885 N.W.2d 350 (2016) 2016 S.D. 62 In the Matter of the ESTATE OF Charles C. COLOMBE, deceased. Rosebud Sioux Tribe, Plaintiff and Appellee, v. Wesley Colombe, as Personal Representative for the Charles C. Colombe Estate, Defendant and Appellant. Supreme Court of South Dakota. No. 27587. Argued April 26, 2016. Decided August 31, 2016. Counsel: […]
Category: South Dakota Supreme Court Opinions
STATE v. JB ENTERPRISES, INC., 2016 S.D. 89 (2016)
2016 S.D. 89 STATE OF SOUTH DAKOTA, by and through the Department of Transportation and the South Dakota Transportation Commission, Plaintiffs and Appellees, v. JB ENTERPRISES, INC., Defendant and Appellant. Nos. 27176, 27181-rev & rem-JMK & DG.Supreme Court of South Dakota. Argued May 27, 2015.Opinion filed December 7, 2016.Appeal from the Circuit Court of the […]
STATE v. MILLER, 2016 S.D. 88 (2016)
2016 S.D. 88 STATE OF SOUTH DAKOTA, by and through the Department of Transportation and the South Dakota Transportation Commission, Plaintiffs and Appellants, v. ROBERT L. MILLER and THOMAS P. WALSH, Defendants and Appellees. No. 27198-rev & rem-JMK & GAS.Supreme Court of South Dakota. Argued September 2, 2015.Opinion Filed December 7, 2016.Appeal from the Circuit […]
SCHLIEM v. STATE, 2016 S.D. 90 (2016)
2016 S.D. 90 CARLYLE SCHLIEM and FARMERS STATE BANK OF CANTON, Plaintiffs and Appellants, v. STATE OF SOUTH DAKOTA, by and through the Department of Transportation and the South Dakota Transportation Commission, Defendants and Appellees. No. 27557-a-DG.Supreme Court of South Dakota. Argued April 26, 2016.Opinion filed December 7, 2016.Appeal from the Circuit Court of the […]
STATE v. JONES, 2016 S.D. 86 (2016)
2016 S.D. 86 STATE OF SOUTH DAKOTA, Plaintiff and Appellee, v. RYAN G. JONES, Defendant and Appellant. No. 27758-a-DG.Supreme Court of South Dakota. Considered on Briefs November 7, 2016.Opinion Filed December 7, 2016.Appeal from the Circuit Court of the Seventh Judicial Circuit, Pennington County, South Dakota, The Honorable Heidi Linngren Judge. MARTY J. JACKLEY, Attorney […]
STATE v. BIRDSHEAD, 2016 S.D. 87 (2016)
2016 S.D. 87 STATE OF SOUTH DAKOTA, Plaintiff and Appellee, v. CHARLES BIRDSHEAD, Defendant and Appellant. No. 27832-a-LSW.Supreme Court of South Dakota. Considered on Briefs November 7, 2016.Opinion filed December 7, 2016.Appeal from the Circuit Court of the Seventh Judicial Circuit Pennington County, South Dakota, The Honorable Wally Eklund Judge. MARTY J. JACKLEY, Attorney General, […]
W. Nat’l Mut. Ins. Co. v. Gateway Bldg. Sys., Inc., 2016 S.D. 85 (2016)
2016 S.D. 85 WESTERN NATIONAL MUTUAL INSURANCE COMPANY, Plaintiff and Appellee, v. GATEWAY BUILDING SYSTEMS, INC., Defendant and Appellant, and DAKOTA MILL & GRAIN, INC., Defendant. #27841 #27842 SUPREME COURT OF THE STATE OF SOUTH DAKOTA CONSIDERED ON BRIEFS ON NOVEMBER 8, 2016 November 30, 2016 Summaries: Source: Justia Dakota Mill & Grain, Inc. filed […]
STATE v. PENTECOST, 2016 S.D. 84 (2016)
2016 S.D. 84 STATE OF SOUTH DAKOTA, Plaintiff and Appellee, v. JOHN T. PENTECOST, Defendant and Appellant. #27696 SUPREME COURT OF THE STATE OF SOUTH DAKOTA ARGUED ON OCTOBER 3, 2016 November 30, 2016 #27696-a-JMK APPEAL FROM THE CIRCUIT COURT OF THE SEVENTH JUDICIAL CIRCUIT PENNINGTON COUNTY, SOUTH DAKOTA THE HONORABLE CRAIG A. PFEIFLE Judge […]
STATE v. KLEVEN, 2016 S.D. 80 (2016)
