21-41-24. Bond required to indemnify against defenses permitted after judgment.Before the entry of judgment in such action, the plaintiff must execute a bond of indemnity to the defendants in the action who shall be served by publication, with sufficient surety to be approved by the court, in such sum as the court shall direct, conditioned that if any defendant shall be permitted to defend after judgment, as provided in §21-41-25, and such defense shall be successful, that the plaintiff will pay to such defendant the value of his interest in said premises, and his costs of defending the action. Provided, however, that personal service of the summons and complaint outside of this state, in the manner provided by the laws of this state, shall, for the purposes of this section, be deemed personal service and not service by publication. Source: SL 1903, ch 194, §9; SL 1905, ch 81; RC 1919, §2855; SDC 1939, §37.1514; SL 1943, ch 138.
South Dakota Legal Code