590 N.W.2d 254 ESTATE OF ROBERT G. JETTER, Deceased. No. 20598.Supreme Court of South Dakota.Argued December 2, 1998. Decided March 17, 1999. Appeal from the Sixth Judicial Circuit, Haakon County, SD Hon. Max A. Gors, Judge. Page 255 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY […]
Category: South Dakota Supreme Court Opinions
PENNINGTON v. STATE EX REL. JUD. SYSTEM, 2002 SD 31
641 N.W.2d 127 PENNINGTON COUNTY, a political Subdivision of the State of South Dakota, Plaintiff and Appellant, v. STATE OF SOUTH DAKOTA, Acting by and Through the UNIFIED JUDICIAL SYSTEM; D.J. HANSON, in his Official Capacity as Acting State Court Administrator; and JEFFREY KRATTENMAKER, in his Official Capacity as Court Administrator for the Seventh Judicial […]
STATE v. ZACHODNI, 466 N.W.2d 624 (1991)
STATE of South Dakota, Plaintiff and Appellant, v. John A. ZACHODNI and Linda W. Zachodni, Defendants and Appellees. Nos. 16970, 16990.Supreme Court of South Dakota.Argued September 17, 1990. Decided February 13, 1991. Appeal from the Circuit Court of the Second Judicial Circuit, Minnehaha County, Robert A. Amundson, J. Page 625 Craig M. Eichstadt, Asst. Atty. […]
HORN v. KAUPP, 82 S.D. 437 (1967)
147 N.W.2d 607 HORN, Respondent v. KAUPP et al., Appellants File No. 10317.Supreme Court of South Dakota. Opinion filed January 4, 1967 1. Corporations. Evidence in action by director-elect to establish right to serve on board of directors of cooperative corporation was sufficient to sustain finding that no fraud was practiced either by candidates or […]
STATE v. O’CONNOR, 86 S.D. 294 (1972)
194 N.W.2d 246 STATE, Respondent v. O’CONNOR, Appellant File No. 10846.Supreme Court of South Dakota. Opinion filed February 8, 1972 Page 295 Appeal from the circuit court of Minnehaha County; Hon. Roy D. Burns, Judge. Woods, Fuller, Shultz Smith, and John E. Simko, Sioux Falls, for defendant and appellant. Gordon Mydland, Atty. Gen., William J. […]
STATE v. TALARICO, 2003 SD 41
661 N.W.2d 11 STATE OF SOUTH DAKOTA, Plaintiff and Appellee, v. RONALD LOUIS TALARICO, Defendant and Appellant. No. 22334Supreme Court of South Dakota.Argued On January 14, 2003. Opinion Filed April 16, 2003. Appeal from the Circuit Court of The Fourth Judicial Circuit, Meade County, South Dakota Honorable Jerome A. Eckrich, III, Judge. Page 12 [EDITORS’ […]
WESTON v. JONES, 1999 SD 160
603 N.W.2d 706 CYNTHIA R. WESTON, f/k/a Cynthia R. Jones, Plaintiff and Appellee, v. GORDON E. JONES JR., Defendant and Appellant. 20958.Supreme Court of South Dakota.Considered on Briefs September 13, 1999. Opinion Filed December 22, 1999. Appeal from the Fourth Judicial Circuit, Moody County, SD Hon. Boyd L. McMurchie, Judge, #20958 — Affirmed John A. […]
COWAN v. MERVIN MEWES, INC., 1996 SD 40
546 N.W.2d 104 Todd COWAN, Plaintiff and Appellee, v. MERVIN MEWES, INC., Defendant and Appellant. MERVIN MEWES, INC., Plaintiff and Appellant, v. Todd COWAN, Defendant and Appellee, Nos. 19274, 19304.Supreme Court of South Dakota.Considered on Briefs February 15, 1996. Decided April 17, 1996. Page 105 Appeal from the Circuit Court of the Sixth Judicial Circuit […]
EDD v. H.O.L.C., 67 S.D. 190 (1940)
291 N.W. 573 EDD, et al, Respondents, v. THE HOME OWNERS’ LOAN CORP., Appellant File No. 8293.Supreme Court of South Dakota. Opinion filed April 10, 1940. Appeal and Error — Costs. Where order extending period of redemption from mortgage foreclosure sale to March 1, 1940, under provisions of statute, had expired by its own terms, […]
LUNDQUIST v. FIRST NATIONAL BANK, 65 S.D. 95 (1937)
271 N.W. 664 LUNDQUIST, Respondent, v. FIRST NATIONAL BANK OF BERESFORD, et al, Appellants. File No. 7894.Supreme Court of South Dakota. Opinion filed February 23, 1937. 1. Limitation of Actions. As respects bar of limitations against action for fraud, brought over six years after transactions out of which cause of action arose, whether plaintiff was […]
