198 N.W.2d 51 CROSSMAN et al., Respondents v. CONTRACTORS RIGGING AND ERECTION et al., Appellants File No. 10803.Supreme Court of South Dakota. Opinion filed May 23, 1972 Appeal from the circuit court of Custer County; Hon. F. Thomas Parker, Judge. Page 449 Gunderson, Farrar, Aldrich, Warder DeMersseman, Rapid City, for defendants and appellants. Frank Henderson […]
Category: South Dakota Supreme Court Opinions
BOSSE v. QUAM, 537 N.W.2d 8 (1995)
Martin J. BOSSE and Virgene T. Boose, D/B/A Bosse Oil Company and Bosse Oil, Inc., Plaintiffs and Appellants, v. Judith A. QUAM and Dwight W. Berglin, Individually, and Quam Berglin, Certified Public Accountants, Defendants and Appellees. No. 18747.Supreme Court of South Dakota.Considered on Briefs December 8, 1994. Decided August 23, 1995. Appeal from the First […]
HANSEN v. GREGORY COUNTY, 63 S.D. 116 (1934)
256 N.W. 797 HANSEN, et al, Appellants, v. GREGORY COUNTY, et al, Respondents. File No. 7730.Supreme Court of South Dakota. Opinion filed October 31, 1934. Appeal and Error. In suit to restrain county from constructing courthouse where temporary injunction was vacated by trial court and notice of appeal was not filed immediately, during which time […]
FRENCH v. DELL RAPIDS COMMUNITY HOSP., 432 N.W.2d 285 (1988)
Roger FRENCH and Margie French, Plaintiffs and Appellants, v. DELL RAPIDS COMMUNITY HOSPITAL, INC. and Donald J. Olson, Administrator, Defendants and Appellees. No. 15901.Supreme Court of South Dakota.Argued March 24, 1988. Reassigned August 23, 1988. Decided November 30, 1988. Rehearing Denied January 4, 1989. Appeal from the Circuit Court, Second Judicial Circuit, Minnehaha County, Gene […]
GOOS RV CENTER v. MINNEHAHA COUNTY COMMISSION, 2009 SD 24
764 N.W.2d 704 GOOS RV CENTER, Lee Goos, Sr., Terry Goos and Lee Goos, Jr., Petitioners and Appellants, Alfred Lupien and Donna Lupien, Petitioners, v. MINNEHAHA COUNTY COMMISSION, Minnehaha County, Respondents and Appellees, Myrl Roy’s Paving, Inc., Intervenor and Appellees. No. 24942.Supreme Court of South Dakota.Considered on Briefs March 23, 2009. Decided April 8, 2009. […]
WITTE v. GOLDEY, 1999 SD 34
590 N.W.2d 266 RICHARD B. WITTE, an individual, Plaintiff and Appellant, v. ROBERT C. GOLDEY, individually and d/b/a Robert C. Goldey, P.A., Defendant and Appellee. No. 20417.Supreme Court of South Dakota.Argued December 2, 1998. Decided March 17, 1999. Appeal from the Seventh Judicial Circuit, Pennington County, SD Hon. Thomas L. Trimble, Judge Page 267 Michael […]
OMAN v. OMAN, 2005 SD 88
702 N.W.2d 11 Ronda Meyer OMAN, Plaintiff and Appellee, v. Gregory Eugene OMAN, Defendant and Appellant. No. 23401.Supreme Court of South Dakota.Considered on Briefs April 25, 2005. Decided July 20, 2005. Appeal from the Circuit Court, Seventh Judicial Circuit, Pennington County, Janine M. Kern, J. Page 12 Jay C. Shultz of Lynn, Jackson, Shultz Lebrun, […]
IN RE BF., 712 N.W.2d 33 (S.D. 2006)
IN RE BF. No. 23771, 23777.Supreme Court of South Dakota. March 27, 2006. Affirmed (WGJ).
