South Dakota § 21-28-7 Arrest and holding to bail of defendant who has received emoluments of office.

South Dakota Statutes

§ 21-28-7 — Arrest and holding to bail of defendant who has received emoluments of office.

South Dakota § 21-28-7

Title 21JUDICIAL REMEDIES

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

This text of South Dakota § 21-28-7 (Arrest and holding to bail of defendant who has received emoluments of office.) 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 § 21-28-7 (2026).

Text

In an action against a person for usurping an office, upon proof by affidavit that the defendant has received fees or emoluments belonging to the office and by means of his usurpation thereof, an order may be granted by a judge of the court for the arrest of such defendant, and holding him to bail; and thereupon he shall be arrested and held to bail, in the manner and with the same effect, and subject to the same rights and liabilities as in other civil actions where the defendant is subject to arrest.

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In an action against a person for usurping an office, upon proof by affidavit that the defendant has received fees or emoluments belonging to the office and by means of his usurpation thereof, an order may be granted by a judge of the court for the arrest of such defendant, and holding him to bail; and thereupon he shall be arrested and held to bail, in the manner and with the same effect, and subject to the same rights and liabilities as in other civil actions where the defendant is subject to arrest.