21-28-3. Designation of parties plaintiff.
When the action described by §21-28-1 is prosecuted by the state's attorney, the State of South Dakota shall be plaintiff; when it is prosecuted by a private person, such person shall be the plaintiff therein and the proceedings in such action shall be the same as in an action by a private person except as otherwise specially provided.
Source: SL 1919, ch 289, §1; SDC 1939 & Supp 1960, §37.0501.
Structure South Dakota Codified Laws
Chapter 28 - Remedies In Nature Of Quo Warranto And Scire Facias
Section 21-28-1 - Civil action available in lieu of writ and proceedings by information.
Section 21-28-2 - Persons entitled to bring action--Grounds for action.
Section 21-28-3 - Designation of parties plaintiff.
Section 21-28-4 - Relator joined with state as party--Security required to indemnify state.
Section 21-28-5 - Joinder of several claimants as defendants.
Section 21-28-6 - Name of person entitled to office set forth in complaint.
Section 21-28-7 - Arrest and holding to bail of defendant who has received emoluments of office.
Section 21-28-8 - Judgment on defendant's right to office and right of person allegedly entitled.
Section 21-28-11 - Action for damages by successful claimant of office.
Section 21-28-15 - Judgment for dissolution of corporation.
Section 21-28-17 - Injunction, receivership, and distribution on judgment against corporation.
Section 21-28-18 - Recording by secretary of state of judgment against corporation.
Section 21-28-20 - Action for recovery of property forfeited to state.