MILLER v. HERNANDEZ, 520 N.W.2d 266 (1994)

Joyce M. MILLER, Plaintiff and Appellant, v. Anthony HERNANDEZ, Defendant and Appellee. No. 18523.Supreme Court of South Dakota. Considered on Briefs May 24, 1994. Decided August 3, 1994. Appeal from the Second Judicial Circuit Court, Minnehaha County, William J. Srstka, J. Page 267 Mark V. Meierhenry of Danforth, Meierhenry Meierhenry, Sioux Falls, for plaintiff and […]

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ZIEGLER FURNITURE AND FUNERAL v. CICMANEC, 2006 SD 6

709 N.W.2d 350 ZIEGLER FURNITURE AND FUNERAL HOME, INC., Plaintiff and Appellant, v. Bill CICMANEC, Defendant and Appellee. No. 23520.Supreme Court of South Dakota.Considered on Briefs August 30, 2005. Decided January 18, 2006. Rehearing Denied February 23, 2006. Appeal from the Circuit Court, Seventh Judicial Circuit, Pennington County, Thomas L. Trimble, J. Page 351 [EDITORS’ […]

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STATE v. REIMAN, 284 N.W.2d 860 (1979)

STATE of South Dakota, Plaintiff and Respondent, v. Harold Frederick REIMAN, Robert G. Graham, Jeffery G. Onstott, Alan N. Elliott, Defendants and Appellants. Nos. 12451, 12461 to 12463.Supreme Court of South Dakota.Argued May 16, 1979. Decided October 31, 1979. Appeal from the Circuit Court, First Judicial Circuit, Yankton County, John B. Jones, J. Page 861 […]

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IN RE PETERSEN’S ESTATE, 67 S.D. 540 (1940)

295 N.W. 494 In re PETERSEN’S ESTATE CHANEY, et al, Respondents, v. BLAKE, et al, Appellants File No. 8345.Supreme Court of South Dakota. Opinion filed December 24, 1940. 1. Subrogation. “Subrogation” is the mode which equity adopts to compel the ultimate discharge of the debt by him who, in good conscience, ought to pay it […]

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A.M. FARMS v. COUNTY OF CODINGTON, 2009 SD 28

765 N.W.2d 550 A.M. FARMS, Dan Miller; Gabriel Aberle; Tom Aljoe; Richard Becking; Todd Becking; William Becking; Bergh Farms; Larry Bergh; Phil Bergh; John Blais and Nancy Blais; Tim Boerger; Larry Borkhuis; Don Brandriet; Roger Brandriet; Doug Brandriet; Merlin Bunde; Stan Busskohl; Carpenter Farms; Richard Carpenter; Robbie Carpenter; Chuck Clausen; Brian Comes; Jim Comes; William […]

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SEDAM v. MEADE COUNTY, 72 S.D. 494 (1949)

36 N.W.2d 672 STATE ex rel SEDAM, Petitioner, v. CIRCUIT COURT, MEADE COUNTY, Defendant File No. 9070.Supreme Court of South Dakota. Opinion filed April 5, 1949. Original Proceeding 1. Criminal Law — Kidnapping. Information filed in 1937 which charged that defendant forcibly seized woman with intent to secretly confine or imprison her within state charged […]

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HOMESTAKE MINING CO. v. GOMMER ET AL., 82 S.D. 202 (1966)

143 N.W.2d 735 HOMESTAKE MINING COMPANY, Appellant v. GOMMER et al., Respondents File No. 10259.Supreme Court of South Dakota. Opinion filed July 1, 1966 Rehearing denied September 2, 1966 1. Taxation. Uranium ore stockpile which was transported from Wyoming and deposited before 1963 in South Dakota was properly taxed for 1963 personal property tax in […]

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ASSOCIATED PRESS v. BRADSHAW, 410 N.W.2d 577 (1987)

