South Dakota § 58-22-40 - Surety's right to enforce indemnity agreement limited by affidavit.
Full text of South Dakota South Dakota Codified Laws § 58-22-40 — Surety's right to enforce indemnity agreement limited by affidavit., with citation guidance and answers to common questions.
§ 58-22-40. Surety's right to enforce indemnity agreement limited by affidavit.
An action to enforce any indemnity agreement shall not lie in favor of the surety against such indemnitor, except with respect to agreements set forth in the affidavit required by § 58-22-39. In an action by the indemnitor, such surety shall have the right to retain only such security or collateral as is mentioned in the affidavit required by § 58-22-39.
Source: SL 1966, ch 111, ch 31, § 25.
Source: official South Dakota text · Last verified 2026-08-27
Frequently Asked Questions About South Dakota § 58-22-40
What does South Dakota Codified Laws § 58-22-40 cover?
Section 58-22-40 ("Surety's right to enforce indemnity agreement limited by affidavit.") 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 § 58-22-40?
A common citation format is "South Dakota Codified Laws § 58-22-40" (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 § 58-22-40 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.