IN RE REEVES’ ESTATE, 62 S.D. 618 (1934)
256 N.W. 113 In Re REEVES’ ESTATE. File No. 7644.Supreme Court of South Dakota. Opinion filed July 30, 1934. Appeal and Error. Where sole heirs of testator and beneficiaries of trust created by his will acquiesced in declaratory judgment construing trust, trustee who had no interest other than performing duty adjudicated could not appeal from […]
STATE v. REININGER, 59 S.D. 336 (1931)
239 N.W. 849 STATE, Respondent, v. REININGER, Appellant. File No. 7005.Supreme Court of South Dakota. Opinion filed December 19, 1931. 1. Adulteration. Statute providing for registration, inspection, and sale of live stock foods and remedies held inspection law rather than license law (Laws 1929, c. 238, §§ 9, 13). 2. Constitutional Law. General rule is, […]
IN RE ENGEBRETSON’S ESTATE, 68 S.D. 572 (1942)
5 N.W.2d 57 In re ENGEBRETSON’S ESTATE ENGEBRETSON, et al, Respondents, v. GRAFF, Appellant File No. 8505.Supreme Court of South Dakota.Opinion filed August 3, 1942. Rehearing Denied September 12, 1942. 1. Executors and Administrators. Where one heir recovered judgment against administrator for portion of his distributive share of estate which had been withheld for application […]
STATE v. MOLASH, 86 S.D. 558 (1972)
199 N.W.2d 591 STATE, Appellant v. MOLASH, Respondent File No. 10959.Supreme Court of South Dakota. Opinion filed July 19, 1972 Order denying petition for rehearing September 6, 1972 Page 559 Appeal from the circuit court of Corson County; Hon. Leslie R. Hersrud, Judge. Gordon Mydland, Atty. Gen., Walter W. Andre, Asst. Atty. Gen., Pierre, Robert […]
STATE v. BURTZLAFF, 493 N.W.2d 1 (1992)
STATE of South Dakota, Plaintiff and Appellee, v. Gloria BURTZLAFF, Defendant and Appellant. No. 17718.Supreme Court of South Dakota.Argued September 2, 1992. Decided November 25, 1992. Appeal from the Circuit Court, Lawrence County, Warren G. Johnson, J. Page 2 Mark Barnett, Atty. Gen., Sherri Sundem Wald, Asst. Atty. Gen., Pierre, for plaintiff and appellee. Michael […]
STATE v. MADETZKE, 712 N.W.2d 32 (S.D. 2006)
STATE v. MADETZKE. No. 23626.Supreme Court of South Dakota. January 17, 2006. Affirmed (PHL).
STATE v. SIELER, 397 N.W.2d 89 (1986)
STATE of South Dakota, Plaintiff and Appellee, v. William Ray SIELER, Defendant and Appellant. No. 15182.Supreme Court of South Dakota.Considered on Briefs September 18, 1986. Decided November 26, 1986. Appeal from the Fourth Judicial Circuit Court, Davison County, Robert A. Miller, J. Page 90 James D. Taylor of Tinan, Padrnos, Smith Taylor, Mitchell, for defendant […]
LEVASSEUR ET AL., v. WHEELDON ET AL., 79 S.D. 442 (1962)
112 N.W.2d 894 LEVASSEUR et al., Appellants v. WHEELDON et al., Defendants File No. 9892.Supreme Court of South Dakota. Opinion filed January 19, 1962 Appeal from Circuit Court, Minnehaha County; Hon. Walter H. Seacat, Judge. Page 443 Judgment reversed. Herbert S. Thatcher, Washington, D.C., Gene E. Pruitt, Sioux Falls, for Plaintiffs and Appellants. John E. […]
GUILLAUME BY GUILLAUME v. STAUM, 328 N.W.2d 259 (1982)
Linda Lee GUILLAUME, by Ileen GUILLAUME, Guardian of Linda Lee Guillaume, Plaintiff and Appellant, v. Darmon STAUM, George Donnelly, Charles Donnelly, Steve Taylor, Paula Boilard, and Elk Point Public School District, Defendants and Appellees. No. 13709.Supreme Court of South Dakota.Considered on Briefs November 19, 1982. Decided December 28, 1982. Appeal from the Circuit Court, First […]
MATTIS v. WEAVER ELECTRIC, INC., 2000 SD 150
619 N.W.2d 526 TROY W. MATTIS, Plaintiff and Appellant, v. WEAVER ELECTRIC, INC. and IMT Insurance Company, Defendants and Appellees. 21433Supreme Court of South Dakota.Considered on Briefs October 25, 2000. Opinion Filed December 6, 2000. Appeal from the First Judicial Circuit, Charles Mix County, SD Hon. Lee A. Tappe, Judge, #21433 — Affirmed Michael F. […]
STATE v. BEADLE COUNTY, 711 N.W.2d 265 (S.D. 2004)
STATE v. BEADLE COUNTY. No. 23071.Supreme Court of South Dakota. August 30, 2004. Affirmed (JRE).
