Category: South Dakota Supreme Court Opinions

155 N.W.2d 784 BLACK, Appellant and LINDSTROM et al., Respondents v. UNKNOWN CREDITORS ETC. OF JOEL LINDSTROM, DECEASED, Defendant File No. 10459.Supreme Court of South Dakota. Opinion filed January 23, 1968 Rehearing denied March 18, 1968 Page 120 Appeal from Circuit Court, Clay County; Hon. C.C. Puckett, Judge. Bogue Weeks, Vermillion, for appellant. Brady Kabeiseman […]

STATE of South Dakota, Plaintiff and Respondent, v. Willard STRONG, Defendant and Appellant. No. 11585.Supreme Court of South Dakota. September 3, 1976. Appeal from the Circuit Court, Eighth Judicial Circuit, Butte County, Leslie R. Hersrud, J. Page 278 William J. Janklow, Atty. Gen., Earl R. Mettler, Asst. Atty. Gen., Pierre, for plaintiff and respondent. Dan […]

Keith SCHMIDT, Claimant and Appellee, v. EAGLE MATERIALS CO., and Hartford Accident and Indemnity Company, Employer and Insurer Appellants. No. 13897.Supreme Court of South Dakota.Considered on Briefs March 22, 1983. Decided August 24, 1983. Appeal from the Circuit Court, Second Judicial Circuit, Minnehaha County, Robert C. Heege, J. Page 817 Richard A. Johnson of Willy, […]

James C. THOMAS, Plaintiff and Appellee, v. Daniel McNEILL, Defendant and Appellant. Nos. 16417, 16431.Supreme Court of South Dakota.Considered on Briefs April 26, 1989. Decided November 22, 1989. Appeal from the Circuit Court, Seventh Judicial Circuit, Pennington County, John K. Konenkamp, J. Timothy J. Becker of Banks, Johnson, Johnson, Colbath Huffman, P.C., Rapid City, for […]

237 N.W.2d 7 DAIL, Appellant v. VODICKA, et ux, Respondents File No. 11524.Supreme Court of South Dakota. Opinion filed December 12, 1975 Page 601 Appeal from the Circuit Court of Pennington County; Hon. Thomas Parker, Judge. Fred F. Hendrickson, Rapid City, Marvin D. Truhe, Rapid City, for plaintiff and appellant. Charles H. Whiting, Rapid City, […]

687 N.W.2d 516 WESTMED REHAB, INC., Appellee, v. DEPARTMENT OF SOCIAL SERVICES, Appellant. No. 23010.Supreme Court of South Dakota.Considered on Briefs April 26, 2004. Decided September 15, 2004. Appeal from the Circuit Court, Seventh Judicial Circuit, Pennington County, Thomas L. Trimble, J. Page 517 Robert Gusinsky of Lynn, Jackson, Shultz Lebrun Rapid City, South Dakota, […]

38 N.W.2d 879. In re SADLER’S ESTATE HAMLIN COUNTY, Respondent, v. SADLER, Appellant File No. 9031.Supreme Court of South Dakota. Opinion filed August 23, 1949. Page 57 Appeal from Circuit Court, Hamlin County; Hon. W.W. Knight, Judge. Proceeding in the matter of the estate of Peter Sadler, deceased, by Hamlin County against Anna Sadler, administatrix […]

MARQUARDT v. STERN. No. 21778.Supreme Court of South Dakota. September 4, 2001. Affirmed (LAT).