IN RE GUIDER’S ESTATE, 63 S.D. 495 (1935)
260 N.W. 828 In Re GUIDER’S ESTATE. TALBOT, Appellant, v. GUIDER, Respondent. File No. 7744.Supreme Court of South Dakota. Opinion filed May 20, 1935. Descent and Distribution. Mother of deceased intestate wife held not entitled, as against surviving husband, to one-half of surplusage of intestate’s estate over $20,000, which estate was increased through increased value […]
VETERANS ADMINISTR’N v. STEADMAN, 64 S.D. 156 (1936)
265 N.W. 596 VETERANS ADMINISTRATION OF THE U.S., Respondent, v. STEADMAN, et al, Appellants. File No. 7827.Supreme Court of South Dakota. Opinion filed March 7, 1936. 1. Guardian and Ward. Second mortgages are not proper security for loan by a guardian regardless of value of property, particularly where guardian is entirely without funds to protect […]
H.O.L.C. v. STRONG’S INC., 69 S.D. 81 (1942)
6 N.W.2d 446 HOME OWNERS’ LOAN CORP., Appellant, v. STRONGS’ INC., et al, Respondents File No. 8534.Supreme Court of South Dakota. Opinion filed November 28, 1942. 1. Guaranty. The liability of guarantors endorsing lease is coextensive with term provided for in the lease. 2. Guaranty. Where lease for period of eighteen months provided that as […]
STATE v. OSTER, 495 N.W.2d 305 (1993)
STATE of South Dakota, Plaintiff and Appellee, v. Marvin OSTER, Jr., Defendant and Appellant. No. 17745.Supreme Court of South Dakota.Argued October 7, 1992. Decided January 27, 1993. Rehearing Denied February 19, 1993. Appeal from the Circuit Court, Eighth Judicial Circuit, Butte County, Robert L. Tschetter, J. Page 306 Mark Barnett, Atty. Gen., Joan Boos Schueller, […]
STATE v. VANDERHULE, 59 S.D. 251 (1931)
239 N.W. 485 STATE, Appellant, v. VANDERHULE, Respondent. File No. 7088.Supreme Court of South Dakota. Opinion filed December 1, 1931. 1. Constitutional Law. Supreme Court is confined to definition of semi-trailer as prescribed by Legislature (Laws 1929, c. 251, § 1, subd. h). 2. Automobiles. Statute construed to mean that, to extent weight of semi-trailer […]
GRIFFIS v. STATE, 69 S.D. 439 (1943)
11 N.W.2d 138 GRIFFIS, et al., Plaintiffs v. STATE, Defendant File No. 8401.Supreme Court of South Dakota. Opinion filed October 6, 1943. 1. States. Stipulations, requiring a written order for any alterations for extra work, inserted in contracts for public works, are construed to be binding on the parties and to prevent a recovery for […]
BURKE v. THOMAS CHEVROLET, 88 S.D. 660 (1975)
227 N.W.2d 31 BURKE, Respondent v. THOMAS CHEVROLET, et al., Appellants File No. 11492.Supreme Court of South Dakota. Opinion filed March 19, 1975 Page 661 Appeal from the Circuit Court of Minnehaha County; Hon. John L. Wilds, Judge. Gale E. Fisher of May, Johnson Burke, Sioux Falls, for plaintiff and respondent. Ronald J. Wheeler of […]
TESCH v. TESCH, 399 N.W.2d 880 (1987)
William A. TESCH, Plaintiff and Appellant, v. Betty L. TESCH, Defendant and Appellee. No. 15274.Supreme Court of South Dakota.Argued October 23, 1986. Decided January 14, 1987. Appeal from the Circuit Court, Pennington County, Seventh Judicial Circuit, Roland E. Grosshans, J. Page 881 Kenneth E. Jasper of Jasper Tobin Law Office, Rapid City, for plaintiff and […]
AMERICAN FAMILY INS. GROUP, ROBNIK, 2010 SD 69
787 N.W.2d 768 AMERICAN FAMILY INSURANCE GROUP, Plaintiff and Appellee, v. Heather ROBNIK, Defendant and Appellant, and Shirley Hunter, Defendant. No. 25334.Supreme Court of South Dakota.Argued March 23, 2010. Decided August 11, 2010. Appeal from the Circuit Court, Seventh Judicial Circuit, Pennington County, John J. Delaney, J. Page 769 Douglas M. Deibert, Cadwell, Sanford, Deibert […]