BREMMER v. PATTERSON, 63 S.D. 452 (1935)
260 N.W. 406 BREMMER, Respondent v. PATTERSON, et al, Appellants. File No. 7789.Supreme Court of South Dakota. Opinion filed May 4, 1935. Appeal and Error. Where certified copy of notice of appeal had been filed in Supreme Court on December 26, 1934, but no briefs had been thereafter filed, and no further proceedings taken in […]
UNITED BLDG. CENTERS v. OCHS, 2010 SD 30
781 N.W.2d 79 UNITED BUILDING CENTERS, Plaintiff and Appellee, v. David OCHS, Defendant and Appellant. No. 25259.Supreme Court of South Dakota.Considered on Briefs January 11, 2010. Decided March 31, 2010. Appeal from the Circuit Court, Fifth Judicial Circuit, Brown County, Jack R. Von Wald, J. Page 80 Eric C. Schulte, Timothy M. Gebhart, Davenport Evans […]
W.V. v. BLACK HILLS, 747 N.W.2d 147 (S.D. 2008)
Western Ventures v. Black Hills Resort. No. 24567.Supreme Court of South Dakota. January 14, 2008. Affirmed (JMK).
SCHOLL v. TALLMAN, 247 N.W.2d 490 (1976)
Wesley SCHOLL d/b/a Scholl Construction, Plaintiff and Appellant, v. Clinton R. TALLMAN and Virginia M. Tallman, Defendants and Respondents. No. 11863.Supreme Court of South Dakota. December 10, 1976. Appeal from the Circuit Court, Pennington County, Merton Tice, Jr., J. Charles L. Dorothy, Pierre, for plaintiff and appellant. Ken C. Graves, Rapid City, for defendants and […]
WIRT v. PARKER SCHOOL DIST. # 60-4, 2004 SD 127
689 N.W.2d 901 Bonnie WIRT, Petitioner and Appellant, v. PARKER SCHOOL DISTRICT # 60-4 and Parker Board of Education, Respondents and Appellee. No. 23186.Supreme Court of South Dakota. Considered on Briefs October 4, 2004. Decided November 23, 2004. Appeal from the Circuit Court, First Judicial Circuit, Turner County, Robert A. Amundson, Justice (Retired). Page 902 […]
In Re ZYLSTRA’S ESTATE, 59 S.D. 89 (1931)
238 N.W. 159 In Re ZYLSTRA’S ESTATE. SLAGTER, et al, Respondents, v. SMITH, Appellant. File No. 7006.Supreme Court of South Dakota. Opinion filed October 5, 1931. 1. Guardian and Ward. Guardian, if acting under order from county court authorizing investment of minor’s funds, is protected against loss, where otherwise free from negligence. 2. Guardian and […]
EIXENBERGER v. LIVESTOCK EXCHANGE, 75 S.D. 1 (1953)
58 N.W.2d 235 EIXENBERGER, Appellant v. BELLE FOURCHE LIVESTOCK EXCHANGE et al., Respondents File No. 9312.Supreme Court of South Dakota. Opinion filed April 21, 1953. Rehearing denied July 14, 1953. 1. Automobiles. Where plaintiff brought action for injuries sustained when automobile driven by him collided with two horses of defendants which were allegedly permitted to […]
IN RE APPLICATION OF KISER, 83 S.D. 272 (1968)
158 N.W.2d 596 IN RE APPLICATION OF KISER File No. 10464.Supreme Court of South Dakota. Opinion filed May 1, 1968 Page 273 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 274 Appeal from Circuit Court, Minnehaha County; Hon. Andrew W. Bogue, Judge. […]
C. N.W. RY. v. BUCKINGHAM, 69 S.D. 1 (1942)
5 N.W.2d 729 CHICAGO N.W. RY. CO., Respondent, v. BUCKINGHAM TRANS. CO. OF COLORADO et al., Appellants File No. 8439.Supreme Court of South Dakota. Opinion filed October 12, 1942. 1. Automobiles. In proceeding on application by railroad as a motor carrier for a certificate of public convenience and necessity, the legal capacity of the applicant […]
THIEMAN v. BOHMAN, 2002 SD 52
645 N.W.2d 260 JAMES THIEMAN and LYNN THIEMAN, Plaintiffs and Appellees, v. TOM BOHMAN and PAM BOHMAN, Defendants and Appellants. No. 22001Supreme Court of South Dakota.Considered On Briefs On March 25, 2002. Opinion Filed May 8, 2002. Appeal From The Circuit Court Of The Sixth Judicial Circuit Tripp County, South Dakota. The Honorable Lori S. […]
HAWKINS v. KENNEDY, 79 S.D. 33 (1961)
107 N.W.2d 340 HAWKINS et al., Appellants v. KENNEDY, Respondent File No. 9877.Supreme Court of South Dakota. Opinion filed February 7, 1961 Page 34 Appeal from Circuit Court, Minnehaha County; Hon. Francis G. Dunn, Judge. Affirmed. T.R. Johnson, Sioux Falls, for Plaintiffs and Appellants. Christopherson Bailin, Sioux Falls, for Defendant and Respondent. SMITH, P.J. In […]