In the Matter of the Application of David Wayne GARRITSEN for Writ of Habeas Corpus. No. 14721.Supreme Court of South Dakota.Considered on Briefs September 11, 1985. Decided November 13, 1985. Appeal from the Circuit Court, Second Judicial Circuit, Minnehaha County, Robert C. Heege, J. Page 576 Rita Haverly of Minnehaha County Public Defender’s Office, Sioux […]

STATE of South Dakota, Plaintiff and Appellee, v. Jack FENDER, Defendant and Appellant. No. 17479.Supreme Court of South Dakota.Considered on Briefs February 10, 1993. Decided July 28, 1993. Appeal from the Circuit Court, First Judicial Circuit, Charles Mix County, Paul J. Kern, J. Page 859 Mark W. Barnett, Atty. Gen. and Scott Bogue, Asst. Atty. […]

In the Matter of the DISCIPLINE OF Douglas R. BLEEKER, as an Attorney of Law. No. 17137.Supreme Court of South Dakota.Argued November 26, 1990. Decided March 13, 1991. R. James Zieser, Tyndall, for Disciplinary Bd. Michael J. Schaffer of Davenport, Evans, Hurwitz Smith, Sioux Falls, for respondent. Page 859 BERNDT, Circuit Judge. Complaints were filed […]

688 N.W.2d 410 AMERICAN FAMILY MUTUAL INSURANCE GROUP, Plaintiff and Appellee, v. Lawrence J. KOSTANESKI, Defendant, and Jona Kulesza, Defendant and Appellant. No. 23139.Supreme Court of South Dakota.Considered on Briefs August 23, 2004. Decided October 13, 2004. Appeal from the Seventh Judicial Circuit Court, Pennington County, Merton B. Tice, J. Page 411 Michael A. Henderson, […]

STATE v. CHAMBERS. No. 23277.Supreme Court of South Dakota. January 18, 2005. Affirmed (JWA).

566 N.W.2d 846 Arlene T. TALLEY, Plaintiff and Appellee, v. Harmon Anthony TALLEY, Defendant and Appellant. No. 19739.Supreme Court of South Dakota.Argued March 24, 1997. Decided July 16, 1997. Appeal from the Circuit Court, Eighth Judicial Circuit, Meade County, John W. Bastian, J. Page 847 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN […]

Kenneth J. BLINDERT, Petitioner and Appellant, v. STATE of South Dakota, Appellee. No. 12992.Supreme Court of South Dakota.Argued May 22, 1980. Decided August 13, 1980. Appeal from the Circuit Court, Second Judicial Circuit, Minnehaha County, Wayne W. Christensen, J. Page 732 Thomas M. Frankman of Willy, Pruitt, Matthews, Hurd, Farrell, Frankman Johnson, Sioux Falls, for […]

566 N.W.2d 125 SOUTH DAKOTA PUBLIC ENTITY POOL FOR LIABILITY, a/k/a South Dakota Public Assurance Alliance, a Local Government Risk Pool, Plaintiff and Appellant, v. Thomas D. WINGER and Michaelea Winger, Defendants and Appellees. No. 19699.Supreme Court of South Dakota.Argued January 14, 1997. Decided July 2, 1997. Appeal from the Circuit Court, Pennington County, Roland […]

John Mark VELLINGA, Plaintiff and Appellant. v. Delores Ann VELLINGA, Defendant and Appellee. No. 16139.Supreme Court of South Dakota.Considered on Briefs January 9, 1989. Decided June 21, 1989. Appeal from the Circuit Court of the Second Judicial Circuit, Minnehaha County, William H. Heuermann, J. Gary J. Pashby and Michael S. McKnight of Boyce, Murphy, McDowell […]

8 N.W.2d 862 KIRKEGAARD, Respondent, v. CITY OF SIOUX FALLS, Appellant File No. 8544.Supreme Court of South Dakota. Opinion filed March 29, 1943. 1. Waters and Water Courses. Conflicting evidence presented question for jury as to whether city was negligent in flushing a dead-end water hydrant and permitting water to pour upon plaintiff’s premises, so […]

STATE of South Dakota, Plaintiff and Appellee, v. Mern N. FINNEY, Defendant and Appellant. No. 13956.Supreme Court of South Dakota.Considered on Briefs May 24, 1983. Decided July 27, 1983. Rehearing Denied September 7, 1983. Appeal from the Circuit Court, Seventh Judicial Circuit, Shannon County, Marshall P. Young, J. Page 168 Mikal Hanson, Asst. Atty. Gen., […]

