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

  1. Law
  2. South Dakota Codified Laws
  3. Judicial Remedies
  4. Certiorari
  5. Further return if return of writ defective--Hearing and judgment by court.

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21-31-7. Further return if return of writ defective--Hearing and judgment by court.

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.

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


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