South Dakota Statutes
§ 21-29-5 — Alternative writ issued without notice--Minimum notice required for peremptory writ.
When the application for writ of mandamus to the court is made without notice to the adverse party, and the writ be allowed, the alternative writ must be first issued; but if the application be upon due notice, and the writ be allowed, the peremptory writ may be issued in the first instance. The notice of the application, when given, must be at least ten days.
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South Dakota § 21-29-5 (Alternative writ issued without notice--Minimum notice required for peremptory writ.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
Legislative History
CCivP 1877, § 698; CL 1887, § 5520; RCCivP 1903, § 767; RC 1919, § 3009; Supreme Court Rule 611, 1939; SDC 1939 & Supp 1960, § 37.4503.
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