Section 15-16-13 - Action on magistrate's judgment prohibited within five years--Circumstances under which action permitted

15-16-13. Action on magistrate's judgment prohibited within five years--Circumstances under which action permitted.No action on a judgment rendered by a magistrate shall be brought in the same county, within five years after its rendition, except in case of his death, resignation, incapacity to act, or removal from the county, or if the process was not personally served on the defendant, or on all the defendants, or in case of the death of some of the parties, or where the docket or record of such judgment shall have been lost or destroyed. Source: SDC 1939 & Supp 1960, §33.0105; SL 1974, ch 153, §10.