South Dakota Codified Laws 15-9-22. Time allowed for defense after service by publication–Time after judgment–Restitution on successful defense
The defendant against whom publication is ordered or his representatives on application and sufficient cause shown at any time before judgment must be allowed to defend the action; and, except in an action for divorce, the defendant against whom publication is ordered or his representatives may, in like manner, upon good cause shown be allowed to defend after judgment or at any time within one year after notice thereof and within seven years after its rendition on such terms as may be just; and if the defense be successful and the judgment or any part thereof has been collected or otherwise enforced, such restitution may thereupon be compelled as the court directs; but the title to property sold under such judgment to a purchaser in good faith shall not be thereby affected.
Terms Used In South Dakota Codified Laws 15-9-22
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Property: includes property, real and personal. See South Dakota Codified Laws 2-14-2
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
Source: SDC 1939 & Supp 1960, § 33.0815.