South Dakota Codified Laws 47-16-38. Expenses of maintaining action–Disposition of proceeds
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If anything is recovered or obtained as the result of an action instituted or maintained in the right of any association by any member or stockholder, whether by means of compromise and settlement or by a judgment, the court may, out of the proceeds of the action, award the plaintiff the reasonable expenses of maintaining the action, including reasonable attorney’s fees, and may direct the plaintiff to account to the cooperative for the remainder of such proceeds.
Terms Used In South Dakota Codified Laws 47-16-38
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
Source: SDC 1939, § 11.1153 (3) as enacted by SL 1965, ch 23, § 1.