PUTNAM RANCHES, INC., Plaintiff and Appellant, and Bennett County, South Dakota, Involuntary Plaintiff, v. O’NEILL PRODUCTION CREDIT ASSOCIATION, Defendant and Respondent. No. 12334.Supreme Court of South Dakota. Decided November 21, 1978. Appeal from the Circuit Court, Sixth Judicial Circuit, Gregory County, Marvin S. Talbott, J. Page 857 Charles Rick Johnson of Johnson, Johnson Eklund, Gregory, […]

STATE of South Dakota, Plaintiff and Appellant, v. John Jerald DALY, Defendant and Appellee. No. 16719.Supreme Court of South Dakota.Argued February 12, 1990. Decided April 18, 1990. Rehearing Denied May 24, 1990. Page 343 Appeal from the Circuit Court, Sixth Judicial Circuit, Todd County, Marvin S. Talbott, J. John P. Guhin, Deputy Atty. Gen., Roger […]

In the Matter of the ESTATE of Mary JACKSON, Deceased. No. 17997.Supreme Court of South Dakota.Considered on Briefs March 18, 1993. Decided November 10, 1993. Appeal from the Circuit Court, Fourth Judicial Circuit, Sanborn County, Ronald K. Miller, J. Page 375 Casey N. Bridgman, Wessington Springs, for appellant Ileane Brosnan. No Appearance Made on Behalf […]

State v. Young. No. 25636.Supreme Court of South Dakota. February 22, 2011. Abstracts of Summary Dispositions Affirmed (LEL). Page 412

State v. Horse. No. 25611.Supreme Court of South Dakota. January 20, 2011. Abstracts of Summary Dispositions Affirmed (TLT).

163 N.W.2d 344 WARD, Respondent v. LaCREEK ELECTRIC ASSOCIATION, INC., Appellant File No. 10466.Supreme Court of South Dakota. Opinion filed December 19, 1968 Page 585 Appeal from Circuit Court, Bennett County; Hon. H.P. Gilchrist, Judge. Page 586 Martens, Goldsmith, May Porter, Pierre, for defendant and appellant. Bangs, McCullen, Butler Foye, Rapid City, for plaintiff and […]

Ahrlin v. Estate of Morris. No. 25798.Supreme Court of South Dakota. August 29, 2011. Abstracts of Summary Dispositions Affirmed (JMK).

STATE of South Dakota, Plaintiff and Appellee, v. Joseph P. KERKHOVE, Defendant and Appellant. No. 15529.Supreme Court of South Dakota.Argued September 1, 1987. Decided April 27, 1988. Appeal from the Circuit Court of the Fourth Judicial Circuit, McCook County, Robert C. Heege, J. Page 161 Richard Dale, Asst. Atty. Gen., Pierre, Roger R. Gerlach, McCook […]

Marjorie A. MOORE, Plaintiff and Appellant, v. Frederick M. MOORE, Defendant and Appellee. No. 14393.Supreme Court of South Dakota.Considered on Briefs May 22, 1984. Decided September 12, 1984. Appeal from the Circuit Court of the Third Judicial Circuit, Codington County, Thomas G. Ries, J. Thomas J. Green of Oviatt, Green, Schulz Roby, Watertown, for plaintiff […]

18 N.W.2d 246 STATE Respondent, v. SMITH, Appellant. File No. 8712.Supreme Court of South Dakota. Opinion filed April 16, 1945. 1. Criminal Law. The act providing that, when jury trial of criminal action in municipal court is demanded, action shall be tried at next regular term of court, refers to regular term succeeding that at […]

