15-18-12. Execution directing application of principal debtor's property before that of surety.
In all cases where judgment is rendered upon any instrument in writing in which two or more persons are severally bound, and it shall be made to appear to the court, by parol or other testimony, that one or more of said persons so bound signed the same as surety or bail for his codefendant, the court must in entering the judgment thereon state which of the defendants is principal debtor and which are sureties or bail. An execution issued on such judgment must command the sheriff or other officer to cause the money to be made out of the property of the principal debtor, but, for want of sufficient property of the principal debtor to make the same, to cause the same to be made out of the property of the surety or bail. In all cases the property, both real and personal, of the principal debtor, within the jurisdiction of the court must be exhausted before any of the property of the surety or bail shall be taken in execution.
Source: SDC 1939 & Supp 1960, ยง33.1905.
Structure South Dakota Codified Laws
Chapter 18 - Execution Of Judgments
Section 15-18-1 - Writ of execution permitted within twenty years after judgment.
Section 15-18-3 - Order and cause of arrest required for execution against person of debtor.
Section 15-18-5 - Signature, attestation, and sealing of writ of execution--Officer defined.
Section 15-18-6 - Reference in writ to judgment and record information.
Section 15-18-7 - Direction in writ to satisfy judgment from debtor's property.
Section 15-18-8.1 - Execution upon bank asset.
Section 15-18-9 - Direction in writ to arrest and commit debtor.
Section 15-18-11 - Judgment included in writ requiring sale of property.
Section 15-18-14 - Power of officer to execute writ according to terms.
Section 15-18-16 - Payment by debtor to officer holding execution--Officer's receipt as discharge.
Section 15-18-17 - Property subject to levy on execution.
Section 15-18-18 - Levy not required for sale of property taken by earlier process.
Section 15-18-19 - Money under control of court applied to satisfaction by terms of judgment.
Section 15-18-20 - Levy on personal property capable of manual delivery.
Section 15-18-21 - Levy on judgment--Notice to parties.
Section 15-18-22 - Levy on real property--Recording of notice.
Section 15-18-23 - Levy on personal property which cannot be moved--Recording of notice.
Section 15-18-24 - Levy on domestic animals running at large--Notice to person in possession.
Section 15-18-25 - Receipt, entry and indexing of notices filed with register of deeds.
Section 15-18-27 - Levy on other personal property or demand.
Section 15-18-29 - Additional levies if amount produced on sale insufficient.
Section 15-18-30 - Levy as lien on personal property.
Section 15-18-32 - Abandonment of execution--Discharge of levies--Subsequent executions.
Section 15-18-33 - Partial abandonment of execution--Subsequent executions.
Section 15-18-34 - Collection or sale of property levied on.
Section 15-18-35 - Money and receivables appropriated to judgment without sale.
Section 15-18-36 - Receivables subject to sale or appropriation--Assignment and delivery by officer.
Section 15-18-37 - Levy continues against property unsold--New sale or new execution.
Section 15-18-38 - Payment of execution proceeds to judgment creditor.
Section 15-18-39 - Surplus applied to other executions against debtor.
Section 15-18-40 - Surplus deposited in court--Notice to debtor.
Section 15-18-41 - Time of return of execution--Extension where levy made.
Section 15-18-42 - Contents and verification of return of execution.