Number of judges required for decision--Rehearing--Disposition in case of disagreement

The concurrence of three judges of the Supreme Court is necessary to pronounce a decision. If three do not concur the cause must be reheard; and if on the second hearing three judges do not concur, the judgment or order appealed from must be affirmed; or, in case of an original action or proceeding, the same must be dismissed without prejudice. Source: SDC 1939 & Supp 1960, § 33.0502.