15-26A-45. Damages determined by referee after affirmance by Supreme Court. When the amount of damages to be paid by the appellant on affirmance of the judgment or order appealed from, pursuant to any undertaking, is not fixed by the judgment or decision of the Supreme Court on the appeal, the circuit court may, after the remittitur of the record from the Supreme Court is filed, order a reference to ascertain such damages, the expense of which shall be included in and recoverable with such damages.
Source: SDC 1939 & Supp 1960, § 33.0728; SDCL, § 15-28-9.
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