South Dakota Codified Laws 21-29-4. Grant of writ on default prohibited
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The writ of mandamus cannot be granted by default. The case must be heard by the court, whether the adverse party appear or not.
Terms Used In South Dakota Codified Laws 21-29-4
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
Source: CCivP 1877, § 698; CL 1887, § 5520; RCCivP 1903, § 767; RC 1919, § 3009; Supreme Court Rule 611, 1939; SDC 1939 & Supp 1960, § 37.4503.