ASSOCIATED PRESS, Watertown Public Opinion Co., Sioux Falls Newspapers, Inc., Sorenson Broadcasting Co., SDTV, Inc., and Kelo Land News, Plaintiffs and Applicants, v. The Honorable Dale E. BRADSHAW, Circuit Judge, Third Judicial Circuit, South Dakota, Defendant. No. 15850.Supreme Court of South Dakota.Argued July 15, 1987. Decided August 14, 1987. Jon Arneson, Sioux Falls, for plaintiffs […]

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ANDREE v. ANDREE, 291 N.W.2d 788 (1980)

Harry ANDREE, Plaintiff and Appellant, v. Laura C. ANDREE, Adolph Roth, LaVerna Roth, Jerry J. Kost, Sharon A. Kost, and Clarence Mogck, Defendants and Appelees. No. 12883.Supreme Court of South Dakota.Argued February 26, 1980. Decided April 30, 1980. Page 789 Appeal from the First Judicial Circuit Court, Hutchinson County, Robert C. Ulrich, J.,. John P. […]

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LEO v. ADAMS, 87 S.D. 341 (1973)

208 N.W.2d 706 LEO, Appellant v. ADAMS, Respondent File No. 11100.Supreme Court of South Dakota. Opinion filed June 20, 1973 Appeal from the Circuit Court of Minnehaha County; Hon. Roy D. Burns, Judge. Action for injuries sustained in an auto accident. Trial court granted defendant’s motion for a judgment n.o.v. and plaintiff appeals. Reversed with […]

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ESTATE OF BIESMANN; CROWLEY v. WALKER, 88 S.D. 361 (1974)

220 N.W.2d 384 ESTATE of BIESMANN. CROWLEY, Appellant v. WALKER et al., Respondents File No. 11275.Supreme Court of South Dakota. Opinion filed July 25, 1974 Appeal from the District County Court of Meade County; Hon. Richard A. Furze, Judge. Page 362 Dale L. Morman and John H. Shepard of Morman, Smit Shepard, Sturgis, for appellant. […]

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MATTER OF TAX APPEAL OF LOGAN AND ASSOCIATES, 331 N.W.2d 281 (1983)

In the Matter of the TAX APPEAL OF LOGAN AND ASSOCIATES From a Decision of the South Dakota State Board of Equalization. McCULLOCH GAS PROCESSING CORPORATION, Appellee, v. BUTTE COUNTY, South Dakota, Appellant. No. 13853.Supreme Court of South Dakota.Considered on Briefs January 21, 1983. Decided March 9, 1983. Appeal from the Circuit Court, Eighth Judicial […]

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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. […]

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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. […]

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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 […]

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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. […]

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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 […]

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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. […]

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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 […]

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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, […]

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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 […]

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IN RE ESTATE OF FARNSWORTH, 84 S.D. 676 (1970)

176 N.W.2d 247 IN RE ESTATE OF FARNSWORTH File No. 10565.Supreme Court of South Dakota. Opinion filed March 24, 1970 Appeal from Circuit Court, Minnehaha County; Hon. Andrew W. Bogue, Judge. Reversed. Page 677 Willy, Pruitt Matthews, Gene E. Pruitt, Sioux Falls, for Northwestern Nat. Bank of Sioux Falls, Executor, and David W. Farnsworth, Betty […]

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JOHNSON v. COSS, 2003 SD 86

667 N.W.2d 701 GEORGE D. JOHNSON and JOHNSON FORD LINCOLN MERCURY, INC., Plaintiffs and Appellees, v. LAWRENCE COSS, Defendant and Appellant. No. 22556Supreme Court of South Dakota.Argued April 30, 2003 Opinion Filed July 23, 2003 Page 702 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE […]

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STATE v. PETERSON, 531 N.W.2d 581 (1995)

STATE of South Dakota, Plaintiff and Appellee, v. Ralph Dean PETERSON, Defendant and Appellant. No. 18675.Supreme Court of South Dakota.Considered on Briefs October 20, 1994. Decided May 17, 1995. Appeal from the Circuit Court, Second Judicial Circuit, Minnehaha County, William J. Srstka, J. Page 582 Mark Barnett, Atty. Gen., Wade A. Hubbard, Deputy Atty. Gen., […]

