When a complaint has been filed it shall forthwith be presented to the judge of the circuit court in which it is filed, who shall note thereon the day of presentation and also the day and place where he will hear the same, which shall be not later than ten days thereafter. The candidate who appears upon the face of the returns to have been elected, or to whom a certificate of nomination has been issued, shall be named as defendant. Source: SL 1937, ch 123; SDC 1939, § 16.0239.
§ § 12-22-30Notation of filing of complaint in primary contest--Date of hearing--Apparently successful candidate as defendant
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