South Dakota Codified Laws 15-26A-40. New undertaking required when security insufficient–Dismissal of appeal or vacation of stay on failure to file new undertaking
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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.
Terms Used In South Dakota Codified Laws 15-26A-40
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
Source: SDC 1939 & Supp 1960, § 33.0725; SDCL, § 15-28-4.