15-9-22. Time allowed for defense after service by publication--Time after judgment--Restitution on successful defense.
The defendant against whom publication is ordered or his representatives on application and sufficient cause shown at any time before judgment must be allowed to defend the action; and, except in an action for divorce, the defendant against whom publication is ordered or his representatives may, in like manner, upon good cause shown be allowed to defend after judgment or at any time within one year after notice thereof and within seven years after its rendition on such terms as may be just; and if the defense be successful and the judgment or any part thereof has been collected or otherwise enforced, such restitution may thereupon be compelled as the court directs; but the title to property sold under such judgment to a purchaser in good faith shall not be thereby affected.
Source: SDC 1939 & Supp 1960, ยง33.0815.
Structure South Dakota Codified Laws
Chapter 09 - Commencement Of Actions And Service Of Process
Section 15-9-1 - Security for costs required of nonresident plaintiff.
Section 15-9-2 - Resident required as surety--Corporate bond--Deposit of cash.
Section 15-9-3 - Form and extent of surety's obligation for costs.
Section 15-9-4 - Dismissal of action for failure to give security for costs.
Section 15-9-7 - Service by publication when defendant not found in state.
Section 15-9-8.1 - Service by publication in adoption proceedings.
Section 15-9-9 - Service by publication in actions involving property within state.
Section 15-9-10 - Service by publication in lien foreclosure actions.
Section 15-9-13 - Service by publication on absconding resident defendant.
Section 15-9-14 - Service by publication on nonresident with property in jurisdiction of court.
Section 15-9-15 - Service by publication on unknown parties.
Section 15-9-16 - Search within state not required for service of publication on nonresident.
Section 15-9-17 - Newspaper in which service by publication made--Number of publications.
Section 15-9-19 - Mailing of summons and complaint to defendant served by publication.
Section 15-9-23 - Action by assignee subject to setoff or defense--Negotiable instruments excepted.