USLETTEN v. CITY OF BROOKINGS, 59 S.D. 477 (1932)
240 N.W. 851 USLETTEN, Respondent, v. CITY OF BROOKINGS, et al, Appellants. File No. 6975.Supreme Court of South Dakota. Opinion filed February 17, 1932. 1. Negligence. As regards contributory negligence, careful and prudent person must make such observation as circumstances reasonably require. 2. Municipal Corporations. No duty rested upon pederstrian leaning upon defective sidewalk railing, […]
WISSINK v. VAN de STROET, 1999 SD 92
598 N.W.2d 213 ROBERT WISSINK, Plaintiff and Appellant v. MACE VAN DE STROET, Carol Van De Stroet and Rapid City Town House Motel, Inc., Defendants and Appellees. Supreme Court of South Dakota.Considered on Briefs June 1, 1999. Opinion Filed July 21, 1999. Appeal from the First Judicial Circuit, Lincoln County, S.D., Hon. Kathleen K. Caldwell, […]
IN RE ESTATE OF HEIBULT, 2002 SD 128
653 N.W.2d 101 IN THE MATTER OF THE ESTATE OF ANNA K. HEIBULT, DECEASED. No. 22290Supreme Court of South Dakota.Argued August 28, 2002. Opinion Filed October 16, 2002. Appeal from the Circuit Court of the First Judicial Circuit Turner County, South Dakota. The Honorable Arthur L. Rusch Judge. Page 102 GREGORY T. BREWERS of Frieberg, […]
STATE v. MATHES, 82 S.D. 306 (1966)
145 N.W.2d 337 STATE, Respondent v. MATHES, Appellant File No. 10303.Supreme Court of South Dakota. Opinion filed October 5, 1966 Appeal and Error. An appeal would be deemed abandoned where more than 60 days elapsed since date record was settled, and appellant failed to serve or file an appellant’s brief as required by rules of […]
STATE v. RUDE ET AL., 83 S.D. 550 (1968)
162 N.W.2d 884 STATE, Appellant v. RUDE et al., Respondent File No. 10543.Supreme Court of South Dakota. Opinion filed November 25, 1968 Page 551 Appeal from Circuit Court, Minnehaha County; Hon. Roy D. Burns, Judge. Frank L. Farrar, Atty. Gen., Horace R. Jackson, Spec. Asst. Atty. Gen., Pierre, for plaintiff and appellant. Gene E. Pruitt […]
GILGER v. MONTGOMERY LBR. CO., 73 S.D. 599 (1951)
47 N.W.2d 281 GILGER, Respondent, v. MONTGOMERY LUMBER COMPANY, Appellant File No. 9157.Supreme Court of South Dakota. Opinion filed April 9, 1951. Page 600 Appeal from the Circuit Court of Butte County; Hon. Alex Rentto, Judge. Action for damages for breach of warranty. From a judgment for the plaintiff, defendant appeals. Judgment affirmed. R.E. Driscoll, […]
STATE v. WILKINSON, 2007 SD 79
739 N.W.2d 254 STATE of South Dakota, Plaintiff and Appellee, v. Tod Allen WILKINSON, Defendant and Appellant. No. 24300.Supreme Court of South Dakota.Considered on Briefs on May 21, 2007. Decided July 25, 2007. Appeal from the Circuit Court, Third Judicial Circuit, Beadle County, David R. Gienapp, J. Page 255 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. […]
SALMON v. PETERSON, 311 N.W.2d 205 (1981)
Nelson H. SALMON and Fern Salmon, Plaintiffs and Appellees, v. Ruane PETERSON, Defendant and Appellant. No. 13242.Supreme Court of South Dakota.Argued April 24, 1981. Decided October 21, 1981. Appeal from the Circuit Court, Seventh Judicial Circuit, Pennington County, Merton B. Tice, Jr., J. Wayne F. Gilbert of Gunderson, Farrar, Aldrich, Warder DeMersseman, Rapid City, for […]
BAER v. ARMOUR COMPANY, 63 S.D. 299 (1934)
258 N.W. 135 BAER, Respondent, v. ARMOUR COMPANY, Appellant. File No. 7726.Supreme Court of South Dakota. Opinion filed December 29, 1934. 1. Master and Servant. Term “independent contractors” refers to those who carry on an independent business and contract to do work according to their own methods, subject to employer’s control only as to results. […]
IN RE C.H., 703 N.W.2d 170 (S.D. 2001)
IN RE C.H. No. 21788.Supreme Court of South Dakota. September 4, 2001. Affirmed (JWD).
