If the affidavit of publication described in § 17-2-22.1 cannot be procured, and the files of such newspaper for the period involved are available, then any person may inspect such file and make affidavit as to the facts appearing therein, and that such newspaper was at the time a legal publication, and such affidavit shall be deemed presumptive evidence of such publication as is described in such affidavit.

Terms Used In South Dakota Codified Laws 19-4-6

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2

Source: SDC 1939 & Supp 1960, § 36.1102.