Section 21-18-21 - Defendant's undertaking to release garnishment--Amount and terms--Justification bysureties. - South Dakota Statutes

21-18-21. Defendant's undertaking to release garnishment--Amount and terms--Justification by sureties. The defendant may, at any time after service of the garnishee summons and before judgment, file with the clerk of the court an undertaking executed by at least two sureties, resident freeholders of the state, to the effect that they will on demand pay to the plaintiff the amount of the judgment with all costs that may be recovered against such defendant in the action, not exceeding a sum specified, which sum shall not be less than double the amount demanded by the complaint, or in such less sum as the court shall upon application direct. The sureties shall justify their responsibility by affidavit annexed, stating a sum which each is worth in property within this state over and above all debts and liabilities and property exempt from execution, the aggregate of which sums shall be double the amount specified in the undertaking.

Source: SL 1909, ch 156, § 20; RC 1919, § 2473; SDC 1939 & Supp 1960, § 37.2808.