Section 45-4-22 - Writs of injunction for affirmative relief--Authority to issue--Restoration of possession ofmining property. - South-dakota Statutes

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45-4-22. Writs of injunction for affirmative relief--Authority to issue--Restoration of possession of mining property. The circuit court or any judge thereof shall have power to issue writs of injunction for affirmative relief having the force and effect of a writ of restitution restoring any person to the possession of any mining property from which he may have been ousted by force and violence or by fraud, or from possession of which he is kept by threats, or whenever such possession was taken from him by entry of the adverse party on a Sunday or legal holiday or while the party in possession was temporarily absent therefrom; the granting of such writ to extend only to the right of possession under the facts of the case in respect to the manner in which the possession was obtained, leaving the parties to their legal rights on all other questions as though no such writ had issued.

Source: PolC 1877, ch 31, § 20; CL 1887, § 2015; RPolC 1903, § 2549; RC 1919, § 8743; SDC 1939, § 42.0118.

State Codes and Statutes

Statutes > South-dakota > Title-45 > Chapter-04 > Statute-45-4-22

45-4-22. Writs of injunction for affirmative relief--Authority to issue--Restoration of possession of mining property. The circuit court or any judge thereof shall have power to issue writs of injunction for affirmative relief having the force and effect of a writ of restitution restoring any person to the possession of any mining property from which he may have been ousted by force and violence or by fraud, or from possession of which he is kept by threats, or whenever such possession was taken from him by entry of the adverse party on a Sunday or legal holiday or while the party in possession was temporarily absent therefrom; the granting of such writ to extend only to the right of possession under the facts of the case in respect to the manner in which the possession was obtained, leaving the parties to their legal rights on all other questions as though no such writ had issued.

Source: PolC 1877, ch 31, § 20; CL 1887, § 2015; RPolC 1903, § 2549; RC 1919, § 8743; SDC 1939, § 42.0118.

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State Codes and Statutes

Statutes > South-dakota > Title-45 > Chapter-04 > Statute-45-4-22

45-4-22. Writs of injunction for affirmative relief--Authority to issue--Restoration of possession of mining property. The circuit court or any judge thereof shall have power to issue writs of injunction for affirmative relief having the force and effect of a writ of restitution restoring any person to the possession of any mining property from which he may have been ousted by force and violence or by fraud, or from possession of which he is kept by threats, or whenever such possession was taken from him by entry of the adverse party on a Sunday or legal holiday or while the party in possession was temporarily absent therefrom; the granting of such writ to extend only to the right of possession under the facts of the case in respect to the manner in which the possession was obtained, leaving the parties to their legal rights on all other questions as though no such writ had issued.

Source: PolC 1877, ch 31, § 20; CL 1887, § 2015; RPolC 1903, § 2549; RC 1919, § 8743; SDC 1939, § 42.0118.