21-28-3. Designation of parties plaintiff. When the action described by § 21-28-1 is prosecuted by the state's attorney, the State of South Dakota shall be plaintiff; when it is prosecuted by a private person, such person shall be the plaintiff therein and the proceedings in such action shall be the same as in an action by a private person except as otherwise specially provided.
Source: SL 1919, ch 289, § 1; SDC 1939 & Supp 1960, § 37.0501.