KANSAS CITY BRIDGE CO. v. STATE, 61 S.D. 580 (1933)
250 N.W. 343 KANSAS CITY BRIDGE CO., Plaintiff, v. STATE OF SOUTH DAKOTA, Defendant. File No. 6370.Supreme Court of South Dakota. Opinion filed October 9, 1933. 1. States. State bridge fund may be expended only for construction and maintenance of state bridges (Laws 1921, c. 128). 2. States. Action could not be maintained by bridge […]
BOGUE v. CLAY COUNTY, 75 S.D. 140 (1953)
60 N.W.2d 218 BOGUE, Respondent v. CLAY COUNTY, Appellant File No. 9362.Supreme Court of South Dakota. Opinion filed September 25, 1953. 1. Eminent Domain. County’s liability with respect to taking or damaging landowner’s property for county highway purposes remained the same, notwithstanding fact that state rather than county entered into contract for grading, and that […]
STATE v. JOHNSON, 87 S.D. 43 (1972)
202 N.W.2d 132 STATE, Respondent v. JOHNSON, Appellant File No. 11064.Supreme Court of South Dakota. Opinion filed November 21, 1972 Page 44 Appeal from Circuit Court of Brookings County; Hon. H.O. Lund, Judge. Ronald C. Aho, Brookings, for defendant and appellant. Gordon Mydland, Atty. Gen., David Stanton, Asst. Atty. Gen., Pierre, for plaintiff and respondent. […]
STANKEY v. WADDELL, 256 N.W.2d 117 (1977)
Sophie STANKEY, Plaintiff and Respondent, v. Ronald WADDELL, Chairman, Dewey County Board of Commissioners and Paul Hinzman, Louis Merkel, Frank Maciejewski, Robert Farlee, Board of County Commissioners of Dewey County, a Political Subdivision of the State of South Dakota, Defendants and Appellants. No. 11610.Supreme Court of South Dakota.Argued October 13, 1976. Decided June 22, 1977. […]
MONTANA-DAKOTA UTIL. v. S.D. DEPT. OF REV., 337 N.W.2d 818 (1983)
MONTANA-DAKOTA UTILITIES CO., Northwestern Public Service Company and Otter Tail Power Company, Corporations, Appellees, v. SOUTH DAKOTA DEPARTMENT OF REVENUE, Appellant. No. 13812.Supreme Court of South Dakota.Argued April 19, 1983. Decided August 24, 1983. Appeal from the Circuit Court, Third Judicial Circuit, Grant County, Thomas G. Ries, J. Page 819 Alan D. Dietrich, Northwestern Public […]
STATE EX REL COLLINS v. HALLADAY, 62 S.D. 256 (1934)
252 N.W. 733 STATE ex rel COLLINS, Respondent, v. HALLADAY, et al, Appellants. File No. 7581.Supreme Court of South Dakota. Opinion filed February 13, 1934. 1. Asylums. Statute giving state board of charities and corrections all powers necessary for proper management of penal institutions under its control held applicable to both charitable and penal institutions […]
SCHNEIDER v. YELLOW WOLF, 480 N.W.2d 767 (1992)
Karla SCHNEIDER, Plaintiff and Appellee, v. Louella YELLOW WOLF and Russell Warren Jurisch, Defendants, v. AMERICAN FAMILY INSURANCE, Defendant, Third Party Plaintiff and Appellant, (# 17721), v. AETNA CASUALTY AND SURETY COMPANY, Defendant and Third Party Defendant and Appellant, (# 17720). Nos. 17720, 17721 and 17735.Supreme Court of South Dakota. January 29, 1992. Appeal from […]
FALL RIVER CO. v. S.D. PUBLIC ASSUR. ALLIANCE, 2001 SD 40
623 N.W.2d 735 FALL RIVER COUNTY, a Political Subdivision of the State of South Dakota, Plaintiff and Appellant, v. SOUTH DAKOTA PUBLIC ASSURANCE ALLIANCE, Defendant and Appellee. No. 21690Supreme Court of South Dakota.Considered on Briefs February 13, 2001. Opinion Filed March 21, 2001. Appeal from the Seventh Judicial Circuit, Fall River County, SD Hon. Merton […]
STATE v. ARPAN, 277 N.W.2d 597 (1979)
STATE of South Dakota, Plaintiff and Appellant, v. Robert Antoine ARPAN, Defendant and Respondent. No. 12548.Supreme Court of South Dakota. April 12, 1979. Appeal from the Circuit Court, Second Judicial Circuit, Minnehaha County, Richard Braithwaite, J. Gene Paul Kean, State’s Atty. for Minnehaha County, Sioux Falls, for plaintiff and appellant. Richard D. Hurd, Sioux Falls, […]