ELLIOTT v. BOARD OF COUNTY COM’RS, 2005 SD 92
703 N.W.2d 361 Benjamin ELLIOTT, Petitioner and Appellant, v. BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, South Dakota, Respondent and Appellee, and Lake Madison Development Association, and Larry and Judy Lund, et al., Lake County Residents and Property Owners, Intervenors and Appellees. No. 23425.Supreme Court of South Dakota.Argued April 26, 2005. Decided August 17, 2005. […]
STATE v. STINSON, 683 N.W.2d 424 (S.D. 2004)
STATE v. STINSON. No. 22691.Supreme Court of South Dakota. February 23, 2004. Affirmed (JN).
BOHL v. KOSTER, 71 S.D. 203 (1946)
23 N.W.2d 164 BOHL, Respondent, v. KOSTER, Appellant File No. 8818.Supreme Court of South Dakota. Opinion filed May 20, 1946. 1. Sales. Under the statute, in order for seller to be authorized to resell goods, he must be an unpaid seller, buyer must be in default in payment for an unreasonable time and seller must […]
APPEAL OF AT T INFORMATION SYSTEMS, 405 N.W.2d 24 (1987)
In the Matter of the Appeal of AT T INFORMATION SYSTEMS From the Assessment of Its Property Located In South Dakota for the Years 1984 and 1985. AT T INFORMATION SYSTEMS, Plaintiff and Appellee, v. SOUTH DAKOTA STATE BOARD OF EQUALIZATION, Defendant and Appellant. No. 15370.Supreme Court of South Dakota.Argued January 14, 1987. Decided April […]
STATE v. PERKINS, 444 N.W.2d 34 (1989)
STATE of South Dakota, Plaintiff and Appellee, v. John PERKINS, Defendant and Appellant. No. 16337.Supreme Court of South Dakota.Argued March 20, 1989. Decided July 12, 1989. Appeal from the Circuit Court, Third Judicial Circuit, Hand County, Eugene L. Martin, J. Page 35 Ron Campbell, Asst. Atty. Gen., Pierre, On the brief: Karen E. Cremer, Asst. […]
STATE v. CAROTHERS, 2005 SD 16
692 N.W.2d 544 STATE of South Dakota, Plaintiff and Appellant, v. Derrick E. CAROTHERS, Defendant and Appellee. No. 23236.Supreme Court of South Dakota.Argued on January 12, 2005. Decided January 26, 2005. Appeal from the Circuit Court, Third Judicial Circuit, Brookings County, David R. Gienapp, J. Page 545 Lawrence E. Long, Attorney General, Gary Campbell, Assistant […]
TO HIS EXCELLENCY WOLLMAN, 268 N.W.2d 820 (1978)
To His Excellency Harvey WOLLMAN, the Governor of the State of South Dakota. No. 12529.Supreme Court of South Dakota. July 27, 1978. Page 821 The letter of then Governor Richard F. Kneip, dated July 5, 1978, requested the opinion of the Justices of the Supreme Court upon questions of law as to matters which were […]
LOOP v. SOLEM, 398 N.W.2d 140 (1986)
Gary Lynn LOOP, Petitioner and Appellant, v. Herman SOLEM, Warden, South Dakota State Penitentiary, Sioux Falls, South Dakota, Respondent and Appellee. No. 14968.Supreme Court of South Dakota.Considered on Briefs January 15, 1986. Decided December 23, 1986. Appeal from the Eighth Judicial Circuit Court, Lawrence County, Merton B. Tice, Jr., J. Page 141 Cynthia A. Howard, […]
LAMPE v. ALLIANCE INS. CO., 71 S.D. 120 (1946)
22 N.W.2d 427 LAMPE MARKET COMPANY et al; Respondents v. THE ALLIANCE INSURANCE COMPANY, Appellant. File No. 8804.Supreme Court of South Dakota.Opinion filed March 28, 1946. Rehearing Denied May 3, 1946. 1. Insurance. Replacement cost, less depreciation, of insured building damaged by fire, is element to be considered in determining, but is not sole test […]
