Section 7-19-1 - Circuit court authorization for commencement and prosecution of action.
7-19-1. Circuit court authorization for commencement and prosecution of action. The state's attorney is authorized to commence and prosecute actions in the name of and on behalf of the county, as hereinafter provided.
Whenever in the opinion of the state's attorney the commencement and prosecution of any action is necessary to protect the interests of the county in any matter or to recover any money due the county from any person, he may present to the judge of the circuit court of the circuit in which the county is situated a summons and complaint in such matter and ask leave of the judge to commence such action. If it shall appear to such judge that the interests of the county presumably require the prosecution of such action, he shall make an endorsement to that effect on the summons and thereupon the state's attorney shall have power to commence and prosecute such action.
Source: SL 1897, ch 115, §§ 1 to 3; RPolC 1903, §§ 941 to 943; RC 1919, §§ 6011 to 6013; SDC 1939, § 12.1303.