Before possession of any property may be taken, there must be furnished a written undertaking with one or more sufficient sureties approved by the sheriff, or a cash deposit, in double the value as stated in the affidavit, securing return of the property to the defendant if return thereof be adjudged, and the payment to the defendant of any such sum as may, for any cause, be recovered against the plaintiff. The court may waive the undertaking if the ownership of the property is not in question and the plaintiff is or has been a tenant of the defendant.
S.D. Codified Laws § 21-15-4
Undertaking required of plaintiff--Contents--Waiver
Applied in 2 court decisions — leading case Mushitz v. First Bank of South Dakota (1990)
Most recently applied in United Fire & Casualty Co. v. P & C Insurance Services, Inc. (June 1992)
Source: SDC 1939 & Supp 1960, § 37.3803; SL 1993, ch 170.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.