BUCHER v. STALEY, 297 N.W.2d 802 (1980)
Dale BUCHER, Plaintiff and Appellant, v. Richard F. STALEY, Defendant and Appellee. No. 12607.Supreme Court of South Dakota.Argued April 21, 1980. Decided October 22, 1980. Rehearing Denied November 26, 1980. Appeal from the Second Judicial Circuit, Minnehaha County, John B. Jones, J. Page 803 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL […]
MOULTON v. STATE, 412 N.W.2d 487 (1987)
Calvin L. MOULTON, Herma Marsden, Franklyn Craft, R.C. Stensen, Harold Ramse, Kenneth Harrod, Mary Kuppinger Jordon, and Adelaide M. Ward, on behalf of themselves and all of the Cabin Owners within Custer State Park, Custer County, South Dakota, similarly situated, Plaintiffs, Appellants (# 15373, 15374), and Appellees (# 15382, 15384), v. STATE of South Dakota, […]
NELSON v. McCLARD, 357 N.W.2d 517 (1984)
Rodney A. NELSON, Plaintiff and Appellant, v. Frederica W. McCLARD, Defendant and Appellee. No. 14516.Supreme Court of South Dakota.Considered on Briefs September 13, 1984. Decided November 7, 1984. Appeal from the Circuit Court, Third Judicial Circuit, Brookings County, Gordon Mydland, J. T.F. Martin of McCann, Martin McCann, Brookings, for plaintiff and appellant. W.A. Hackett of […]
HAINES v. CITY OF RAPID CITY, 59 S.D. 58 (1931)
238 N.W. 145 HAINES, Appellant, v. CITY OF RAPID CITY, et al, Respondents. File No. 7244.Supreme Court of South Dakota. Opinion filed October 5, 1931. 1. Municipal Corporations. Whether partially invalid ordinance, submitted to electors, should be sustained as to remaining part, depends upon whether ordinance would carry without objectionable parts. 2. Municipal Corporations. Facts […]
ICE v. WEBER, 2002 SD 4
638 N.W.2d 557 DUANE ANTHONY ICE, Petitioner and Appellant, v. DOUGLAS WEBER, Warden of the South Dakota State Penitentiary. Respondent and Appellee. Nos. 21992, 21996Supreme Court of South Dakota.Argued November 14, 2001. Opinion Filed January 2, 2002. Page 558 Appeal From The Circuit Court Of The Seventh Judicial Circuit Pennington County, South Dakota. Honorable Thomas […]
FIRST FEDERAL SAVINGS LOAN ASSOCIATION v. STRUB, 427 N.W.2d 836 (1988)
FIRST FEDERAL SAVINGS LOAN ASSOCIATION, Plaintiffs, v. Michael D. STRUB and Rosemarie Strub, Defendants and Appellants. County of Meade, A Political Subdivision of the State of South Dakota, Defendants, and Phil Pridham, Defendant and Appellee. No. 16051.Supreme Court of South Dakota.Considered on Briefs May 26, 1988. Decided August 17, 1988. Appeal from the Circuit Court, […]
CITY OF BROOKINGS v. JENSEN, 88 S.D. 526 (1974)
222 N.W.2d 911 CITY OF BROOKINGS, Respondent v. JENSEN, Appellant File No. 11393.Supreme Court of South Dakota. Opinion filed October 28, 1974 Appeal from the District County Court of Brookings County; Hon. Lyle E. Cheever, Judge. Gunderson Gunderson, Clear Lake, for defendant and appellant. Ron Aho, Deputy City Atty., Brookings, for plaintiff and respondent. PER […]
HANZLIK v. INTERSTATE POWER CO., 67 S.D. 128 (1940)
289 N.W. 589 HANZLIK, Respondent, v. INTERSTATE POWER COMPANY, et al, Appellants File No. 8280.Supreme Court of South Dakota. Opinion filed January 16, 1940. 1. Courts. The Supreme Court’s holding that disease may be “injury by accident” within Workmen’s Compensation Law will not be re-examined in subsequent case after legislative approval thereof by re-enactment of […]
STATE v. KILLS SMALL, 269 N.W.2d 771 (1978)
STATE of South Dakota, Plaintiff and Respondent, v. Jerome KILLS SMALL, Defendant and Appellant. No. 12057.Supreme Court of South Dakota.Argued September 13, 1977. Decided September 6, 1978. Appeal from the Circuit Court, Seventh Judicial District, Pennington County, Frank E. Henderson, J. Page 772 Peter H. Lieberman, Asst. Atty. Gen., Pierre, for plaintiff and respondent; William […]