2016 S.D. 80 STATE OF SOUTH DAKOTA, Plaintiff and Appellee, v. NICHOLAS R. KLEVEN, Defendant and Appellant. #27765 SUPREME COURT OF THE STATE OF SOUTH DAKOTA CONSIDERED ON BRIEFS ON NOVEMBER 7, 2016 November 22, 2016 #27765-a-LSW APPEAL FROM THE CIRCUIT COURT OF THE THIRD JUDICIAL CIRCUIT BROOKINGS COUNTY, SOUTH DAKOTA THE HONORABLE GREGORY J. […]
STATE v. DIAZ, 2016 S.D. 78 (2016)
2016 S.D. 78 STATE OF SOUTH DAKOTA, Plaintiff and Appellee, v. MARICELA DIAZ, Defendant and Appellant. #27432 SUPREME COURT OF THE STATE OF SOUTH DAKOTA ARGUED ON OCTOBER 3, 2016 November 22, 2016 #27432-a-LSW APPEAL FROM THE CIRCUIT COURT OF THE FIRST JUDICIAL CIRCUIT HANSON COUNTY, SOUTH DAKOTA THE HONORABLE TIMOTHY W. BJORKMAN Judge MARTY […]
Black v. Div. of Criminal Investigation, 2016 S.D. 82 (2016)
2016 S.D. 82 MARK BLACK, Appellant, v. DIVISION OF CRIMINAL INVESTIGATION, Appellee. #27784 SUPREME COURT OF THE STATE OF SOUTH DAKOTA ARGUED OCTOBER 3, 2016 November 22, 2016 #27784-a-JMK APPEAL FROM THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT HUGHES COUNTY, SOUTH DAKOTA THE HONORABLE JOHN L. BROWN Judge TIMOTHY R. WHALEN Lake Andes, South […]
STATE v. GREENWOOD, 2016 S.D. 81 (2016)
Supreme Court of South Dakota. STATE of South Dakota, Plaintiff and Appellee, v. Marlin Wayne GREENWOOD, Defendant and Appellant. No. 27791. Decided: November 22, 2016 Marty J. Jackley, Attorney General, John M. Strohman, Assistant Attorney General, Pierre, South Dakota, Attorneys for plaintiff and appellee. Beau J. Blouin of Minnehaha County Public Defender’s Office, Sioux Falls, […]
STATE v. SCHREMPP, 2016 S.D. 79 (2016)
Supreme Court of South Dakota. STATE of South Dakota, Plaintiff and Appellee, v. Brooke Allison SCHREMPP, Defendant and Appellant. No. 27461. Decided: November 22, 2016 Marty J. Jackley, Attorney General, Patricia Archer, Assistant Attorney General, Pierre, South Dakota, Attorneys for plaintiff and appellee. Jason R. Adams of Tschetter & Adams Law Office, PC, Sioux Falls, […]
STATE v. ROGERS, 2016 S.D. 83 (2016)
Supreme Court of South Dakota. STATE of South Dakota, Plaintiff and Appellee, v. James Lewis ROGERS, Jr., Defendant and Appellant. No. 27817. Decided: November 22, 2016 Marty J. Jackley, Attorney General, Ann C. Meyer, Assistant Attorney General, Pierre, South Dakota, Attorneys for plaintiff and appellee. Paul Eisenbraun, Ellery Grey of Grey & Eisenbraun, Rapid City, […]
KONRAD v. STOEBNER, 2016 S.D. 77 (2016)
Supreme Court of South Dakota. Thomas KONRAD, Plaintiff and Appellee, v. Myron R. STOEBNER and Patricia Stoebner, Defendants and Appellants. No. 27772. Decided: November 02, 2016 Robert T. Konrad of Olinger, Lovald, McCahren, Van Camp & Konrad, PC, Pierre, South Dakota, Attorneys for plaintiff and appellee. Scott R. Swier, Michael A. Henderson of Swier Law […]
OESTERLING v. OESTERLING, 354 N.W.2d 735 (1984)
M. Irene OESTERLING, Plaintiff and Appellant, v. Richard W. OESTERLING, Defendant and Appellee. No. 14200.Supreme Court of South Dakota.Considered on Briefs January 19, 1984. Decided September 12, 1984. Appeal from the Circuit Court, Second Judicial Circuit, Minnehaha County, Gene Paul Kean, J. Joseph Rimlinger, East River Legal Services, Sioux Falls, for plaintiff and appellant. Richard […]
ROTHLUEBBERS v. OBBE, 2003 SD 95
668 N.W.2d 313 GUENTHER and MARIA ROTHLUEBBERS, Plaintiffs and Appellees, v. HANSPETER OBEE AND AGRAR TOUR GMBH, Defendants and Appellants. CHRISTL JACOB, Individually, and as Personal Representative for the Estate of HORST JACOB, Plaintiffs and Appellees, v. HANSPETER OBEE and AGRAR TOUR GMBH, Defendants and Appellants. Nos. 22527 and 22528Supreme Court of South Dakota.Argued April […]
