21-28-7. Arrest and holding to bail of defendant who has received emoluments of office.
In an action against a person for usurping an office, upon proof by affidavit that the defendant has received fees or emoluments belonging to the office and by means of his usurpation thereof, an order may be granted by a judge of the court for the arrest of such defendant, and holding him to bail; and thereupon he shall be arrested and held to bail, in the manner and with the same effect, and subject to the same rights and liabilities as in other civil actions where the defendant is subject to arrest.
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.