The Supreme Court, upon satisfactory proof that any surety to an undertaking given under this title has become insolvent, or that his circumstances have become so precarious that there is reason to apprehend that the undertaking is insufficient security, may in its discretion require the appellant to file and serve a new undertaking, with such sureties and in such time as shall be prescribed, and that in default thereof the appeal shall be dismissed or the stay of proceedings vacated, and the execution or performance of the judgment or order be allowed to be enforced without further delay.
S.D. Codified Laws § 15-26A-40
New undertaking required when security insufficient--Dismissal of appeal or vacation of stay on failure to file new undertaking
Applied in 1 court decision — leading case Landstrom v. Shaver (1996)
Most recently applied in Landstrom v. Shaver (May 1996)
Source: SDC 1939 & Supp 1960, § 33.0725; SDCL, § 15-28-4.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.