There is a newer version of the South Dakota Codified Laws
2012 South Dakota Codified Laws
Title 56 GUARANTY, SURETYSHIP AND INDEMNITY
Chapter 02. Suretyship
§56-2-6 Neglect of creditor to proceed against principal at request of surety--Surety exonerated to the extent which he is prejudiced.
SD Codified L § 56-2-6 (through 2012) What's This?
56-2-6. Neglect of creditor to proceed against principal at request of surety--Surety exonerated to the extent which he is prejudiced. A surety may require his creditor to proceed against the principal or to pursue any other remedy in his power which the surety cannot himself pursue and which would lighten his burden, and if in such case the creditor neglects to do so, the surety is exonerated to the extent to which he is thereby prejudiced.
Source: SDC 1939, § 26.0207.
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