Sections 21-18-34, 21-18-35 - Payment to clerk by state as garnishee--Exoneration of state. Order to interplead adverse claimant disclosed by garnishee--Payment by garnishee and discharge--Service of
21-18-34. Payment to clerk by state as garnishee--Exoneration of state. The state auditor may, in his discretion, at any time, pay to the clerk of courts of the county in which the action is brought any moneys that may be due to the principal defendant or such part thereof as was determined or due at the time of the service of the summons in garnishment upon the state. Upon the payment of said money to the clerk of courts, or upon notification by registered or certified mail by the state auditor to the plaintiff or his attorney of the amount, if any, due the defendant, the state auditor or any other state official and the state shall be absolutely exonerated from all liability.
Source: SL 1927, ch 135, § 5; SDC 1939 & Supp 1960, § 37.2816.