S.D. Codified Laws § 45-4-18

Current through the 2024 Legislative Session
Section 45-4-18 - Order requiring survey of disputed claim to be made in open court or upon notice-Agreement-Affidavits

No such order may be made for survey and inspection except in open court or in chambers upon notice of at least six days, and only by agreement of parties or upon the affidavit of two or more persons that the survey and inspection is necessary to the just determination of the suit. The affidavits shall state the facts in the case and the necessity for the survey. No such order may be made unless it appears that the party asking for the order has been refused the privilege of survey and inspection by the adverse party.

SDCL 45-4-18

PolC 1877, ch 31, § 19; CL 1887, § 2014; RPolC 1903, § 2548; RC 1919, § 8742; SDC 1939, § 42.0117; SL 2011, ch 165, §178.