South Dakota Codified Laws 56-3-13. Notice of action or proceedings against indemnified not received by indemnitor–Indemnitor not allowed to control defense–Judgment against indemnitor presumptiveevidence
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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.
Terms Used In South Dakota Codified Laws 56-3-13
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
Source: SDC 1939, § 31.3107 (6); repealed SL 1966, ch 111, § 5; re–enacted SL 1967, ch 235, § 7 (6).