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S.D. Codified Laws § 21-31-7

Further return if return of writ defective--Hearing and judgment by court

Applied in 1 court decision — leading case In Re the Civil Contempt Proceedings Concerning Richard (1985)

Most recently applied in In Re the Civil Contempt Proceedings Concerning Richard (August 1985)

Source: CCivP 1877, § 692; CL 1887, § 5514; RCCivP 1903, § 761; RC 1919, § 3003; SDC 1939 & Supp 1960, § 37.0408.

If the return of the writ of certiorari be defective the court may order a further return to be made. When a full return has been made the court must hear the parties, or such of them as may attend for that purpose, and may thereupon, give judgment either affirming or annulling or modifying the proceedings below.

Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.