The court may adjudge the defendants who are owners of such land or any part thereof to pay the costs and disbursements of such action in such proportions as the court may deem just and equitable, including a reasonable amount for the survey, the fees of recording, and reasonable counsel fees for the plaintiff, and three dollars per day for the two commissioners other than the surveyor and ten cents per mile for each mile by them necessarily traveled.

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Terms Used In South Dakota Codified Laws 43-17-19

  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Plaintiff: The person who files the complaint in a civil lawsuit.

Source: SL 1903, ch 173, § 3; RC 1919, § 506; SDC 1939, § 51.1112.