15-12-24. Waiver of right by submitting to jurisdiction.
The submission to a judge or magistrate of argument or proof in support of a motion or application, or upon trial, is a waiver of the right thereafter to file an affidavit for change of such judge or magistrate by any party or his counsel who submitted the same or who after notice that such matter was to be presented, failed to appear at the hearing or trial. Such waiver shall continue until the final determination of the action and includes all subsequent motions, hearings, proceedings, trials, new trials, and all proceedings to enforce, amend, or vacate any order or judgment.
Source: SDC 1939 & Supp 1960, §33.1210; SDCL, §15-12-4; Supreme Court Rule No. 75-5, §5.