South Dakota Statutes

§ 21-15-2 — Contents of plaintiff's affidavit.

South Dakota·Title 21 JUDICIAL REMEDIES·Ch. 21-15 CLAIM AND DELIVERY OF PERSONAL PROPERTY

When an immediate delivery is claimed, an affidavit must be made by the plaintiff or by someone on his behalf, stating:

(1)That the plaintiff is the owner of the property claimed, particularly describing it, or is lawfully entitled to the possession thereof, by virtue of a special property therein, the facts in respect to which shall be set forth;
(2)That the property is wrongfully detained by the defendant;
(3)The alleged cause of the detention thereof, according to his best knowledge, information, and belief;
(4)That the same has not been taken for a tax, assessment, or fine, pursuant to a statute, or seized under an execution or attachment against the property of the plaintiff, or, if so seized, that it is, by statute, exempt from such seizure;
(5)The actual value of

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South Dakota § 21-15-2 (Contents of plaintiff's affidavit.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Legislative History

CCivP 1877, § 177; CL 1887, § 4973; RCCivP 1903, § 185; RC 1919, § 2412; Supreme Court Rule 594, 1939; SDC 1939 & Supp 1960, § 37.3802.

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