21-15-10. Justification by plaintiff's sureties--Responsibility of sheriff--Exceptions waive right to retain property.
When the defendant excepts, the sureties shall justify on notice as set out in §§21-15-10.1 to 21-15-10.4, inclusive. The sheriff shall be responsible for the sufficiency of the sureties, until the objection to them is either waived as above provided, or until they shall justify, or new sureties shall be substituted and justify. If the defendant except to the sureties, he cannot retain the property, as provided in §21-15-12.
Source: CCivP 1877, §180; CL 1887, §4976; RCCivP 1903, §188; RC 1919, §2415; SDC 1939 & Supp 1960, §37.3807; SL 1984, ch 159, §1.
Structure South Dakota Codified Laws
Chapter 15 - Claim And Delivery Of Personal Property
Section 21-15-2 - Contents of plaintiff's affidavit.
Section 21-15-4 - Undertaking required of plaintiff--Contents--Waiver.
Section 21-15-5 - Cash in lieu of undertaking deposited with clerk or judge--Terms of deposit.
Section 21-15-6 - Seizure of property by sheriff--Safekeeping and delivery.
Section 21-15-7 - Seizure of property kept in building.
Section 21-15-8 - Papers served on defendant when property seized.
Section 21-15-10.1 - Notice of justification--Additional surety--Time and place of hearing.
Section 21-15-10.2 - Appearance and examination of sureties.
Section 21-15-10.3 - Allowance by judge--Effect.
Section 21-15-10.4 - Costs of justification.
Section 21-15-11 - Qualifications and justification of plaintiff's sureties.
Section 21-15-11.1 - Qualifications of bail.
Section 21-15-12 - Defendant's undertaking or deposit to retain possession--Terms.
Section 21-15-14 - Delivery of property to plaintiff if return not required by defendant.