21-29-2. Writ issued when ordinary remedy inadequate–Application and affidavit.
The writ of mandamus must be issued in all cases where there is not a plain, speedy, and adequate remedy, in the ordinary course of law. It must be issued upon affidavit, upon the application of the party beneficially interested.
Source: CCivP 1877, §696; CL 1887, §5518; RCCivP 1903, §765; RC 1919, §3007; SDC 1939 & Supp 1960, §37.4502.