KURTZ v. SCI, 1998 SD 37
576 N.W.2d 878 Joyce F. KURTZ, Appellee, v. SCI, Appellant. No. 20153.Supreme Court of South Dakota.Considered on Briefs February 18, 1998. Decided April 8, 1998. Appeal from the Circuit Court, Seventh Judicial Circuit, Pennington County, Janine Kern, J. Page 879 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, […]
JERAULD COUNTY v. HURON REGIONAL MEDICAL CENTER, INC., 2004 SD 89
685 N.W.2d 140 JERAULD COUNTY, a political subdivision, Plaintiff and Appellant, v. HURON REGIONAL MEDICAL CENTER, INC., Defendant and Appellee. No. 22864-a-RWS, SLZSupreme Court of South Dakota. Considered on Briefs on February 17, 2004 Opinion Filed July 14, 2004 Appeal from the Circuit Court of the Third Judicial Circuit Jerauld County, South Dakota, Honorable Jon […]
STATE v. RAMOS, 1996 SD 37
545 N.W.2d 817 STATE of South Dakota, Plaintiff and Appellee, v. Joaquin Jack RAMOS, Defendant and Appellant. No. 19065.Supreme Court of South Dakota.Argued November 28, 1995. Decided April 3, 1996. Page 818 Appeal from the Circuit Court of the Seventh Judicial Circuit, Pennington County; Jeff W. Davis, Judge. Mark Barnett, Atty. Gen., Gary Campbell, Asst. […]
HOULE v. WEBER, 747 N.W.2d 147 (S.D. 2008)
Houle v. Weber. No. 24541.Supreme Court of South Dakota. January 14, 2008. Affirmed (DRG).
OLSON v. ALTEMUS, 77 S.D. 429 (1958)
93 N.W.2d 7 OLSON, Respondent v. ALTEMUS, Administratrix, Appellant File No. 9715.Supreme Court of South Dakota. Opinion filed November 19, 1958 Appeal from Circuit Court, Pennington County; Hon. E.W. Christol, Judge. Affirmed. Hanley, Costello Porter, Rapid City, for Defendant and Appellant. Whiting, Lynn, Freiberg Shultz, Rapid City, for Plaintiff and Respondent. BOGUE, J. The plaintiff […]
STATE v. FOX, 313 N.W.2d 38 (1981)
STATE of South Dakota, Plaintiff and Appellee, v. William Robert FOX, Defendant and Appellant. No. 13322.Supreme Court of South Dakota.Argued October 1, 1981. Decided December 2, 1981. Appeal from the Circuit Court, Eighth Judicial Circuit, Butte County, Roland E. Grosshans, J. Page 39 Mark Smith, Asst. Atty. Gen., Pierre, for plaintiff and appellee; Mark V. […]
STATE v. SMITH, 325 N.W.2d 304 (1982)
STATE of South Dakota, Plaintiff and Appellee, v. Steven Delano SMITH, Defendant and Appellant. No. 13602.Supreme Court of South Dakota.Argued May 17, 1982. Decided October 27, 1982. Appeal from the Circuit Court, Fifth Judicial Circuit, Brown County, Leland J. Berndt, J. Page 305 Douglas E. Kludt, Asst. Atty. Gen., Pierre, for plaintiff and appellee; Mark […]
ADRIAN v. McKINNIE, 2004 SD 84
684 N.W.2d 91 WALLACE ADRIAN, Plaintiff and Appellee, v. RICH McKINNIE and LYNN McKINNIE, Defendants and Appellants, CITIBANK (South Dakota), NA, and ADRIAN RANCH, L.L.C., Defendants. No. 22860-r-JKMSupreme Court of South Dakota.Considered on briefs on April 26, 2004 Opinion filed June 30, 2004 Appeal from the Circuit Court of the Seventh Judicial Circuit Custer County, […]
LINES v. LINES, 69 S.D. 299 (1943)
9 N.W.2d 705 LINES, Respondent, v. LINES, Appellant File No. 8589.Supreme Court of South Dakota. Opinion filed May 27, 1943. Divorce. Trial court abused its discretion in entering order amending final divorce decree by reducing allowance for support of wife and minor child from $97.50 per month to $80 per month, but refusing further to […]
STATE v. SICKLER, 488 N.W.2d 70 (1992)
STATE of South Dakota, Plaintiff and Appellee, v. Shelby G. SICKLER, Sr., Defendant and Appellant. No. 17622.Supreme Court of South Dakota.Considered on Briefs April 20, 1992. Decided July 22, 1992. Rehearing Denied August 27, 1992. Appeal from the Circuit Court, First Judicial Circuit, Lincoln County, Richard Bogue, J. Page 71 Mark Barnett, Atty. Gen., Pierre, […]
GREAT NORTHERN RY. v. WHITFIELD, 65 S.D. 173 (1937)