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MID-AMERICA MKTG. v. DAKOTA INDUSTRIES, 281 N.W.2d 419 (1979)

MID-AMERICA MARKETING CORPORATION, Plaintiff and Respondent, v. DAKOTA INDUSTRIES, INC. and LaMaur, Inc., Defendants and Appellants. No. 12085.Supreme Court of South Dakota. July 5, 1979. Rehearing Granted August 16, 1979. Appeal from the Second Judicial Circuit Court, Minnehaha County, John L. Wilds, J. David V. Vrooman, Sioux Falls, David J. Vickers, of Boyce, Murphy, McDowell […]

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STATE v. REE, 331 N.W.2d 557 (1983)

STATE of South Dakota, Plaintiff and Appellee, v. Timothy Owen REE, Defendant and Appellant. No. 13756.Supreme Court of South Dakota.Argued November 15, 1982. Decided March 23, 1983. Rehearing Denied April 19, 1983. Appeal from the Circuit Court, Second Judicial Circuit, Minnehaha County, Robert C. Heege, J. Curtis G. Wilson, Asst. Atty. Gen., Pierre, for plaintiff […]

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KLINGER v. KLINGER, 79 S.D. 182 (1961)

109 N.W.2d 633 KLINGER, Appellant v. KLINGER, Respondent File No. 9875.Supreme Court of South Dakota. Opinion filed June 28, 1961 Page 183 Appeal from Circuit Court, Hanson County; Hon. Fred J. Nichol, Judge. Judgment affirmed. Henry C. Mundt, Sioux Falls, George W. Wuest, Danforth, Bleeker Carlson, Mitchell, for Plaintiff and Appellant. Shandorf Slocum, Mitchell, for […]

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BAILEY v. JONES, 81 S.D. 617 (1966)

139 N.W.2d 385 BAILEY, Respondent v. JONES et al., Appellants File No. 10280.Supreme Court of South Dakota. Opinion filed January 13, 1966 1. Counties. In South Dakota the county boards both manage and govern the counties. Page 618 2. Counties. The election of county commissioners must accord with the “one person, one vote” doctrine. SDC […]

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GOLDEN v. OAHE ENTERPRISES, INC., 319 N.W.2d 493 (1982)

Warren GOLDEN, Plaintiff and Appellant, v. OAHE ENTERPRISES, INC., a South Dakota Corporation, Donald D. Emmick, individually and as a Director and the President of Oahe Enterprises, Inc., and Robert Emmick, individually and as a Director and Secretary of Oahe Enterprises, Inc., Defendants and Appellees. No. 13412.Supreme Court of South Dakota.Argued October 20, 1981. Decided […]

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MEINDERS v. MEINDERS, 305 N.W.2d 404 (1981)

Danell L. MEINDERS, Plaintiff and Appellee, v. Thomas R. MEINDERS, Defendant and Appellant. No. 13081.Supreme Court of South Dakota.Considered on Briefs February 18, 1981. Decided May 6, 1981. Rehearing Denied June 12, 1981. Appeal from the Circuit Court, Second Judicial Circuit, Minnehaha County, Robert C. Heege, J. Thomas J. Farrell of Willy, Pruitt, Matthews, Farrell, […]

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MATTER OF DISCIPLINE OF TIDBALL, 503 N.W.2d 850 (1993)

In the Matter of the DISCIPLINE OF Keith A. TIDBALL, as an Attorney of Law. No. 17955.Supreme Court of South Dakota.Argued April 19, 1993. Decided July 21, 1993. Appeal from the Disciplinary Board. Page 851 R. James Zieser, Tyndall, for Disciplinary Bd. Robert B. Frieberg of Frieberg, Rudolph and Peterson, Beresford, for respondent. GILBERTSON, Circuit […]

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STATE v. ROBINSON, 1999 SD 141

602 N.W.2d 730 STATE OF SOUTH DAKOTA, Plaintiff and Appellee, v. MICHAEL J. ROBINSON, Defendant and Appellant. 20737Supreme Court of South Dakota.Argued September 14, 1999. Opinion Filed November 3, 1999. Appeal from the First Judicial Circuit, Lincoln County, SD, Hon. Richard Bogue, Judge, #20737 — Affirmed in part; Reversed in part. Page 731 Mark Barnett, […]