Elaine BROWN, Plaintiff and Appellee, v. EGAN CONSOLIDATED SCHOOL DISTRICT # 50-2, Defendant and Appellant. No. 16629.Supreme Court of South Dakota.Argued October 16, 1989. Decided December 13, 1989. Appeal from the Fourth Judicial Circuit Court, Moody County, Tim D. Tucker, J. Page 260 Gregory A. Eiesland and Jon C. Sogn of Lynn, Jackson, Shultz Lebrun, […]

41 N.W.2d 545 NEWTON, Appellant, v. ERICKSON et al., Respondents File No. 9046.Supreme Court of South Dakota. Opinion filed February 27, 1950. Rehearing denied April 11, 1950. Page 229 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 230 Appeal from Circuit Court, […]

Carolyn S. JAMESON, Plaintiff and Appellee, v. G. Malcom JAMESON, Defendant and Appellant. Nos. 13892, 13905.Supreme Court of South Dakota.Considered on Briefs February 17, 1983. Decided April 27, 1983. Rehearing Denied May 31, 1983. Appeal from the Circuit Court, Second Judicial Circuit, Minnehaha County, Gene Paul Kean, J. Page 722 Gary P. Thimsen of Woods, […]

Norma Mae RYKEN et al., Plaintiffs and Appellees, v. The STATE of South Dakota et al., Defendants, and E.W. Boyles, Elloween G. Boyles and Frank Biegelmeier, Defendants and Appellants. No. 13004.Supreme Court of South Dakota.Considered on Briefs November 26, 1980. Decided May 6, 1981. Appeal from the Circuit Court, First Judicial Circuit, Yankton County, Donald […]

764 N.W.2d 501 Rodney COWANS, Petitioner and Appellee, v. SOUTH DAKOTA BOARD OF PARDONS AND PAROLES and Douglas Weber, Warden, Respondents and Appellants. No. 24963.Supreme Court of South Dakota.Argued on February 17, 2009. Decided April 1, 2009. Appeal from the Circuit Court, the Second Judicial Circuit, Minnehaha County, Peter H. Lieberman, J. Page 502 Henry […]

609 N.W.2d 107 SCOTT DAVI, Petitioner and Appellant, v. JOSEPH CLASS, Warden, South Dakota State Penitentiary, Appellee. No. 19844.Supreme Court of South Dakota.Considered on Briefs October 20, 1999. Opinion Filed March 1, 2000. Appeal from the Second Judicial Circuit, Minnehaha County, SD Hon. Glen Severson, Judge, Affirmed. Page 108 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. […]

Gerald J. CUTSHAW, Plaintiff and Appellant, v. Ruth KARIM, Howard Hutchings, Robert Nystrom, William Sahr, and Robert Shay, as Individuals and as members of the Board of Education, Pierre Independent School District #1, Defendants and Respondents. No. 12039.Supreme Court of South Dakota. August 5, 1977. Appeal from the Circuit Court, Sixth Judicial Circuit, Hughes County, […]

768 N.W.2d 144 Donald Ray WHITE, Petitioner and Appellant, v. Douglas WEBER, Warden of the South Dakota State Penitentiary, and the South Dakota Board of Pardons and Paroles, Respondents and Appellees. No. 24933.Supreme Court of South Dakota.Considered on Briefs April 27, 2009. Decided June 17, 2009. Appeal from the Circuit Court, Second Judicial Circuit, Minnehaha […]

George EISCHEN, Plaintiff and Appellant, v. MINNEHAHA COUNTY, Lester Hawkey, Richard Schmitt and Hubert Benz, Individually and in their Respective Official Capacities, Defendants and Appellees. No. 14491.Supreme Court of South Dakota.Considered on Briefs October 23, 1984. Decided February 20, 1985. Appeal from the Circuit Court, Second Judicial Circuit, Minnehaha County, Robert C. Heege, J. Page […]

Jesse STUCK, Appellant, v. Walter LEAPLEY, Warden of the South Dakota State Penitentiary, Appellee. No. 17208.Supreme Court of South Dakota.Considered on Briefs January 10, 1991. Decided July 17, 1991. Appeal from the Circuit Court, Third Judicial Circuit, Beadle County, Robert L. Timm, J. Michael J. Butler, Sioux Falls, for appellant. Roger A. Tellinghuisen, Atty. Gen. […]

