21-8-9. Pleading in lieu of affidavit for restraining order or preliminary injunction--Service of pleading and affidavit.
If a complaint or other pleading is served, it may, if sufficient, be used as part of or in lieu of the affidavit for a temporary restraining order or preliminary injunction, so far as applicable, but this shall not restrict such showing by affidavit as the applicant elects to make. A copy of the complaint or other pleading, if intended as part of the showing, and a copy of any affidavit, so intended, must be served with the restraining order or injunction.
Source: CCivP 1877, §§190, 191; CL 1887, §§4986, 4987; RCCivP 1903, §§198, 199; RC 1919, §§2425, 2426; Supreme Court Rule 605, 1939; SDC 1939 & Supp 1960, §37.4305; SL 1978, ch 155, §13.