Section 21-31-2 - Application for writ on affidavit--Notice to adverse party--Order to show cause

21-31-2. Application for writ on affidavit--Notice to adverse party--Order to show cause.The application for a writ of certiorari must be made on affidavit by the party beneficially interested, and the court may require a notice of the application to be given to the adverse party, or may grant an order to show cause why it should not be allowed, or may grant the writ without notice. Source: CCivP 1877, §686; CL 1887, §5508; RCCivP 1903, §755; RC 1919, §2997; Supreme Court Rule 556, 1939; SDC 1939 & Supp 1960, §37.0402.