15-21-6. Action joining officer's surety as party to judgment--Officer's property applied first. Each and every surety of any sheriff or other officer may be made a party to the judgment rendered as aforesaid against the sheriff or other officer by action to be commenced and prosecuted as in other cases; but the property, personal or real, of any such surety shall not be liable to be taken on execution when sufficient property of the sheriff or other officer against whom execution may be issued can be found to satisfy the same.
Source: SDC 1939 & Supp 1960, § 33.2505.
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