21-29-9. Objections and proof countervailing answer introduced by applicant at trial.
On the trial the applicant is not precluded by the answer from any valid objection to its sufficiency and may countervail it by proof, either in direct denial or by way of avoidance.
Source: CCivP 1877, §701; CL 1887, §5523; RCCivP 1903, §770; RC 1919, §3012; Supreme Court Rule 614, 1939; SDC 1939 & Supp 1960, §37.4507.
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.