272 N.W. 787 GREAT NORTHERN RAILWAY COMPANY, Appellant, v. WHITFIELD, County Treasurer, Respondent. File No. 7890.Supreme Court of South Dakota. Opinion filed April 16, 1937. 1. Statutes. Title of act classifying agricultural lands and other realty for purposes of school taxation held not defective under Constitution because of failure to reflect increase of levy limit […]
STATE v. JANKLOW, 2005 SD 25
693 N.W.2d 685 STATE of South Dakota, Plaintiff and Appellee, v. William J. JANKLOW, Defendant and Appellant. No. 23163.Supreme Court of South Dakota.Argued November 16, 2004. Decided February 23, 2005. Appeal from the Circuit Court, Third Judicial Circuit, Moody County, Rodney J. Steele, J. Page 686 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT […]
STATE v. WALSH, 305 N.W.2d 687 (1981)
STATE of South Dakota, Plaintiff and Appellee, v. Robert Joseph WALSH, Defendant and Appellant. No. 13035.Supreme Court of South Dakota.Argued October 23, 1980. Decided May 6, 1981. Appeal from the Circuit Court, Second Judicial Circuit, Minnehaha County, Richard Braithwaite, J. Dennis R. Holmes, Asst. Atty. Gen., Pierre, for plaintiff and appellee; Mark V. Meierhenry, Atty. […]
TIENSVOLD v. UNIVERSAL TRANSPORT, INC., 464 N.W.2d 820 (1991)
Norris TIENSVOLD, Claimant/Appellant, v. UNIVERSAL TRANSPORT, INC., Employer/Appellee, and Maryland Casualty Company, Insurer/Appellee. Nos. 17030, 17031.Supreme Court of South Dakota.Considered on Briefs September 20, 1990. Decided January 2, 1991. Appeal from the Circuit Court, Pennington County, John K. Konenkamp, J. Page 821 Mitchell C. LaFleur, LaFleur, LaFleur LaFleur, Rapid City, for claimant/appellant. Franklin J. Wallahan, […]
BOWEN v. AMERICAN FAMILY INS. GROUP, 504 N.W.2d 604 (1993)
Darla BOWEN, Plaintiff and Appellee, v. AMERICAN FAMILY INSURANCE GROUP, Defendant and Appellant. Nos. 18155 and 18160.Supreme Court of South Dakota.Argued May 25, 1993. Decided August 18, 1993. Appeal from the Circuit Court, Second Judicial Circuit, Minnehaha County, Gene Paul Kean, J. N. Dean Nasser, Jr., of Nasser Law Office, Sioux Falls, for plaintiff and […]
BROWN v. PENNINGTON CTY. BD. OF COMR’S, 422 N.W.2d 440 (1988)
Barbara A. BROWN and Milton D. Brown, Plaintiffs and Appellees, v. BOARD OF COUNTY COMMISSIONERS FOR PENNINGTON COUNTY, South Dakota, and Leo Hamm, Neil Van Sickle, Less Triggs and Gladys Babcock, as individuals and members of the Pennington County Board of Commissioners, and the Pennington County Highway Department, and Jack C. Dier as Director and […]
STATE v. VAN DAALEN, 69 S.D. 466 (1943)
11 N.W.2d 523 STATE, Respondent, v. VAN DAALEN, et al, Appellants File No. 8576.Supreme Court of South Dakota. Opinion filed October 30, 1943. 1. Constitutional Law — Licenses. The South Dakota retail sales tax is a “privilege” or “occupation tax” and as sought to be applied to ordained minister of Jehovah’s Witnesses selling religious literature […]
GILCHRIST v. TRAIL KING IND., INC., 2000 SD 68
612 N.W.2d 1 JOHN GILCHRIST, Claimant and Appellee, v. TRAIL KING INDUSTRIES, INC., Employer, Self-Insurer, and Appellant. No. 21156Supreme Court of South Dakota.Considered on Briefs March 22, 2000. Opinion Filed May 24, 2000. Appeal from the Sixth Judicial Circuit, Hughes County, SD Hon. Steven L. Zinter, Judge, #21156 — Affirmed. Page 2 J. M. Grossenburg, […]
STATE v. DOHERTY, 261 N.W.2d 677 (1978)
STATE of South Dakota, Plaintiff and Respondent, v. Kenneth Ray DOHERTY, Defendant and Appellant. No. 12115.Supreme Court of South Dakota. January 16, 1978. Appeal from the Circuit Court of the Second Judicial Circuit, Minnehaha County, William H. Heuermann, J. Page 678 John P. Guhin, Asst. Atty. Gen., for plaintiff and respondent; William J. Janklow, Atty. […]
MATTER OF GUARDIANSHIP OF JACOBSEN, 482 N.W.2d 640 (1992)
