In the following cases the costs of an appeal must be in the discretion of the Supreme Court:
(1) When a new trial shall be ordered;
(2) When a judgment shall be affirmed in part and reversed in part.
S.D. Codified Laws § 15-30-7
Discretionary allowance of costs on appeal
Applied in 2 court decisions — leading case Baltzer v. Baltzer (1988)
Most recently applied in Baltzer v. Baltzer (April 1988)
Source: SDC 1939 & Supp 1960, § 33.0713.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.