21-28-6. Name of person entitled to office set forth in complaint.
Whenever such action shall be brought against a person for usurping an office, the state's attorney or person having a special interest in the action, in addition to the statement of the cause of action, may also set forth in the complaint, the name of the person rightfully entitled to the office, with a statement of his right thereto.
Source: CCivP 1877, §536; CL 1887, §5350; RCCivP 1903, §575; RC 1919, §2786; SL 1919, ch 289, §5; SDC 1939 & Supp 1960, §37.0510.
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.