34 N.W.2d 172 PEDERSON, Respondent, v. CANTON TOWNSHIP, Appellant File No. 8951.Supreme Court of South Dakota. Opinion filed October 11, 1948. 1. Highways. A township in the construction and maintenance of highways acts in a governmental capacity and its liability is limited to that imposed by statute. 2. Highways. The effect of statute declaring all […]

117 N.W.2d 557 SWOPE, Appellant v. SWOPE, Respondent File No. 10001.Supreme Court of South Dakota. Opinion filed October 24, 1962 Appeal and Error. Appeal was deemed abandoned where, after a lapse of more than 40 days following the date set for settlement of the record, the record still remained to be settled. SDC 1960 Supp. […]

653 N.W.2d 496 LANDERS HARRIS, PLAINTIFF AND APPELLANT v. JEFFERSON PARTNERS, L.P. dba JACKRABBIT BUS LINES, DEFENDANT AND APPELLEE. No. 22198Supreme Court of South Dakota.Considered On Briefs On August 26, 2002. Opinion Filed October 23, 2002. Appeal from the Circuit Court of the Second Judicial Circuit Minnehaha County, South Dakota. Honorable Glen A. Severson Judge. […]

12 N.W.2d 373 STATE, Respondent, v. ZACHTE, Appellant File No. 8649.Supreme Court of South Dakota. Opinion filed December 28, 1943. 1. Criminal Law. Order denying defendant’s motion made before trial to quash search warrant and suppress all evidence secured by allegedly illegal search and seizure was not appealable as a “final judgment.” SDC 34.4101, 34.4103. […]

BUILDERS SUPPLY COMPANY, INC., a corporation of Witten, South Dakota, Plaintiff and Appellant, v. Robert CARR, Defendant and Respondent. No. 12051.Supreme Court of South Dakota.Argued December 2, 1977. Decided March 1, 1979. Appeal from the Circuit Court, Sixth Judicial Circuit, Tripp County, Marvin S. Talbott, J. Page 253 John J. Simpson, Winner, for plaintiff and […]

19 N.W.2d 578 NORTHWEST FINANCE CO., Respondent, v. NORD, Director of Taxation, et al., Appellants. File No. 8723.Supreme Court of South Dakota. Opinion filed July 27, 1945. 1. Taxation. In computing tax on domestic financial corporation’s privilege of doing business within the state, measured by net income, income of branch operated as a separate and […]

STATE of South Dakota, Plaintiff and Appellee, v. Jeffrey COWLEY, Defendant and Appellant. No. 15526.Supreme Court of South Dakota.Considered on Briefs March 26, 1987. Decided July 1, 1987. Appeal from the Circuit Court, Second Judicial Circuit, Minnehaha County, Robert J. Patterson, J. Page 759 Mark V. Meierhenry, Atty. Gen., Pierre, and Timothy J. Wilka, States […]

667 N.W.2d 651 GREG ROTH, Plaintiff and Appellee, v. FARNER-BOCKEN COMPANY, Defendant and Appellant. No. 22384Supreme Court of South Dakota.Argued January 15, 2003 Opinion Filed July 16, 2003 Page 652 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 653 [EDITORS’ NOTE: THIS […]

582 N.W.2d 675 STATE of South Dakota, Plaintiff and Appellee, v. Kerry Joe CHRISTENSEN, Defendant and Appellant. No. 20236.Supreme Court of South Dakota.Considered on Briefs June 1, 1998. Decided July 8, 1998. Appeal from the Circuit Court, Second Judicial Circuit, Minnehaha County, Judith K. Meierhenry, J. Page 676 Mark Barnett, Attorney General, Frank Geaghan, Assistant […]

