Section 21-42-19 - Relief from default judgment

21-42-19. Relief from default judgment.The court may, in its discretion and upon such terms as may be just, at any time within one year after the entry of judgment, relieve a defendant in such action, served by publication of the summons, from the judgment, if taken against him through his mistake, inadvertence, surprise, or excusable neglect, and allow such party to defend the action, but the defense, if successful, shall not affect the title of the plaintiff, or his successors in interest to, or valid encumbrancers of, said premises. Source: SL 1941, ch 161, §8; SL 1943, ch 140; SDC Supp 1960, §37.16A08.