21-29-1. Power to issue writ--Purposes for which used.
The writ of mandamus may be issued by the Supreme and circuit courts, to any inferior tribunal, corporation, board, or person, to compel the performance of an act which the law specially enjoins as a duty resulting from an office, trust, or station; or to compel the admission of a party to the use and enjoyment of a right or office to which he is entitled, and from which he is unlawfully precluded by such inferior tribunal, corporation, board, or person.
Source: CCivP 1877, §695; CL 1887, §5517; RCCivP 1903, §764; RC 1919, §3006; SDC 1939 & Supp 1960, §37.4501.
Structure South Dakota Codified Laws
Section 21-29-1 - Power to issue writ--Purposes for which used.
Section 21-29-2 - Writ issued when ordinary remedy inadequate--Application and affidavit.
Section 21-29-3 - Alternative and peremptory writs--Terms of writ.
Section 21-29-4 - Grant of writ on default prohibited.
Section 21-29-6 - Service of writ--Service on majority of board.
Section 21-29-7 - Answer to show cause against writ.
Section 21-29-8 - Hearing by court when no answer made or no questions of fact raised.
Section 21-29-9 - Objections and proof countervailing answer introduced by applicant at trial.
Section 21-29-11 - Verdict transmitted to court--Hearing on application.
Section 21-29-12 - Elements included in judgment.