In the Matter of STATE SALES OR USE TAX LIABILITY OF WEBBER FURNITURE, SCOTTSBLUFF, NEBRASKA. No. 12670.Supreme Court of South Dakota.Argued November 9, 1979 Decided April 9, 1980. Appeal from the Circuit Court of Hughes County, Sixth Judicial Circuit, Robert A. Miller, J. Page 866 Harold H. Deering, Jr., of May, Adam, Gerdes Thompson, Pierre, […]

653 N.W.2d 732 GEORGE BUNKERS and GWEN BUNKERS d/b/a GEORGE BUNKERS CONSTRUCTION, PLAINTIFFS AND APPELLANTS. v. GARY JACOBSON AND DIANE JACOBSON, DEFENDANTS AND APPELLEES, AND GEORGE BUNKERS AND GWEN BUNKERS THIRD PARTY PLAINTIFFS AND d/b/a GEORGE BUNKERS CONSTRUCTION, APPELLANTS, v. NAATJES CONCRETE, INC. AND D.L. JOHNSON AND GORDON JOHNSON d/b/a JOHNSON DRYWALL, THIRD PARTY DEFENDANTS. […]

143 N.W.2d 738 MYRON, Appellant v. COIL, Respondent File No. 10237.Supreme Court of South Dakota. Opinion filed June 22, 1966 Rehearing denied July 26, 1966 1. Automobiles. Court was justified in case involving collision between automobile and motor scooter in refusing to submit issue of last clear chance where evidence disclosed that automobilist first saw […]

Robert D. NELSON, Sandra J. Nelson, Dan Enderby, Colleen Enderby, Debra Garrett, Phil Lervaag, Kenneth Gardner, Kathy Gardner, Roger Goshman, Nancy Goshman, Appellants, v. The SCHOOL BOARD OF the HILL CITY SCHOOL DISTRICT NO. 51-2 OF PENNINGTON COUNTY, Appellees. Nos. 16759, 16768.Supreme Court of South Dakota.Considered on Briefs April 26, 1990. Decided July 25, 1990. […]

STATE of South Dakota, Plaintiff and Appellee, v. Richard TCHIDA, Defendant and Appellant. 14185.Supreme Court of South Dakota.Considered on Briefs January 16, 1984. Decided April 18, 1984. Appeal from the Circuit Court, Fifth Judicial Circuit, Roberts County, Mildred Ramynke, J. Roxanne Giedd, Asst. Atty. Gen., Pierre, for plaintiff and appellee; Mark V. Meierhenry, Atty. Gen., […]

HILLS OF REST MEMORIAL PARK, INC., Plaintiff and Appellant, v. David A. WITTE and Chapel Hill Funeral Home, Inc., Defendants and Appellees. No. 15771.Supreme Court of South Dakota.Argued January 11, 1988. Decided August 24, 1988. Appeal from the Circuit Court, Second Judicial Circuit, Minnehaha County, Robert C. Heege, J. Page 849 John E. Burke, Sioux […]

State v. Schultz. No. 24569.Supreme Court of South Dakota. September 2, 2008. Abstracts of Summary Dispositions Affirmed (JN). Page 329

599 N.W.2d 400 GREGORY T. RAMSEY, Plaintiff and Appellant, v. DIANA M. MATHISRUD, Defendant and Appellee. Supreme Court of South Dakota.Considered on Briefs June 1, 1999. Opinion Filed September 1, 1999. Appeal from the Eighth Judicial Circuit, Lawrence County, SD Hon. Timothy R. Johns, Judge, #20890 — Affirmed. A. P. Fuller, Fuller, Tellinghuisen, Gordon Percy, […]

658 N.W.2d 395 LOREN POURIER, d/b/a MUDDY CREEK OIL AND GAS, INC., and MUDDY CREEK OIL AND GAS, INC., Plaintiffs and Appellants, v. SOUTH DAKOTA DEPARTMENT OF REVENUE, Defendant and Appellee. No. 22221Supreme Court of South Dakota.Argued November 19, 2002. Opinion Filed February 26, 2003. Appeal From The Circuit Court Of The Sixth Judicial Circuit […]

