South Dakota Codified Laws 45-4-22. Writs of injunction to restore person to possession of mining property
The circuit court may issue writs of injunction for affirmative relief having the force and effect of a writ of restitution restoring any person to the possession of any mining property:
(1) From which the person may have been ousted by force and violence or by fraud;
Terms Used In South Dakota Codified Laws 45-4-22
- Fraud: Intentional deception resulting in injury to another.
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
- Property: includes property, real and personal. See South Dakota Codified Laws 2-14-2
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
(2) From possession of which the person is kept by threats; or
(3) If such possession was taken from the person by entry of the adverse party on a Sunday or legal holiday or while the party in possession was temporarily absent from the property.
The granting of the writ extends only to the right of possession under the facts of the case with respect to the manner in which the possession was obtained, leaving the parties to their legal rights on all other questions as though no such writ had been issued.
Source: PolC 1877, ch 31, § 20; CL 1887, § 2015; RPolC 1903, § 2549; RC 1919, § 8743; SDC 1939, § 42.0118; SL 2011, ch 165, § 182.