CRAWFORD v. HANSON, 73 S.D. 249 (1950)
41 N.W.2d 646 STATE ex rel. CRAWFORD, Petitioner, v. HANSON, Respondent File No. 9149.Supreme Court of South Dakota. Opinion filed February 27, 1950. Original proceeding in the Supreme Court for peremptory writ of mandamus. Writ allowed. Churchill Churchill, Huron, for Petitioner. Jon Fosheim, Max Royhl, Boyd M. Benson, Huron, for Respondent. PER CURIAM. In harmony […]
STATE v. HEUMILLER, 317 N.W.2d 126 (1982)
STATE of South Dakota, Plaintiff and Appellee, v. Ernest H. HEUMILLER, Defendant and Appellant. No. 13445.Supreme Court of South Dakota.Considered on Briefs November 17, 1981. Decided March 3, 1982. Appeal from the Circuit Court, Fourth Judicial Circuit, Cook County, Boyd L. McMurchie, J. Page 127 Jeff Hallem, Asst. Atty. Gen., Pierre, for plaintiff and appellee; […]
STATE v. WURTZ, 436 N.W.2d 839 (1989)
STATE of South Dakota, Plaintiff and Appellee, v. Ruben M. WURTZ, Defendant and Appellant. No. 16090.Supreme Court of South Dakota.Considered on Briefs September 1, 1988. Decided March 1, 1989. Appeal from the Circuit Court, Fifth Judicial Circuit, Edmunds County, Vernon C. Evans, J. Page 840 Frank Geaghan, Asst. Atty. Gen., Pierre, for plaintiff and appellee; […]
SIOUX FALLS v. JAGER, 69 S.D. 578 (1944)
13 N.W.2d 52 CITY OF SIOUX FALLS, Respondent, v. JAGER, Appellant File No. 8656.Supreme Court of South Dakota. Opinion filed February 11, 1944. Criminal Law. Where respondent filed in Supreme Court written confession of error in which there were certain recitals of questions asked relating to prior prosecution and an examination of record indicated that […]
HEIN v. MARTS, 295 N.W.2d 167 (1980)
Walter HEIN and Wanyce Hein, Plaintiffs and Appellees, v. Thomas MARTS, and the South Dakota Department of Natural Resource Development, Defendants and Appellants. Nos. 12843, 12845.Supreme Court of South Dakota.Argued March 17, 1980. Decided July 30, 1980. Appeal from the Circuit Court, Sixth Judicial Circuit, Gregory County, Marvin S. Talbott, J. Page 168 Gary E. […]
BOGUE v. SACHS, 68 S.D. 18 (1941)
297 N.W. 793 In Re SACHS’ ESTATE BOGUE, et al, Respondents, v. SACHS, et al, Appellants File No. 8433.Supreme Court of South Dakota. Opinion filed April 29, 1941. 1. Executors and Administrators. The personal representative of a decedent is entitled to reimbursement for attorney’s fees for services rendered in administration of his trust, and in […]
HOEKMAN v. NELSON, 2000 SD 99
614 N.W.2d 821 ALVIN HOEKMAN and BETTE HOEKMAN, Plaintiffs and Appellants, v. TIMOTHY NELSON and Federal Express Corporation, Defendants and Appellees. No. 21270Supreme Court of South Dakota.Argued May 31, 2000; Opinion Filed July 26, 2000. Appeal from the First Judicial Circuit, Davison Co, SD Hon. Ronald K. Miller, Judge, #21270 — Affirmed. Page 822 Chad […]
McDONOUGH v. KAHLE, 1999 SD 14
588 N.W.2d 600 CLARENCE DALE McDONOUGH, a/k/a Dale McDonough Estate, Iris McDonough and Fred M. Zoss, Personal Representatives, Plaintiff and Appellant, v. ROGER KAHLE, Defendant and Appellee. Supreme Court of South Dakota.Considered on Briefs October 19, 1998 Opinion Filed February 3, 1999 Appeal from the Fourth Judicial Circuit, Sanborn County, SD, Hon. Ronald K. Miller, […]
SPAAN v. SPAAN, 779 N.W.2d 167 (S.D. 2010)
Spaan v. Spaan. No. 25192.Supreme Court of South Dakota. November 23, 2009. Abstracts of Summary Dispositions Fiscal Year 2010, Affirmed (KKC).
