments thereafter to become due, and whenever any further installments become due, execution may in like manner be issued for the collection and enforcement of the same.

Source: CCivP 1877, §717; CL 1887, §5539; RCCivP 1903, §786; RC 1919, §3025; Supreme Court Rule 555, 1939; SDC 1939 & Supp 1960, §37.0303.


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