South Dakota § 21-28-9 Execution of office by person adjudged to be entitled--Demand of books and papers from defendant.

South Dakota Statutes

§ 21-28-9 — Execution of office by person adjudged to be entitled--Demand of books and papers from defendant.

South Dakota § 21-28-9

Title 21JUDICIAL REMEDIES

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

This text of South Dakota § 21-28-9 (Execution of office by person adjudged to be entitled--Demand of books and papers from defendant.) 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 § 21-28-9 (2026).

Text

If the judgment be rendered upon the right of the person so alleged to be entitled, and the same be in favor of such person, he shall be entitled, after taking the oath of office and executing such official bond as may be required by law, to take upon himself the execution of the office; and it shall be his duty immediately thereafter, to demand of the defendant in the action all the books and papers in his custody or within his control belonging to the office from which he shall have been excluded.

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If the judgment be rendered upon the right of the person so alleged to be entitled, and the same be in favor of such person, he shall be entitled, after taking the oath of office and executing such official bond as may be required by law, to take upon himself the execution of the office; and it shall be his duty immediately thereafter, to demand of the defendant in the action all the books and papers in his custody or within his control belonging to the office from which he shall have been excluded.