12-1560. New trial after service by
publication; superseding judgment
A. When judgment has been rendered on service by publication, and defendant has not
appeared, a new trial may be granted upon application of defendant for good cause shown
by affidavit, made within one year after rendition of judgment.
B. Execution of the judgment shall not be stayed unless defendant gives bond,
approved by the clerk of the superior court, in double the amount of the judgment or
value of the property adjudged, payable to plaintiff in the judgment, conditioned that
the party will prosecute the application for new trial to effect, and will satisfy such
judgment as may be rendered by the court against him.
C. When property has been sold under the judgment and execution before the process
was stayed, defendant, if he defeats plaintiff's action, shall not recover the property
so sold, but shall have judgment against plaintiff in the judgment for the proceeds of
the sale.
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