21-15-11Qualifications and justification of plaintiff's sureties.

The qualifications of sureties and their justification shall be as prescribed in § 21-15-11.1, except that one personal surety, or a surety company authorized to do business in this state, or a cash deposit, shall be sufficient.

Source: CCivP 1877, § 183; CL 1887, § 4979; RCCivP 1903, § 191; RC 1919, § 2418; SDC 1939 & Supp 1960, § 37.3807; SL 1984, ch 159, § 6.




SDLRC - Codified Law 21-15-11 - Qualifications and justification of plaintiff's sureties.

21-15-11.1Qualifications of bail.

The qualifications of bail are as follows:

(1)    Each of them shall be a resident and freeholder within the State of South Dakota;

(2)    They shall each be worth double the amount of the undertaking, exclusive of property exempt from execution; but the court may allow more than one surety to justify severally in amounts less than that of the undertaking, if the whole justification is equivalent to that of two sufficient sureties.

Source: SL 1984, ch 159, § 7.