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LUKE v. STEVENSON, 2005 SD 51

696 N.W.2d 553 Tamara K. LUKE, Individually, and as the Trustee of the Elmer Stevenson Trust, Plaintiff and Appellee, v. Clara STEVENSON, Jennifer Sampson Heltzel, and Jason Sampson, Defendants, and Andrea Brown and Gerard Hehn, Defendants and Appellants. Nos. 23285, 23286.Supreme Court of South Dakota. Considered on Briefs March 21, 2005. Decided April 27, 2005. […]

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PEOPLE IN INTEREST OF S.R., 323 N.W.2d 885 (1982)

The PEOPLE of the State of South Dakota, in the Interest of S.R., A Child, and Concerning B.R. — Mother, K.A. — Father, E.B. — Maternal Grandmother and Indian Custodian. No. 13601.Supreme Court of South Dakota.Argued April 29, 1982. Decided September 1, 1982. Appeal from the Circuit Court of the Seventh Judicial Circuit, Pennington County, […]

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STATE v. VERHOEF, 2001 SD 58

627 N.W.2d 437 State of South Dakota Plaintiff and Appellee v. Troy Martin Verhoef Defendant and Appellant Nos. 21480, 21481, 21482, 21483, 21484Supreme Court of South Dakota.Considered on Briefs January 8, 2001. Opinion Filed May 16, 2001. Appeal from the Circuit Court of The Fourth Judicial Circuit Lake County, South Dakota Hon. Timothy D. Tucker, […]

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STATE v. COSGROVE, 439 N.W.2d 119 (1989)

STATE of South Dakota, Plaintiff and Appellee, v. Lindy D. COSGROVE, Defendant and Appellant. No. 16294.Supreme Court of South Dakota.Considered on Briefs March 22, 1989. Decided May 3, 1989. Appeal from the Fourth Judicial Circuit Court, Brule County, Ronald K. Miller, J. Page 120 Diane M. Patrick, Asst. Atty. Gen., Pierre, for plaintiff and appellee; […]

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HORNE v. CROZIER, 1997 SD 65

565 N.W.2d 50 William B. HORNE, Plaintiff and Appellant, v. Brian CROZIER, individually and as an employee of the City of Sioux Falls, and City of Sioux Falls, Defendants and Appellees. No. 19536.Supreme Court of South Dakota.Argued December 4, 1996. Decided June 4, 1997. Appeal from the Second Judicial Circuit Court, Minnehaha County, William J. […]

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ALMA GROUP v. WEISS, 2000 SD 108

616 N.W.2d 96 ALMA GROUP, L.L.C., Plaintiff and Appellee, v. CHARLES W. WEISS, Defendant and Appellant, and First Federal Savings Bank, f/k/a First Federal Savings and Loan Association and Pennington County, South Dakota, Defendants. No. 21224Supreme Court of South Dakota.Considered on Brief April 25, 2000. Opinion Filed August 16, 2000. Page 97 Appeal from the […]

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CLAGGETT v. DEPARTMENT OF REVENUE, 464 N.W.2d 212 (1990)

Joe CLAGGETT, d/b/a Foto Vu Midwest, Appellee, v. DEPARTMENT OF REVENUE, STATE OF SOUTH DAKOTA, Appellant. No. 17069.Supreme Court of South Dakota.Considered on Briefs October 22, 1990. Decided December 26, 1990. Appeal from the Circuit Court of the Fourth Judicial Circuit, Davison County, Marshall Gerken, J. Dave L. Claggett, Spearfish, for appellee. Timothy T. Weber, […]

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JACKSON v. PENNINGTON CO., 76 S.D. 495 (1957)