MATTER OF SOLID WASTE DISPOSAL PERMIT, ETC., 268 N.W.2d 599 (1978)
In the Matter of SOLID WASTE DISPOSAL PERMIT APPLICATION By the CITY OF SIOUX FALLS for a Site Located at NW 1/4, S 18, T 100 N, R 51 W, Lincoln County, South Dakota. No. 12307.Supreme Court of South Dakota.Argued May 11, 1978. Decided July 27, 1978. Appeal from the Circuit Court of the Second […]
ZASTROW v. KNIGHT, 61 S.D. 464 (1933)
249 N.W. 818 ZASTROW, Appellant, v. KNIGHT, et al, Respondents. File No. 7413.Supreme Court of South Dakota. Opinion filed August 12, 1933. 1. Mortgages. Grantee assuming mortgage debt and makers of note secured by mortgage became debtor and surety, with grantee as principal and makers as sureties on note. 2. Appeal and Error. Trial court […]
IN RE JOHNSON’S ESTATE, 66 S.D. 256 (1938)
281 N.W. 113 In Re JOHNSON’S ESTATE EVANS, et al, Respondents v. JOHNSON, et al, Appellants File No. 8156.Supreme Court of South Dakota. Opinion filed August 13, 1938. 1. Appeal and Error. The right of appeal is statutory and can be exercised only when and as authorized by statute. 2. Appeal and Error. An appeal […]
LINCOLN CTY. v. JOHNSON, 257 N.W.2d 453 (1977)
LINCOLN COUNTY, South Dakota, and Delapre Township, Plaintiffs and Appellants, v. Arthur B. JOHNSON and Violet V. Johnson, Sioux Falls Development Foundation, Incorporated, and City of Sioux Falls, a Municipal Corporation, Defendants and Respondents. No. 12091.Supreme Court of South Dakota.Argued June 7, 1977. Decided August 30, 1977. Appeal from the Circuit Court of the Second […]
COLLINS v. FAITH SCHOOL DIST. NO. 46-2, 1998 SD 17
574 N.W.2d 889 RICHARD COLLINS, Petitioner and Appellant, v. FAITH SCHOOL DISTRICT # 46-2 and Faith Board of Education, Appellees. No. 19959.Supreme Court of South Dakota.Argued October 22, 1997. Decided February 25, 1998. Page 890 Appeal from the Circuit Court, Eighth Judicial Circuit, Meade County, Scott C. Moses, J. Linda Lea M. Viken of Viken, […]
RUSSELL v. CROW, 60 S.D. 230 (1932)
245 N.W. 249 RUSSELL, Appellant, v. CROW, Respondent. File No. 7126.Supreme Court of South Dakota. Opinion filed September 16, 1932. 1. Automobiles. Negligence and contributory negligence of automobile driver and his invited guest held for jury in action for injuries to latter when automobile struck calf and turned over. 2. Automobiles. It was within jury’s […]
STATE EX REL. DIRKS v. CAPITOL SEC. INS. CO., 84 S.D. 595 (1970)
174 N.W.2d 212 STATE ex rel. DIRKS, Respondent v. CAPITOL SECURITY LIFE INSURANCE COMPANY, Appellant File No. 10696.Supreme Court of South Dakota. Opinion filed February 10, 1970 Page 596 Appeal from Circuit Court, Minnehaha County; Hon. Roy D. Burns, Judge. Affirmed. John E. Burke, Sioux Falls, Bangs, McCullen, Butler, FoyeSimmons, Geo. A. Bangs and W.A. […]
LUSTIG v. LUSTIG, 1997 SD 24
560 N.W.2d 239 Karl A. LUSTIG, Plaintiff and Appellant, v. Susan LUSTIG, Defendant and Appellee. No. 19655.Supreme Court of South Dakota.Considered on Briefs on December 5, 1996. Decided March 5, 1997. Appeal from the Eighth Judicial Circuit Court, Lawrence County, Warren G. Johnson, J. Page 240 Linda Lea M. Viken of Viken, Viken, Pechota, Leach […]
