Justification by plaintiff's sureties--Responsibility of sheriff--Exceptions waive right to retain property.

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21-15-10. Justification by plaintiff's sureties--Responsibility of sheriff--Exceptions waive right to retain property.

When the defendant excepts, the sureties shall justify on notice as set out in §§21-15-10.1 to 21-15-10.4, inclusive. The sheriff shall be responsible for the sufficiency of the sureties, until the objection to them is either waived as above provided, or until they shall justify, or new sureties shall be substituted and justify. If the defendant except to the sureties, he cannot retain the property, as provided in §21-15-12.

Source: CCivP 1877, §180; CL 1887, §4976; RCCivP 1903, §188; RC 1919, §2415; SDC 1939 & Supp 1960, §37.3807; SL 1984, ch 159, §1.


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