WEINS v. SPORLEDER, 2000 SD 10
605 N.W.2d 488 JIM WEINS and Mac Meyer, Plaintiffs and Appellees, v. ROBERT A. SPORLEDER, Defendant, and Merle Van Liere, and EN-R-G Max, Inc., Defendants and Appellants. No. 20858.Supreme Court of South Dakota.Considered on Briefs September 15, 1999. Opinion Filed January 26, 2000. Appeal from the Second Judicial Circuit, Minnehaha County, SD Hon. Glen A. […]
ORRICER v. STATE, 85 S.D. 293 (1970)
181 N.W.2d 461 ORRICER, Petitioner v. STATE, Respondent File No. 10799.Supreme Court of South Dakota. Opinion filed December 4, 1970 Page 294 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 295 Appeal from Circuit Court, Clay County; Hon. James R. Bandy, Judge. […]
EMERY v. HUNT, 2000 SD 97
615 N.W.2d 590 STEVEN C. EMERY, Rocky Le Compte, and James Picotte, Plaintiffs, v. ROGER HUNT, in his official capacity as Speaker of the South Dakota House of Representatives, the South Dakota House of Representatives, Carole Hillard, in her official capacity as President of the South Dakota Senate, South Dakota Senate, and Joyce Hazeltine, in […]
FIRST NATIONAL BANK v. BOWE, 65 S.D. 255 (1937)
273 N.W. 4 FIRST NATIONAL BANK OF CHICAGO, Respondent, v. BOWE, et al, Appellants. File No. 7965.Supreme Court of South Dakota. Opinion filed April 28, 1937. 1. Mortgages. Whether mortgagee’s transferee is liable to mortgagors’ successor for rents and profits of mortgaged premises while transferee was in possession thereof prior to issuance of sheriff’s deed […]
MEYLINK v. MINN. CO-OP. OIL CO., 67 S.D. 187 (1940)
291 N.W. 572 MEYLINK, Respondent, v. MINNEHAHA COOPERATIVE OIL CO., A Corporation, Appellant File No. 8299.Supreme Court of South Dakota. Opinion filed April 10, 1940. 1. Appeal and Error. After denial of new trial, appellate court will not disturb for insufficiency of evidence verdict supported by any substantial credible evidence exceeding mere scintilla. 2. Appeal […]
SCHMIERER v. MERCER, 67 S.D. 639 (1941)
297 N.W. 682 SCHMIERER, Respondent, v. MERCER (ZURICH GENERAL ACCIDENT AND LIABILITY INSURANCE CO., LTD., Garnishee) Appelant File No. 8406.Supreme Court of South Dakota. Opinion filed April 29, 1941. 1. Insurance. Under insurance policy, obligating insurer to pay sums which insured, motor company should become obligated to pay because of legal liability for damages caused […]
STATE v. SPRATLIN, 90 S.D. 541 (1976)
243 N.W.2d 386 STATE, Plaintiff v. SPRATLIN, Defendant File No. 11660.Supreme Court of South Dakota. Opinion filed June 24, 1976 Page 542 Appeal from the Circuit Court of Butte County; Hon. R. E. Brandenburg, Judge. Affirmed. John H. Shepard, of Morman, Smit Shepard, Sturgis, for defendant and appellant. No appearance for the State. WOLLMAN, Justice. […]
MUSHITZ v. FIRST BANK OF SOUTH DAKOTA, 457 N.W.2d 849 (1990)
Ed MUSHITZ, a/k/a Edwin T. Mushitz, and Mary Mushitz, a/k/a Mrs. Ed Mushitz, and Mary A. Mushitz, Riverview Ranch Living Trust, Patrick Mushitz, and Thomas Mushitz, Plaintiffs/Appellants, v. FIRST BANK OF SOUTH DAKOTA, N.A., a South Dakota Banking Corporation, Defendant/Appellant. No. 16807.Supreme Court of South Dakota.Considered on Briefs February 13, 1990. Decided June 20, 1990. […]
STATE v. HILTON, 59 S.D. 459 (1932)
240 N.W. 494 STATE, Appellant, v. HILTON, Defendant, (REIERSONS, Inc., Intervener, Respondent). File No. 7259.Supreme Court of South Dakota. Opinion filed February 5, 1932. Appeal and Error. Where no abuse of discretion appears in allowance of new trial in proceeding to forfeit truck for use in transporting liquor, order will be affirmed. Appeal from Circuit […]
STATE v. LAFFERTY, 2006 SD 50
716 N.W.2d 782 STATE of South Dakota, Plaintiff and Appellant, v. Joseph A. LAFFERTY, Defendant and Appellee. No. 23772.Supreme Court of South Dakota.Argued on April 26, 2006. Decided June 14, 2006. Appeal from the Circuit Court of the Seventh Judicial Circuit, Pennington County, Janine M. Kern, J. Page 783 Glenn A. Brenner, Pennington County State’s […]
JOHNSON v. OLSON, 70 S.D. 348 (1945)
17 N.W.2d 697 JOHNSON, Appellant, v. OLSON, Respondent. File No. 8735.Supreme Court of South Dakota. Opinion filed February 16, 1945. 1. Appeal and Error. Amendment changing time for taking an appeal from judgment from 12 to 6 months was not intended to operate retroactively so as to terminate right of appeal which existed when amendment […]
NORLING v. NORLING, 703 N.W.2d 671 (S.D. 2003)
NORLING v. NORLING. No. 22718.Supreme Court of South Dakota. October 14, 2003. Abstract of summary disposition Affirmed (GE).