BADGER STATE BANK v. WEISS, 61 S.D. 518 (1933)
249 N.W. 803 In Re ORGANIZATION AND LIQUIDATION OF BADGER STATE BANK OF BADGER. BADGER STATE BANK OF BADGER, et al, Appellants, v. FRED WEISS, et al, Respondents. File No. 6789.Supreme Court of South Dakota. Opinion filed August 23, 1933. 1. Banks and Banking. To entitle one to preference, it must be shown that transaction […]
ACTION PROFESSIONAL SERVICE v. KIGGINS, 458 N.W.2d 365 (1990)
ACTION PROFESSIONAL SERVICE, Plaintiff and Appellee, v. Gary KIGGINS and Diane Kiggins, Defendants and Appellants. No. 16680.Supreme Court of South Dakota.Considered on Briefs January 11, 1990. Decided July 11, 1990. Page 366 Appeal from the Circuit Court, Second Judicial Circuit, Minnehaha County, Gene Paul Kean, J. Steven R. Binger, Sioux Falls, for plaintiff and appellee. […]
STATE v. HERRMANN, 2004 SD 53
679 N.W.2d 503 STATE OF SOUTH DAKOTA, Plaintiff and Appellee, v. BRANDON LEE HERRMANN, Defendant and Appellant. No. 22892Supreme Court of South Dakota. Considered on Briefs on February 17, 2004 Opinion Filed April 21, 2004 Appeal from the Circuit Court of the Second Judicial Circuit, Minnehaha County, South Dakota, Honorable Joseph Neiles Judge. Page 504 […]
RAVERTY v. GOETZ, 82 S.D. 192 (1966)
143 N.W.2d 859 RAVERTY, Appellant v. GOETZ, Respondent File No. 10281.Supreme Court of South Dakota. Opinion filed June 30, 1966 Rehearing denied September 12, 1966 1. Evidence. Estimates which defendant gave as to distance, speed, and position were not undisputed physical facts, for purposes of physical facts rule. 2. Evidence. “Physical facts rule” permits disregard […]
FIRST NAT. BANK OF VOLGA v. KLEINJAN, 418 N.W.2d 326 (1988)
FIRST NATIONAL BANK OF VOLGA, Plaintiff and Appellee, v. Wilbur D. KLEINJAN, Adriana Kleinjan, Defendants and Appellants, and Willis Kleinjan, Joslyn Kleinjan, Gary Kleinjan, United States of America acting through the United States Dept. of Agriculture Farmers Home Administration, and Brookings County, Defendants. No. 15716.Supreme Court of South Dakota.Considered on Briefs November 19, 1987. Decided […]
MASUR v. MASUR, 722 N.W.2d 378 (S.D. 2006)
Masur v. Masur. 23918.Supreme Court of South Dakota. September 05, 2006. Affirmed (SRJ).
SOUTH DAKOTA DEPT. OF LABOR v. NEUHARTH, 345 N.W.2d 386 (1984)
SOUTH DAKOTA DEPARTMENT OF LABOR, UNEMPLOYMENT INSURANCE DIVISION, Plaintiff and Appellee, v. Dwight R. NEUHARTH, Defendant and Appellant. No. 14253-r-JF.Supreme Court of South Dakota.Considered on Briefs January 18, 1984. Decided March 14, 1984. Appeal from the Circuit Court, Sixth Judicial Circuit, Hughes County, Robert Miller, J. Page 387 Drew C. Johnson, Sp. Asst. Atty. Gen., […]
HYDE v. LIEBELT, 391 N.W.2d 186 (1986)
C.W. HYDE, Trustee of the Pauline Klabo Trust, Plaintiff and Appellee, v. Jonathan W.A. LIEBELT and Charlotte A. Liebelt, Defendants and Appellants. No. 15125.Supreme Court of South Dakota.Considered on Briefs April 22, 1986. Decided July 9, 1986. Rehearing Granted August 29, 1986. Appeal from the Circuit Court, Fifth Judicial Circuit, Brown County, Mildred Ramynke, J. […]
IN RE R.M., 795 N.W.2d 412 (S.D. 2011)
In re R.M. No. 25624.Supreme Court of South Dakota. February 24, 2011. Abstracts of Summary Dispositions Affirmed (RJH).
