15-10-2. Action pending from time of notice--Time allowed for service of summons. For the purpose of this chapter an action shall be deemed to be pending from the time of filing the notice referred to in § 15-10-1; provided that such notice shall be of no avail unless it shall be followed by the first publication of the summons, or by the personal service thereof, on a defendant within sixty days after such filing.
Source: SDC 1939 & Supp 1960, § 33.0805.