South Dakota § 5-21-7 - Pro rata distribution among claimants if bond insufficient--Surety relieved from liability by payment into court.
Full text of South Dakota South Dakota Codified Laws § 5-21-7 — Pro rata distribution among claimants if bond insufficient--Surety relieved from liability by payment into court., with citation guidance and answers to common questions.
§ 5-21-7. Pro rata distribution among claimants if bond insufficient--Surety relieved from liability by payment into court.
If recovery on the bond should be inadequate to pay the amounts found due all such persons, judgment shall be given to each person for his pro rata of the amount of recovery. The surety company may pay into court for distribution among such claimants and creditors the full amount of the penalty named in the bond, less any amount which such surety company may have paid to the public corporation by reason of the execution of such bond, and upon so doing the surety company shall be relieved from further liability.
Source: SL 1907, ch 138, § 2; RC 1919, § 8216; SDC 1939, § 65.0703; SL 1939, ch 300, § 8.
Source: official South Dakota text · Last verified 2026-08-27
Frequently Asked Questions About South Dakota § 5-21-7
What does South Dakota Codified Laws § 5-21-7 cover?
Section 5-21-7 ("Pro rata distribution among claimants if bond insufficient--Surety relieved from liability by payment into court.") 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 § 5-21-7?
A common citation format is "South Dakota Codified Laws § 5-21-7" (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 § 5-21-7 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.