15-21-6. Action joining officer's surety as party to judgment--Officer's property applied first.
Each and every surety of any sheriff or other officer may be made a party to the judgment rendered as aforesaid against the sheriff or other officer by action to be commenced and prosecuted as in other cases; but the property, personal or real, of any such surety shall not be liable to be taken on execution when sufficient property of the sheriff or other officer against whom execution may be issued can be found to satisfy the same.
Source: SDC 1939 & Supp 1960, ยง33.2505.
Structure South Dakota Codified Laws
Chapter 21 - Amercement Of Officers
Section 15-21-1 - Grounds for amercement of officer directed to execute writ--Amount of amercement.
Section 15-21-2 - Amercement of clerk for failure to pay over money received.
Section 15-21-4 - Amount of amercement on refusal to pay over money collected.
Section 15-21-5 - Entry of amercements on court record--Effect as judgment.