Black v. Circuit Court of Eighth Judicial Circuit

The question presented for determination is whether SDC 37.48 requires a summons to be issued and served for the court to acquire jurisdiction -to enjoin the nuisance described therein or if jurisdiction is obtained by the procedure followed by the plaintiff in the trial court. By SDC 37.4801 places maintained for the purposes of lewdness or prostitution are declared to be nuisances and shall be enjoined and abated as provided in that chapter.

SDC 37.4802 provides:

“Whenever a nuisance is kept, maintained, or exists, as defined -herein, the state’s attorney or any citizen of the c'ounty m-ay…