In the Matter of the GUARDIANSHIP of the Person and ESTATE of Jennie JACOBSEN. No. 17207.Supreme Court of South Dakota.Considered on Briefs February 11, 1991. Decided March 11, 1992. Appeal from the First Judicial Circuit Court, Union County, Jay H. Tapken, J. Linda Kogel-Hasse, Vermillion, for appellant Virginia Solberg. C.E. Light, Yankton, for appellee Harlan […]
ATKINS v. STRATMEYER, 1999 SD 131
600 N.W.2d 891 BRAD ATKINS and LORI ATKINS, Plaintiffs and Appellees, v. ROBERT STRATMEYER and MARILYN STRATMEYER, Defendants and Appellants. 20677, 20694.Supreme Court of South Dakota.Considered on Briefs June 1, 1999. Opinion Filed September 29, 1999. Appeal from the First Judicial Circuit, Lincoln County, SD Hon. Richard Bogue, Judge, #20677, #20694 — Affirmed in part; […]
STANTON v. HILLS MATERIALS CO., 1996 SD 109
553 N.W.2d 793 Emlon L. STANTON, Claimant and Appellee, v. HILLS MATERIALS COMPANY, Employer and Appellant, and Maryland Casualty Company, Insurer and Appellant. Nos. 19228, 19229.Supreme Court of South Dakota.Argued January 9, 1996. Decided August 28, 1996. Rehearing Denied September 25, 1996. Appeal from the Sixth Judicial Circuit Court, Hughes County, Steven Zinter, J. James […]
SOUTHARD v. HANSEN, 376 N.W.2d 56 (1985)
June R. SOUTHARD, Plaintiff and Appellant, v. Marty HANSEN, Defendant and Appellee, v. K-MART CORPORATION, Third-Party Defendant and Appellee. No. 14891Supreme Court of South Dakota.Considered on Briefs September 12, 1985. Decided October 30, 1985. Appeal from the Circuit Court, Seventh Judicial Circuit, Pennington County, Thomas Parker, J. Page 57 Robert F. LaFleur of LaFleur LaFleur, […]
STATE v. CRAWFORD, 2007 SD 20
729 N.W.2d 346 STATE of South Dakota, Plaintiff and Appellee, v. Nathaniel CRAWFORD, Defendant and Appellant. Nos. 24077, 24088.Supreme Court of South Dakota.Considered on Briefs January 8, 2007. Decided February 28, 2007. Appeal from the Circuit Court, Second Judicial Circuit, Minnehaha County, Joseph Neiles, J. Page 347 Lawrence E. Long, Attorney General, Sherri Sundem Wald, […]
BEYER v. CORDELL, 420 N.W.2d 767 (1988)
Douglas K. BEYER and Norma J. Beyer, Jointly and Severally, Plaintiffs and Appellants, v. Alvin F. CORDELL, Defendant and Appellee. No. 15730.Supreme Court of South Dakota.Considered on Briefs January 15, 1988. March 16, 1988. Appeal from the Circuit Court, Third Judicial Circuit, Codington County, Thomas G. Ries, J. Page 768 Wally Eklund of Johnson, Eklund […]
SIMMONS v. SIMMONS, 67 S.D. 145 (1940)
290 N.W. 319 SIMMONS, Respondent, v. SIMMONS, Appellant File No. 8271.Supreme Court of South Dakota.Opinion filed February 20, 1940. Rehearing Denied April 6, 1940. 1. Divorce. Where a judgment in divorce proceeding provides for payments of alimony at successive monthly intervals, the right to enforcement accrues upon each installment as it matures. 2. Judgment. When […]
RAML v. RAML, 499 N.W.2d 623 (1993)
Michael N. RAML, Plaintiff and Appellee, v. Cheryl L. RAML, Defendant and Appellant. No. 17992.Supreme Court of South Dakota.Considered on Briefs February 10, 1993. Decided May 5, 1993. Appeal from the Circuit Court, Third Judicial Circuit, Codington County, Dale E. Bradshaw, J. Terry J. Sutton of Sutton Law Office, Watertown, for plaintiff and appellee. Roger […]
SCHAEFER v. RUDEN, 61 S.D. 64 (1932)
246 N.W. 105 SCHAEFFER, Respondent, v. RUDEN, Supt. of Banks, et al, Appellants. File No. 7336.Supreme Court of South Dakota. Opinion filed December 30, 1932. 1. Banks and Banking. Depositor cannot set off deposit against his note to bank merely because it was held by another bank, to which pledged as collateral security for loan, […]
STATE v. GREELEY, 734 N.W.2d 825 (S.D. 2007)
State v. Greeley. No. 24176.Supreme Court of South Dakota. April 30, 2007. Affirmed (MBT).
