South Dakota § 15-18-12 - Execution directing application of principal debtor's property before that of surety.
Full text of South Dakota South Dakota Codified Laws § 15-18-12 — Execution directing application of principal debtor's property before that of surety., with citation guidance and answers to common questions.
§ 15-18-12. Execution directing application of principal debtor's property before that of surety.
In all cases where judgment is rendered upon any instrument in writing in which two or more persons are severally bound, and it shall be made to appear to the court, by parol or other testimony, that one or more of said persons so bound signed the same as surety or bail for his codefendant, the court must in entering the judgment thereon state which of the defendants is principal debtor and which are sureties or bail. An execution issued on such judgment must command the sheriff or other officer to cause the money to be made out of the property of the principal debtor, but, for want of sufficient property of the principal debtor to make the same, to cause the same to be made out of the property of the surety or bail. In all cases the property, both real and personal, of the principal debtor, within the jurisdiction of the court must be exhausted before any of the property of the surety or bail shall be taken in execution.
Source: SDC 1939 & Supp 1960, § 33.1905.
Source: official South Dakota text · Last verified 2026-08-27
Frequently Asked Questions About South Dakota § 15-18-12
What does South Dakota Codified Laws § 15-18-12 cover?
Section 15-18-12 ("Execution directing application of principal debtor's property before that of surety.") is part of the South Dakota Codified Laws, the codified statutory law of South Dakota. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite South Dakota § 15-18-12?
A common citation format is "South Dakota Codified Laws § 15-18-12" (South Dakota). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of South Dakota law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the South Dakota official source linked on this page or consult a licensed South Dakota attorney.
How does South Dakota § 15-18-12 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in South Dakota can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in South Dakota.