Section 21-25-1 - Stipulation for submission of controversy to court--Affidavit of good faith--Hearingand judgment. - South Dakota Statutes

21-25-1. Stipulation for submission of controversy to court--Affidavit of good faith--Hearing and judgment. Parties to a question in difference, which might be the subject of a civil action, may, without action, agree upon a case containing the facts upon which the controversy depends, and present a stipulation of submission of the same to any court which would have jurisdiction if an action had been brought. It must appear by affidavit that the controversy is real, and the proceedings in good faith, to determine the rights of the parties. The court shall thereupon hear and determine the case and render judgment thereon as if an action were pending.

Source: CCivP 1877, § 718; CL 1887, § 5540; RCCivP 1903, § 787; RC 1919, § 3026; SDC 1939 & Supp 1960, § 37.0201.