S.D. Codified Laws § 56-3-13

Current through the 2024 Legislative Session

Section 56-3-13 - Notice of action or proceedings against indemnified not received by indemnitor-Indemnitor not allowed to control defense-Judgment against indemnitor presumptive evidence

If the person indemnifying, whether he is a principal or a surety in the agreement, has not reasonable notice of the action or proceeding against the person indemnified, or is not allowed to control its defense, judgment against the latter is only presumptive evidence against the former unless a contrary intention appears.

SDCL 56-3-13

SDC 1939, § 31.3107 (6); repealed SL 1966, ch 111, § 5; re-enacted SL 1967, ch 235, § 7 (6).