South Dakota Statutes

§ 21-31-5 — Omission of stay of proceedings discretionary with court.

South Dakota·Title 21 JUDICIAL REMEDIES·Ch. 21-31 CERTIORARI
If a stay of proceedings be not intended, the words requiring the stay must be omitted from the writ of certiorari; these words may be inserted or omitted, in the sound discretion of the court, but if omitted, the power of the inferior court or officer is not suspended or the proceedings stayed.

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Legislative History

CCivP 1877, § 689; CL 1887, § 5511; RCCivP 1903, § 758; RC 1919, § 3000; Supreme Court Rule 559, 1939; SDC 1939 & Supp 1960, § 37.0405.

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