South Dakota Codified Laws
Chapter 09 - Commencement Of Actions And Service Of Process
Section 15-9-3 - Form and extent of surety's obligation for costs.

15-9-3. Form and extent of surety's obligation for costs.
The obligation of the surety required by §15-9-1 shall be complete by endorsing the summons or complaint to the effect that he is surety for costs of the action and signing his name thereto or by the filing of surety bond or deposit of costs by the party.
The surety shall be bound for the payment of all costs and disbursements which may be adjudged against the plaintiff in the court in which the action is brought or in any other to which it may be carried, not exceeding in all two hundred fifty dollars, whether the plaintiff obtain judgment or not.

Source: SDC 1939 & Supp 1960, §33.1820.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 15 - Civil Procedure

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 15-9-5 - Motion for additional security for costs--Dismissal on failure to give additional security.

Section 15-9-6 - Endorsement of summons when no personal claim made against defendant--Costs not taxed--Plaintiff's liability for costs on failure to serve notice.

Section 15-9-7 - Service by publication when defendant not found in state.

Section 15-9-8 - Service by publication in actions for divorce, annulment, child custody, and paternity.

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 15-9-11 - Service by publication on domestic corporation without known place of business or agent.

Section 15-9-12 - Service by publication on foreign corporation with property in jurisdiction of court.

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 15-9-18 - Filing of complaint stated in publication of summons--Publication of complaint not required.

Section 15-9-19 - Mailing of summons and complaint to defendant served by publication.

Section 15-9-20 - Personal service without state in lieu of service by publication--Admission of service.

Section 15-9-21 - Time of completion of service by publication or personal service in lieu of publication--Commencement of time for filing answer.

Section 15-9-22 - Time allowed for defense after service by publication--Time after judgment--Restitution on successful defense.

Section 15-9-23 - Action by assignee subject to setoff or defense--Negotiable instruments excepted.