South Dakota Codified Laws
Chapter 15 - Claim And Delivery Of Personal Property
Section 21-15-2 - Contents of plaintiff's affidavit.

21-15-2. Contents of plaintiff's affidavit.
When an immediate delivery is claimed, an affidavit must be made by the plaintiff or by someone on his behalf, stating:
(1)That the plaintiff is the owner of the property claimed, particularly describing it, or is lawfully entitled to the possession thereof, by virtue of a special property therein, the facts in respect to which shall be set forth;
(2)That the property is wrongfully detained by the defendant;
(3)The alleged cause of the detention thereof, according to his best knowledge, information, and belief;
(4)That the same has not been taken for a tax, assessment, or fine, pursuant to a statute, or seized under an execution or attachment against the property of the plaintiff, or, if so seized, that it is, by statute, exempt from such seizure;
(5)The actual value of the property.

Source: CCivP 1877, §177; CL 1887, §4973; RCCivP 1903, §185; RC 1919, §2412; Supreme Court Rule 594, 1939; SDC 1939 & Supp 1960, §37.3802.

Structure South Dakota Codified Laws