§ 15-73-409 - Retrial on motion of defendant constructively summoned.
15-73-409. Retrial on motion of defendant constructively summoned.
Where a decree has been rendered under the provisions of this subchapter against a defendant or defendants, constructively summoned and who did not appear, the defendants or any one (1) or more of them may, at any time within six (6) months, and not thereafter, after the rendition of the decree, appear in open court and move to have the action retried, and security for costs being given, the defendant or defendants, shall be permitted to make defense, and thereupon the action shall be tried anew as to the defendant or defendants as if there had been no decree, and upon the new trial the court may confirm, modify, or set aside the former decree and may order the plaintiff in the action to restore to the defendant or defendants any money of that defendant or defendants paid to him or her under the decree or any property of the defendants obtained by the plaintiff under the decree and yet remaining in his or her possession. However, no order made in a cause authorizing a receiver to execute an oil and gas lease shall be set aside, or the lease cancelled where the motion or petition to set aside the order or lease is filed more than thirty (30) days after the order was made, nor in any event where development has been begun or completed by the lessee under the terms of any such lease.