MYEARS v. CHARLES MIX COUNTY, 1997 SD 89
566 N.W.2d 470 Ernest MYEARS and Tracy Myears, Plaintiffs, v. CHARLES MIX COUNTY, South Dakota, Defendant and Appellee, and Richard Hilleren, Intervenor and Appellant. No. 19793.Supreme Court of South Dakota.Argued March 26, 1997. Decided July 16, 1997. Appeal from the Circuit Court, First Judicial District, Charles Mix County, Lee A. Tappe, J. Page 471 Michael […]
HENRICHS v. HENRICHS, 426 N.W.2d 569 (1988)
Gerald O’Dell HENRICHS, Plaintiff and Appellee, v. Marvella May HENRICHS, Defendant and Appellant. Nos. 15773, 15796.Supreme Court of South Dakota.Considered on Briefs March 21, 1988. Decided June 29, 1988. Appeal from the Circuit Court, Fourth Judicial Circuit, Lake County, Ronald K. Miller. Page 570 Wilson Kleibacker of Lammers, Lammers Kleibacker, Madison, for plaintiff and appellee. […]
STATE v. ROME, 426 N.W.2d 19 (1988)
STATE of South Dakota, Plaintiff and Appellee, v. Anthony ROME, Sr., Defendant and Appellant. No. 15925.Supreme Court of South Dakota.Argued May 23, 1988. Decided July 13, 1988. Appeal from the Circuit Court, Second Judicial Circuit, Minnehaha County, Richard D. Hurd, J. Page 20 Frank E. Geaghan, Asst. Atty. Gen., Pierre, for plaintiff and appellee; Roger […]
CLEMENTSON v. UNION COUNTY, 63 S.D. 104 (1934)
256 N.W. 794 CLEMENTSON, Respondent, v. UNION COUNTY, Appellant. File No. 7741.Supreme Court of South Dakota. Opinion filed October 17, 1934. 1. Highways. County is liable under statute for negligent failure to maintain highway which is part of county highway system and not within limits of city or incorporated town (Rev. Code 1919, §§ 8589, […]
FED. LAND BANK v. HOUCK, 68 S.D. 449 (1942)
4 N.W.2d 213 THE FEDERAL LAND BANK OF OMAHA, Appellant, v. HOUCK, Respondent File No. 8477.Supreme Court of South Dakota. Opinion filed May 27, 1942. 1. Appeal and Error. The right to a review of evidence on an appeal from a judgment predicated upon the ruling of the trial court upon a motion for directed […]
STORM v. STORM, 400 N.W.2d 457 (1987)
Frances L. STORM, Plaintiff and Appellant, v. James E. STORM, Defendant and Appellee. No. 15307.Supreme Court of South Dakota.Considered on Briefs October 24, 1986. Decided January 28, 1987. Appeal from the Circuit Court, Eighth Judicial Circuit, Butte County, Scott C. Moses, J. Wesley W. Buckmaster of Stephens, Quinn Buckmaster, Belle Fourche, for plaintiff and appellant; […]
CONNELLY v. CONNELLY, 374 N.W.2d 633 (1985)
Bernetta M. CONNELLY, Plaintiff and Appellant, v. James Keith CONNELLY, Defendant and Appellee. No. 14665.Supreme Court of South Dakota.Considered on Briefs February 4, 1985. Decided October 2, 1985. Rehearing Denied November 8, 1985. Appeal from the Circuit Court, Second Judicial Circuit, Minnehaha County, William H. Heuermann, J. Thomas K. Wilka of Hagen Wilka, Sioux Falls, […]
ALPHA GAMMA ZETA HOUSE ASSOC. v. CLAY BD., E., 1998 SD 101
583 N.W.2d 167 ALPHA GAMMA ZETA HOUSE ASSOC.; Alpha Phi Corp.; PSI Chapter; Alpha Xi Delta Assoc.; Delta Gamma Chapter Assoc. Corp.; Gamma Alpha Alumni Corp.; Kappa Alpha Theta Corp.; Pi Beta Phi Assoc.; Tridentia Chapter House Corp.; Sigma Nu House Corp.; and South Dakota Sigma Chapter House Assoc., Appellants, v. CLAY COUNTY BOARD OF […]
NORTHWESTERN NAT’L BANK OF SIOUX FALLS v. BRANDON, 88 S.D. 453 (1974)
221 N.W.2d 12 NORTHWESTERN NATIONAL BANK OF SIOUX FALLS, et al., Appellants v. BRANDON et ux, Respondents File No. 11385.Supreme Court of South Dakota. Opinion filed August 30, 1974 Page 454 Appeal from the Circuit Court of Minnehaha County; Hon. Richard Braithwaite, Judge. M.T. Woods of Woods, Fuller, Shultz Smith, Sioux Falls, for plaintiffs and […]