MATTER OF ESTATE OF PEARSON, 419 N.W.2d 704 (1988)
In the Matter of the ESTATE OF W.T. PEARSON, a/k/a William T. Pearson, Deceased. No. 15777.Supreme Court of South Dakota.Considered on Briefs November 19, 1987. Decided February 17, 1988. Appeal from the Circuit Court, Second Judicial Circuit, Minnehaha County, William H. Heuermann, J. Martin G. Farrell, Asst. Atty. Gen., Pierre, for appellee South Dakota Dept. […]
STATE v. McGARRETT, 535 N.W.2d 765 (1995)
STATE of South Dakota, Plaintiff and Appellee, v. Brendan A. McGARRETT, Defendant and Appellant. No. 18754.Supreme Court of South Dakota.Considered on Briefs March 21, 1995. Decided August 2, 1995. Appeal from the Seventh Judicial Circuit Court, Pennington County, John Fitzgerald, J. Page 766 Mark Barnett, Atty. Gen., Frank E. Geaghan, Asst. Atty. Gen., Pierre, for […]
STATE v. BARRETT, 789 N.W.2d 321 (S.D. 2010)
State v. Barrett. No. 25353.Supreme Court of South Dakota. March 29, 2010. Abstracts of Summary Dispositions Affirmed (Eng)
GRAVES v. DENNIS, 2004 SD 137
691 N.W.2d 315 Gary W. and Patricia A. GRAVES, Plaintiffs and Appellants, v. Thomas R. and Carla Sue DENNIS, Defendants and Appellees. No. 23205.Supreme Court of South Dakota.Considered on Briefs on November 15, 2004. Decided December 29, 2004. Appeal from the Circuit Court, Seventh Judicial Circuit, Pennington County, A.P. Fuller, J. Page 316 John K. […]
MARSHALL v. STATE, 305 N.W.2d 838 (1981)
Richard MARSHALL, Petitioner and Appellant, v. STATE of South Dakota, Appellee. No. 12982.Supreme Court of South Dakota.Argued September 9, 1980. On Reassignment May 20, 1981. Appeal from the Seventh Judicial Circuit Court, Pennington County, Merton B. Tice, Jr., J. Page 839 James D. Leach, Rapid City, and Kenneth E. Tilsen, St. Paul, Minn., for petitioner […]
NIELSEN v. ERICKSON, 272 N.W.2d 82 (1978)
Harlan L. NIELSEN, Clifford K. Stratton, Lester E. Rowland, Roger Rygh, Leonard Berndt, Robert D. Tencate, Olander M. Benson, and Clarence A. Lueders, Plaintiffs and Respondents, v. Deloris ERICKSON, Martin Johnson, Nils A. Aspaas, Lloyd L.W. Jones, Clifford Hanson, Warren A. Day, and Joe Alick, Jr., Defendants and Appellants. No. 11977.Supreme Court of South Dakota. […]
STATE v. GOODROAD, 1997 SD 46
563 N.W.2d 126 STATE of South Dakota, Plaintiff and Appellee, v. Danny Dale GOODROAD, Defendant and Appellant. No. 19414.Supreme Court of South Dakota.Considered on Briefs February 20, 1997. Decided April 30, 1997. Appeal from the Circuit Court of the Fourth Judicial Circuit, Davison County, Boyd L. McMurchie, J. Page 127 [EDITORS’ NOTE: THIS PAGE CONTAINS […]
PROFIT COUNSELORS, INC. v. KNIGHT, 82 S.D. 350 (1966)
146 N.W.2d 61 PROFIT COUNSELORS, INC., Appellant v. KNIGHT, Respondent File No. 10292.Supreme Court of South Dakota. Opinion filed November 3, 1966 1. Evidence. Where drawer of check signed written statement at time of issuing check that amount was due and owing for services satisfactorily rendered by payee without defense, counterclaim, offset or other deductions, […]
STOCKMEN’S LIVESTOCK EXCH. v. THOMPSON, 520 N.W.2d 255 (1994)
STOCKMEN’S LIVESTOCK EXCHANGE; Kist Livestock Auction; Western Livestock Co., Inc.; Jane Myers, individually, and as Executrix of the Estate of James Myers, Plaintiffs and Appellees, v. Ted THOMPSON, Tommy Thompson, Thompson Livestock Company and St. Onge Livestock Auction, Inc., Defendants and Appellants. Nos. 18356, 18357, 18358 and 18360.Supreme Court of South Dakota. Considered on Briefs […]