44-9-12. Amount due from contractor to creditor--Recovery from owner.
The amount which may be due from any contractor to his creditor may be recovered from said owner by the creditor of said contractor, in any action at law, to the extent and value of any balance due by the owner to his contractor under the contract with him, at the time of the notice first given as provided in §44-9-10, or subsequently, according to such contract or under the same.
Source: SL 1879, ch 41, §4; CL 1887, §2042; RPolC 1903, §2576; SL 1909, ch 51, §4; SL 1915, ch 243, §4; RC 1919, §1634; SDC 1939, §39.0705.