South Dakota § 21-28-2 Persons entitled to bring action--Grounds for action.

South Dakota Statutes

§ 21-28-2 — Persons entitled to bring action--Grounds for action.

South Dakota § 21-28-2

Title 21JUDICIAL REMEDIES

Ch. 21-28REMEDIES IN NATURE OF QUO WARRANTO AND SCIRE FACIAS

This text of South Dakota § 21-28-2 (Persons entitled to bring action--Grounds for action.) is published on Counsel Stack Legal Research, covering South Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

S.D. Codified Laws § 21-28-2 (2026).

Text

An action may be brought by any state's attorney in the name of the state, upon his own information or upon the complaint of a private party, or an action may be brought by any person who has a special interest in the action, on leave granted by the circuit court or judge thereof, against the party offending in the following cases:

(1)When any person shall usurp, intrude into, or unlawfully hold or exercise any public office, civil or military, or any franchise within this state, or any office in a corporation created by the authority of this state;

(2)When any public officer, civil or military, shall have done or suffered an act which, by the provisions of law, shall make a forfeiture of his office;

(3)When any association or number of persons shall act within this state as a

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An action may be brought by any state's attorney in the name of the state, upon his own information or upon the complaint of a private party, or an action may be brought by any person who has a special interest in the action, on leave granted by the circuit court or judge thereof, against the party offending in the following cases: (1) When any person shall usurp, intrude into, or unlawfully hold or exercise any public office, civil or military, or any franchise within this state, or any office in a corporation created by the authority of this state; (2) When any public officer, civil or military, shall have done or suffered an act which, by the provisions of law, shall make a forfeiture of his office; (3) When any association or number of persons shall act within this state as a corporation, without being duly incorporated.