STATE v. KORTH, 2002 SD 101
650 N.W.2d 528 STATE OF SOUTH DAKOTA, Plaintiff and Appellee, v. LANCE KORTH, Defendant and Appellant. STATE OF SOUTH DAKOTA, Plaintiff and Appellee, v. SHEILA STEELE, Defendant and Appellant. Nos. 22058, 22100Supreme Court of South Dakota.Argued On May 30, 2002. Opinion Filed August 14, 2002. Appeal From The Circuit Court Of The Seventh Judicial Circuit […]
SIOUX FALLS v. JACOBSON, 75 S.D. 610 (1955)
71 N.W.2d 84 CITY OF SIOUX FALLS, Respondent v. JACOBSON, Appellant File No. 9455.Supreme Court of South Dakota. Opinion filed June 28, 1955. 1. Intoxicating Liquors. Where defendant was president of a corporation to which an on-sale intoxicating liquor license had been issued and was the manager of the business, by aiding and abetting the […]
STATE v. JONES, 521 N.W.2d 662 (1994)
STATE of South Dakota, Plaintiff and Appellee, v. Jason JONES, Defendant and Appellant. The PEOPLE of the State of South Dakota in the INTERESTS of J.J., Minor Child, and Concerning D.C. Nos. 18161, 18172.Supreme Court of South Dakota.Argued March 21, 1994. Decided September 14, 1994. Appeal from the First Judicial Circuit Court, Charles Mix County, […]
PEOPLE IN INTEREST OF T.L.J., 303 N.W.2d 800 (1981)
The PEOPLE of the State of South Dakota, In the Interest of T.L.J. and D.M.J., Minor Children, and Concerning M.J. and K.J. and the Department of Social Services. Nos. 13133, 13134, 13142, 13175.Supreme Court of South Dakota.Argued January 7, 1981. Decided April 1, 1981. Appeal from the Circuit Court, Eighth Judicial Circuit, Lawrence County, Scott […]
DALE v. PELTON, 365 N.W.2d 1 (1985)
Byron C. DALE, Plaintiff and Appellant, v. Dr. Charles L. PELTON, a/k/a Charles L. Pelton, Defendant and Appellee. 14679.Supreme Court of South Dakota.Considered on Briefs January 8, 1985. Decided March 27, 1985. Appeal from the Eighth Judicial Circuit Court, Corson County, Robert L. Tschetter and Warren G. Johnson, JJ. Byron C. Dale, pro se. Steven […]
STATE v. ELDER, 77 S.D. 540 (1959)
95 N.W.2d 592 STATE, Respondent v. ELDER, Appellant File No. 9711.Supreme Court of South Dakota. Opinion filed March 23, 1959 Page 541 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 542 Appeal from Circuit Court, Pennington County; Hon. Thomas Parker, Judge. Affirmed. […]
STATE v. DEVINE, 257 N.W.2d 606 (1977)
STATE of South Dakota, Plaintiff and Respondent, v. James DEVINE, Defendant and Appellant. No. 12256.Supreme Court of South Dakota. September 13, 1977. Appeal from the Circuit Court, Sixth Judicial Circuit, Mellette County, Donald L. Heck, J. William J. Janklow, Atty. Gen., Judith A. Atkinson, Asst. Atty. Gen., Pierre, Eugene Jones, Mellette County State’s Atty., White […]
MINNESOTA CRANE v. S. DAK. DEPT. OF REV., 1998 SD 127
587 N.W.2d 453 MINNESOTA CRANE CORPORATION, Appellant. v. SOUTH DAKOTA DEPARTMENT OF REVENUE, Appellee. No. 20432.Supreme Court of South Dakota.Argued December 3, 1998. Decided December 23, 1998. Appeal from the Circuit Court, Sixth Judicial Circuit, Hughes County, Steven L. Zinter, J. Darla Pollman Rogers of Meyer and Rogers, Pierre, for appellant. Harvey M. Crow, Jr., […]
STATE v. SNYDER, 74 S.D. 14 (1951)
48 N.W.2d 238 In re SNYDER’S ESTATE STATE, Appellant, v. SNYDER, Respondent File No. 9186.Supreme Court of South Dakota. Opinion filed May 31, 1951. Page 15 Appeal from Circuit Court, Bennett County; Hon. J.R. Cash, Judge. Reversed. Sigurd Anderson, Atty. Gen., Benj. D. Mintener, Asst. Atty. Gen., for Plaintiff and Appellant. Hooper Herman, Gregory, for […]
STATE v. TAPIO, 459 N.W.2d 406 (1990)