72 N.W.2d 852 HUFFMAN, Respondent v. SHEVLIN, Appellant File No. 9415.Supreme Court of South Dakota. Opinion filed November 15, 1955. Page 85 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 86 Appeal from Circuit Court, Brown County; Hon. Harold W. King, Judge. […]

175 N.W.2d 605 MILLER et ux., Respondents v. BAKEN PARK, INC., Appellant File Nos. 10569, 10586.Supreme Court of South Dakota. Opinion filed March 6, 1970 Page 625 Appeal from Circuit Court, Pennington County; Hon. George D. Lampert, Judge. Page 626 Hanley, Wallahan, Driscoll Murray, Rapid City, Costello,Porter, Hill, Banks Nelson, Rapid City, for plaintiffs. Bangs, […]

Gaylen BENNETT, Plaintiff and Appellant, v. Tony JANSMA, d/b/a Jansma Cattle Co., Defendant and Appellee. No. 13613.Supreme Court of South Dakota.Argued September 8, 1982. Decided January 19, 1983. Appeal from the Circuit Court, First Judicial Circuit, Yankton County, Jay H. Tapken, J. Page 135 William J. Klimisch of Goetz, Hirsch Klimisch, Yankton, for plaintiff and […]

STATE of South Dakota, Plaintiff and Appellee, v. Scott MEANS, Defendant and Appellant. No. 14542.Supreme Court of South Dakota.Considered on Briefs November 28, 1984. Decided February 27, 1985. Appeal from the Circuit Court of the Seventh Judicial Circuit, Pennington County, Roland Grosshans, J. Page 566 Mark A. Moreno, Asst. Atty. Gen., Pierre, for plaintiff and […]

The FARM CREDIT BANK OF OMAHA, a federally chartered corporation, Plaintiff and Appellee, v. Gladys MABERRY and Connie Van Bockern, Executrixes of the Estate of Daniel B. Garber, a/k/a Dan B. Garber, D.B. Garber and Daniel Garber, Esperanza Garber, Bennie Garber and the Small Business Administration, an agency of the government of the United States […]

786 N.W.2d 748 James E. SELLE and Rosemary A. Selle, Plaintiffs and Appellees, v. James TOZSER, Defendant and Appellant. No. 25389.Supreme Court of South Dakota.Argued April 27, 2010. Decided July 28, 2010. Appeal from the Circuit Court, Sixth Judicial Circuit, Gregory County, Kathleen F. Trandahl, J. Page 749 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES […]

Robert E. HEINZMAN, Plaintiff and Appellant, v. John Freeman HOWARD and Mary Jean Howard, husband and wife, and the State Bank of Alcester, a corporation, Defendants and Appellees. No. 14225.Supreme Court of South Dakota.Argued March 21, 1984. Decided May 9, 1984. Rehearing Denied June 18, 1984. Appeal from the Circuit Court, First Judicial Circuit, Union […]

STATE of South Dakota, Plaintiff and Respondent, v. Sarah BAD HEART BULL and Robert High Eagle, Defendants and Appellants. Nos. 11531, 11573.Supreme Court of South Dakota. September 16, 1977. Appeal from the Circuit Court, Custer County, Seventh Judicial Circuit, Joseph H. Bottum, J. Page 716 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN […]

705 N.W.2d 77 Daniel C. GODFREY, Plaintiff and Appellee, v. Pamila K. GODFREY, Defendant and Appellant. No. 23312.Supreme Court of South Dakota.Considered on Briefs May 23, 2005. Decided September 28, 2005. Appeal from the Seventh Judicial Circuit Court, Pennington County, Merton B. Tice, Jr., J. Page 78 Barton R. Banks of Banks, Johnson, Colbath, Sumner […]