Temporary injunction in action to enjoin nuisance.

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35-10-21. Temporary injunction in action to enjoin nuisance.

If, in an action pursuant to §35-10-19, it is made to appear by affidavits or otherwise, to the satisfaction of the court, or judge in vacation, that a nuisance exists, a temporary writ of injunction shall be issued, restraining the defendant from conducting or permitting the continuance of the nuisance until the conclusion of the trial. If a temporary injunction is sought, the court may issue an order restraining the defendant and all other persons from removing, or in any way interfering, with the alcoholic beverages or fixtures, or other things used in connection with the violation of the laws of this state constituting the nuisance.

Source: SL 1939, ch 15, §2; SDC Supp 1960, §5.0114-3; SL 2018, ch 213, §132.


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