Section 15-2-22 – Tolling of statute during disability–Maximum period of extension–Actions excepted.
15-2-22. Tolling of statute during disability–Maximum period of extension–Actions excepted. If a person entitled to bring an action other than for the recovery of real property, except for a penalty or forfeiture, or against a sheriff or other officer for an escape, was at the time the cause of action accrued, either: (1)Within the age […]
Section 15-2-23 – Disability to have existed when right of action accrued.
15-2-23. Disability to have existed when right of action accrued. No person can avail himself of a disability unless it existed when his right of action accrued. Source: SDC 1939 & Supp 1960, §33.0209.
Section 15-2-24 – Coexisting disabilities.
15-2-24. Coexisting disabilities. When two or more disabilities coexist at the time the right of action accrues, the limitation does not attach until they are all removed. Source: SDC 1939 & Supp 1960, §33.0210.
Section 15-2-25 – Tolling of statute during injunction or statutory prohibition.
15-2-25. Tolling of statute during injunction or statutory prohibition. When the commencement of an action is stayed by injunction or statutory prohibition, the time of the continuance of the injunction or prohibition is not part of the time limited for the commencement of the action. Source: SDC 1939 & Supp 1960, §33.0208.
Section 15-2-28 – Mortgage presumed paid after fifteen years–Tolling provisions not applicable.
15-2-28. Mortgage presumed paid after fifteen years–Tolling provisions not applicable. At the expiration of fifteen years from the date the cause of action accrues on any mortgage as provided in §15-2-5, such mortgage shall be conclusively presumed to have been paid and the mortgage and the record thereof shall cease to be notice of the […]
Section 15-2-29 – Writing required for acknowledgment or promise to take case out of operation of chapter.
15-2-29. Writing required for acknowledgment or promise to take case out of operation of chapter. No acknowledgment or promise is sufficient evidence of a new or continuing contract, whereby to take the case out of the operation of this chapter, unless the same be contained in some writing signed by the party to be charged […]
Section 15-2-30 – Commencement of action by service of summons–Summons on codefendant.
15-2-30. Commencement of action by service of summons–Summons on codefendant. An action is commenced as to each defendant when the summons is served on him, or on a codefendant who is a joint contractor or otherwise united in interest with him. Source: SDC 1939 & Supp 1960, §33.0202.
Section 15-2-31 – Attempted commencement of action by delivery of summons to sheriff–Publication or service following attempt.
15-2-31. Attempted commencement of action by delivery of summons to sheriff–Publication or service following attempt. An attempt to commence an action is deemed equivalent to the commencement thereof when the summons is delivered, with the intent that it shall be actually served, to the sheriff or other officer of the county in which the defendants […]
Section 15-2-32 – New action after reversal of judgment on appeal.
15-2-32. New action after reversal of judgment on appeal. If an action be commenced within the time prescribed therefor and a judgment therein be reversed on appeal, the plaintiff or, if he die and the cause of action survive, his heirs or representatives, may commence a new action within one year after the reversal. Source: […]
Section 15-2-33 – Dismissal without prejudice subject to plaintiff’s right to satisfy earlier judgment involving same parties.
15-2-33. Dismissal without prejudice subject to plaintiff’s right to satisfy earlier judgment involving same parties. If a plaintiff in a civil action has not satisfied a judgment for expenses, attorney’s fees, or both, entered in a prior civil case involving substantially the same parties brought in the circuit where the present action is pending, and […]