STATE v. BLAKEY, 2001 SD 129
635 N.W.2d 748 STATE OF SOUTH DAKOTA, Plaintiff and Appellant, v. ROBERT WILLIAM BLAKEY, JR., Defendant and Appellee. No. 21790Supreme Court of South Dakota.Considered On Briefs On August 28, 2001. Opinion Filed October 31, 2001. Appeal From The Circuit Court Of The First Judicial Circuit Yankton, South Dakota. Honorable Glen W. Eng Judge. MARK BARNETT, […]
NORTHWEST S.D. PRODUCTION CREDIT v. DALE, 361 N.W.2d 275 (1985)
NORTHWEST SOUTH DAKOTA PRODUCTION CREDIT ASSOCIATION, Plaintiff and Appellee, v. Byron DALE, a/k/a Byron C. Dale and Judie Dale, a/k/a Judith C. Dale, Defendants and Appellants, and Bradley R. Dale, a/k/a Brad Dale, a/k/a Bradley Dale; Louis L. Kellar, a/k/a Louie L. Kellar; the Federal Land Bank of Omaha; United States of America Acting Through […]
TENNIS v. CITY OF STURGIS, 75 S.D. 17 (1953)
58 N.W.2d 301 TENNIS, Respondent v. CITY OF STURGIS et al., Appellants File No. 9358.Supreme Court of South Dakota. Opinion filed April 21, 1953. 1. Workmen’s Compensation. Employer-employee relationship is necessary to impose liability under Workmen’s Compensation Law. SDC 64.0101 et seq. 2. Municipal Corporations. Under statute providing that every person who at any fire […]
OWENS v. MOYES, 530 N.W.2d 663 (1995)
Todd J. OWENS, Plaintiff and Appellant, v. Elizabeth M. MOYES, Defendant and Appellee. No. 18785.Supreme Court of South Dakota.Considered on Briefs January 11, 1995. Decided April 26, 1995. Appeal from the Seventh Judicial Circuit Court, Pennington County, Merton B. Tice, Jr., J. Page 664 Rodney C. Lefholz, Rapid City, for plaintiff and appellant. Thomas G. […]
HEESACKER v. JOHNSON, 774 N.W.2d 293 (S.D. 2009)
Heesacker v. Johnson No. 25109.Supreme Court of South Dakota. August 31, 2009. ABSTRACTS OF SUMMARY DISPOSITIONS Affirmed (APF).
KOCER v. BON HOMME COUNTY COMMISSIONERS, 1999 SD 155
604 N.W.2d 1 KENNETH J. KOCER and RHONDA A. KOCER, Plaintiffs and Appellees, v. BON HOMME COUNTY COMMISSIONERS, acting in their capacity as Bon Homme County Board of Equalization, Defendants and Appellants. Kathy Kocer and Robert Kocer, Plaintiffs and Appellees, v. Bon Homme County Commissioners, acting in their capacity as Bon Homme County Board of […]
JOHNSON v. INS. CO., 71 S.D. 155 (1946)
22 N.W.2d 737 JOHNSON, Respondent, v. METROPOLITAN LIFE INSURANCE CO., Appellant File No. 8776.Supreme Court of South Dakota. Opinion filed May 6, 1946. 1. Waters and Water Courses. The owner of dominant lands situate in the upper portion of a natural drainage water course in order to effectuate his easement right to drain surface waters […]
IN RE JRH, 726 N.W.2d 244 (S.D. 2006)
JRH, In re. No. 24074, 24075.Supreme Court of South Dakota. December 4, 2006. Affirmed (LDA).
AM. STATE BANK, TRUST DEPT., ETC. v. MAYER, 326 N.W.2d 110 (1982)
AMERICAN STATE BANK, TRUST DEPARTMENT, GUARDIAN OF Ann HIGBEE, Plaintiff and Appellant, v. Lynette A. List MAYER, Defendant and Appellee. No. 13324.Supreme Court of South Dakota.Argued October 21, 1981. Decided November 17, 1982. Rehearing Denied December 17, 1982. Appeal from the Circuit Court, First Judicial Circuit, Yankton, County, E.W. Hertz, J. Steven M. Johnson of […]