40-28-22. Dismissal of action when defendant is not owner or person in charge of animals--Treatment as estrays.

If upon the trial of an action brought under § 40-28-18 it appears that the defendant is not the owner or person in charge of such offending animal or animals, the action shall be dismissed, and such animal or animals shall be held and considered as estrays and the person claiming damage shall be governed by the provisions of this code relating to estrays.

Source: CCivP 1877, § 752; SL 1885 (Spec. Laws), ch 17, § 10; CL 1887, § 5574; RCCivP 1903, §§ 822, 835; SL 1907, ch 244, § 6; SL 1917, ch 372, § 1; RC 1919, § 2926; SDC 1939 & Supp 1960, § 37.2405.