STATE of South Dakota, Plaintiff and Appellee, v. Robert Dean TAPIO, Defendant and Appellant. Nos. 16634, 16653.Supreme Court of South Dakota.Argued March 21, 1990. Decided July 11, 1990. Appeal from the Circuit Court of the Seventh Judicial Circuit, Pennington County, Marshall P. Young, J. Page 407 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT […]
PERDUE v. STATE, 341 N.W.2d 382 (1983)
James LeRoy PERDUE, Petitioner and Appellant, v. STATE of South Dakota, Appellee. No. 14157.Supreme Court of South Dakota.Considered on Briefs October 27, 1983. Decided December 7, 1983. Appeal from the Circuit Court, Third Judicial Circuit, Beadle County, Thomas G. Ries, J. Thomas M. Frankman of Willy, Pruitt, Matthews, Farrell, Frankman Johnson, Sioux Falls, for petitioner […]
VERRY v. CITY OF BELLE FOURCHE, 1999 SD 102
598 N.W.2d 544 DARLENE VERRY, Plaintiff and Appellee, v. CITY OF BELLE FOURCHE, a municipal corporation, Defendant and Appellant. Supreme Court of South Dakota.Argued April 28, 1999. Opinion Filed July 28, 1999. Page 545 Appeal from the Eighth Judicial Circuit, Butte County, SD, Hon. John W. Bastian, Judge, #20714 — Affirmed. Leroy Hill, Belle Fourche, […]
KLEIN v. MENKE, 83 S.D. 511 (1968)
162 N.W.2d 219 KLEIN, Respondent v. MENKE, Appellant File No. 10526.Supreme Court of South Dakota. Opinion filed October 30, 1968 Page 512 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 513 Appeal from Circuit Court, Tripp County; Hon. John B. Jones, Judge. […]
LOVEJOY v. LOVEJOY, 2010 SD 39
782 N.W.2d 669 Michael LOVEJOY, Plaintiff and Appellant, v. Mildred M. LOVEJOY, Defendant and Appellee. Nos. 25311, 25321.Supreme Court of South Dakota.Considered on Briefs March 22, 2010. Decided May 12, 2010. Appeal from the Circuit Court of the First Judicial Circuit, Clay County, Glen W. Eng, J. Page 670 Gregory T. Brewers of Strange, Farrell, […]
SOUTH DAKOTA REAL ESTATE COM’N v. HAGGAR, 446 N.W.2d 66 (1989)
SOUTH DAKOTA REAL ESTATE COMMISSION, Plaintiff and Appellee, v. Donald A. HAGGAR, Defendant and Appellant. No. 16315.Supreme Court of South Dakota.Argued February 15, 1989. Decided September 27, 1989. Appeal from the Circuit Court, Seventh Judicial Circuit, Pennington County, Merton B. Tice, Jr., J. Page 67 Michael M. Hickey of Bangs, McCullen, Butler Foye Simmons, Rapid […]
STATE v. MARTIN, 449 N.W.2d 29 (1989)
STATE of South Dakota, Plaintiff and Appellee, v. Darrell G. MARTIN, Defendant and Appellant. No. 16580.Supreme Court of South Dakota.Argued October 17, 1989. Decided December 6, 1989. Appeal from the Circuit Court of the First Judicial Circuit, Lincoln County, E.W. Hertz, J. Page 30 Jeff Masten, Lincoln County State’s Atty., Canton, (Roger A. Tellinghuisen, Atty. […]
NICOLA v. TOWN OF BRANDT, 74 S.D. 511 (1952)
54 N.W.2d 564 NICOLA et al., Appellants, v. TOWN OF BRANDT, Respondent File No. 9284.Supreme Court of South Dakota. Opinion filed August 25, 1952. Appeal from Circuit Court, Deuel County; Hon. Vern G. Wohlheter, Judge. Law Law, Clear Lake, for Plaintiffs and Appellants. Gunderson Gunderson, Clear Lake, and Loucks, OviattBradshaw, Watertown, for Defendant and Respondent. […]
MATTER OF VAN ZANTEN, 1999 SD 79
598 N.W.2d 861 IN THE MATTER OF THE CONDITIONAL USE PERMIT GRANTED TO GREG VAN ZANTEN For Expansion of an Animal Confinement Operation on Property Located in Section 36, Township 105, Range 52, Lake County, South Dakota. Supreme Court of South Dakota.Argued January 12, 1999. Opinion Filed June 30, 1999. Appeal from the Fourth Judicial […]
STATE v. D.T, 2003 SD 88
