LegalFix
Sign In

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

SD Codified L § 21-28-7 (2019) (N/A)
Copy with citation
Copy as parenthetical citation

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

Source: CCivP 1877, § 536; CL 1887, § 5350; RCCivP 1903, § 575; RC 1919, § 2786; SL 1919, ch 289, § 5; SDC 1939 & Supp 1960, § 37.0510.

Previous Section
§ 21-28-6 Name of person entitled to office set forth in complaint.
Next Section
§ 21-28-8 Judgment on defendant's right to office and right of person allegedly entitled.