21-29-2. Writ issued when ordinary remedy inadequate--Application and affidavit.
The writ of mandamus must be issued in all cases where there is not a plain, speedy, and adequate remedy, in the ordinary course of law. It must be issued upon affidavit, upon the application of the party beneficially interested.
Source: CCivP 1877, §696; CL 1887, §5518; RCCivP 1903, §765; RC 1919, §3007; SDC 1939 & Supp 1960, §37.4502.
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.