21-29-3. Alternative and peremptory writs--Terms of writ.
The writ of mandamus may be either alternative or peremptory. The alternative writ must state generally the allegation against the party to whom it is directed, and command such party, immediately upon the receipt of the writ, or at some other specified time, to do the act required to be performed, or to show cause before the court, at a specified time and place, why he has not done so. The peremptory writ must be in a similar form, except that the words requiring the party to show cause why he has not done the command, must be omitted, and a return day inserted.
Source: CCivP 1877, §697; CL 1887, §5519; RCCivP 1903, §766; RC 1919, §3008; Supreme Court Rule 611, 1939; SDC 1939 & Supp 1960, §37.4503.
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.