21-38-11. Findings and judgment on restoration of record.
If the application is contested the court shall make findings, conclusions, and judgment as in any civil action tried to the court. If there is no contest the court shall by its judgment establish the instrument or record or the parts thereof in accordance with the application and the proof adduced and the instrument or record as so established shall be incorporated in the judgment as a part thereof or as an exhibit thereto, and thereafter the same shall be of the same legal force and effect as the original instrument or record.
Source: SL 1893, ch 142, §1; RCCivP 1903, §879; SL 1903, ch 193; RC 1919, §§3047, 3048; SDC 1939 & Supp 1960, §37.1106.
Structure South Dakota Codified Laws
Chapter 38 - Restoration Of Public Records
Section 21-38-1 - Court records and register of deeds records subject to restoration procedure.
Section 21-38-2 - Venue of restoration proceedings.
Section 21-38-3 - Title of application for restoration.
Section 21-38-4 - Substance and proposed copy of record shown in application for restoration.
Section 21-38-5 - Interest of applicant shown in application for restoration.
Section 21-38-6 - Circumstances of loss or destruction shown in application for restoration.
Section 21-38-8 - Signing and verification of application for restoration.
Section 21-38-9 - Time and place of hearing on restoration of record--Notice.
Section 21-38-10 - Hearing on restoration of record--Proof required.
Section 21-38-11 - Findings and judgment on restoration of record.