667 N.W.2d 694 THE PEOPLE OF THE STATE OF SOUTH DAKOTA, IN THE INTEREST OF D.T., Jr., MINOR CHILD, AND CONCERNING P.T AND D.T., Sr., RESPONDENTS No. 22522Supreme Court of South Dakota.Considered On Briefs June 27, 2003 Opinion Filed July 23, 2003 Page 695 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL […]
AGR. CR. CORP. v. N.W. SEC. NAT’L BK., 66 S.D. 276 (1938)
281 N.W. 505 FARMERS UNION AGR. CR. CORP., Appellant, v. NORTHWEST SECURITY NATIONAL BANK, Respondent File No. 8152.Supreme Court of South Dakota. Opinion filed October 7, 1938. 1. Banks and Banking. A bank is liable to a depositor for money paid from his deposit on a forged check. 2. Principal and Agent. An agent’s authority […]
SMITH AND HOUSKA v. CHARLES MIX CO., 85 S.D. 343 (1970)
182 N.W.2d 223 SMITH and HOUSKA, Respondents v. CHARLES MIX COUNTY et al., Appellants File No. 10754.Supreme Court of South Dakota. Opinion filed December 18, 1970 1. Highways. Where county highway diverted overflow water from creek, the road ditch providing an artificial and unnatural outlet, and, in absence of sufficient culverts, the highway acted as […]
IN RE NORTHWESTERN BELL, 73 S.D. 370 (1950)
43 N.W.2d 553 In Re NORTHWESTERN BELL TELEPHONE COMPANY File Nos. 9161, 9169.Supreme Court of South Dakota. Opinion filed July 10, 1950. Page 371 Appeal from Circuit Court, Charles Mix County; Hon. W.W. Knight, Judge. Application to adjust rates and charges for telephone service. From adverse ruling, commission and intervenors appeal. Judgment affirmed. Page 372 […]
WILSON v. WILSON, 434 N.W.2d 742 (1989)
Karon J. (Anderson) WILSON, Plaintiff and Appellee. v. William (Bill) WILSON, Defendant and Appellant. No. 16148.Supreme Court of South Dakota.Considered on Briefs October 13, 1988. Decided January 11, 1989. Appeal from the Circuit Court, First Judicial Circuit, Turner County, Riley W. Connelly, J. Page 743 Kenneth D. Bertsch of Ulmer Hertz, Menno, for plaintiff and […]
WAGNER v. WAGNER, 2006 SD 31
712 N.W.2d 653 Amy WAGNER n/k/a Amy Lyngstad, Plaintiff and Appellee, v. Michael WAGNER, Defendant and Appellant. No. 23689.Supreme Court of South Dakota.Considered on Briefs February 13, 2006. Decided March 29, 2006. Rehearing Denied May 1, 2006. Appeal from the Circuit Court, First Judicial Circuit, Yankton County, Lee D. Anderson, J. Page 654 [EDITORS’ NOTE: […]
KANE v. SCHNITZLER, 376 N.W.2d 337 (1985)
George KANE, Plaintiff and Appellant, v. Detlef SCHNITZLER and Faith Schnitzler, Defendants and Appellees. Nos. 14772, 14783.Supreme Court of South Dakota.Considered on Briefs September 12, 1985. Decided October 30, 1985. Appeal from the Circuit Court, Eighth Judicial Circuit, Lawrence County, Robert L. Tschetter, J. David L. Braun of Gors, Braun Carlon, Pierre, for plaintiff and […]
STATE v. MARRINER, 70 S.D. 406 (1945)
18 N.W.2d 248 STATE, Respondent v. MARRINER, Appellant File No. 8718.Supreme Court of South Dakota. Opinion filed April 16, 1945. Appeal from Municipal Court of Sioux Falls; Hon. Gale B. Braithwaite, Judge pro tem. Charles Lacey, of Sioux Falls, for Appellant. George T. Mickelson, Atty. Gen., Charles P. Warren, Asst. Atty. Gen., and John R. […]
CHILDERS v. STIEFEL, 65 S.D. 587 (1937)
276 N.W. 728 CHILDERS, Appellant, v. STIEFEL, et al, Respondents. File No. 8120.Supreme Court of South Dakota. Opinion filed December 24, 1937. Appeal and Error. Where appellant had filed no brief within extended time permitted by stipulation of counsel and no further steps had been taken in prosecution of appeal, appeal was deemed abandoned, and […]
OLSON v. JOHN MORRELL CO., 703 N.W.2d 173 (S.D. 2002)
OLSON v. JOHN MORRELL CO. No. 22200.Supreme Court of South Dakota. April 30, 2002. Affirmed (JRE).