81 N.W.2d 686 JACKSON, Appellant v. BOARD OF COUNTY COMMISSIONERS FOR PENNINGTON COUNTY et al., Defendants and FELLOWS, Intervener and Respondent File No. 9592.Supreme Court of South Dakota. Opinion filed March 6, 1957. Rehearing denied July 31, 1957. Page 496 Appeal from Circuit Court, Pennington County; Hon. Burton Penfold, Judge. Proceeding by owner of tract […]

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ARCON CONST. CO. v. SOUTH DAKOTA CEMENT PLANT, 382 N.W.2d 668 (1986)

ARCON CONSTRUCTION CO., INC., A Minnesota Corporation with its principal place of business at Mora, Minnesota, Plaintiff and Appellant, (No. 15092) v. SOUTH DAKOTA CEMENT PLANT, et al., Defendants and Appellants. (No. 15091) Nos. 15091Supreme Court of South Dakota.Argued January 15, 1986. Decided February 26, 1986. Appeal from the Circuit Court, Seventh Judicial Circuit, Pennington […]

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CITY OF VERMILLION v. HUGENER, 75 S.D. 106 (1953)

59 N.W.2d 732 CITY OF VERMILLION, Respondent v. HUGENER, Appellant File No. 9357.Supreme Court of South Dakota. Opinion filed August 6, 1953. Rehearing denied December 30, 1953. 1. Municipal Corporations. From fact that subsequently enacted statute granted municipalities power to establish and maintain golf courses as part of park system, it need not be implied […]

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STATE v. WATTS, 85 S.D. 638 (1971)

188 N.W.2d 913 STATE, Respondent v. WATTS, Appellant File No. 10804.Supreme Court of South Dakota. Opinion filed August 13, 1971 Rehearing denied August 31, 1971. 1. Homicide. Conflicting evidence in prosecution of defendant, who shot and killed his stepson warranted finding that such homicide was not justifiable as matter of self-defense. SDCL 22-16-35. 2. Homicide. […]

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BURMEISTER v. YOUNGSTROM, 81 S.D. 578 (1965)

139 N.W.2d 226 BURMEISTER, Respondent v. YOUNGSTROM et al., Appellants File No. 10182.Supreme Court of South Dakota. Opinion filed December 28, 1965 Rehearing denied January 31, 1966 1. Automobiles. In action for wrongful death of passenger in automobile which struck side of defendants’ truck traversing blind intersection of county roads from passenger’s left, instruction requested […]

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CHESKEY v. CHESKEY, 298 N.W.2d 180 (1980)

Dolores E. CHESKEY, Plaintiff and Appellee, v. Cameron CHESKEY, Defendant and Appellant. No. 13007.Supreme Court of South Dakota.Argued October 17, 1980. Decided November 5, 1980. Appeal from the Circuit Court, First Judicial Circuit, Clay County, Robert C. Ulrich, J. Page 181 Martin Weeks, Jr., of Bogue, Weeks Rusch, Vermillion, for plaintiff and appellee. Jack R. […]

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IN RE PEOPLE, 2008 SD 88

756 N.W.2d 549 The PEOPLE of the State of South Dakota in the Interest of J.H., Minor Child, and Concerning B.H. and J.H., Respondents. No. 24561.Supreme Court of South Dakota.Argued April 22, 2008. Decided September 10, 2008. Appeal from the Circuit Court of the First Judicial Circuit, Turner County, Steven R. Jensen, J. Lawrence E. […]

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STATE v. CHAVEZ, 2003 SD 93

668 N.W.2d 89 STATE OF SOUTH DAKOTA, Plaintiff and Appellee, v. PEDRO GARCIA CHAVEZ a/k/a ALFREDO GARCIA CHAVEZ, Defendant and Appellant. No. 22438Supreme Court of South Dakota.Argued March 25, 2003 Opinion Filed July 30, 2003 Appeal From The Circuit Court Of The Fourth Judicial Circuit Lawrence County, South Dakota, Honorable Timothy R. Johns Judge. Page […]

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STATE v. BUSH, 260 N.W.2d 226 (1977)

STATE of South Dakota, Plaintiff and Respondent, v. Alonzo BUSH, Defendant and Appellant. No. 12052.Supreme Court of South Dakota. November 30, 1977. Appeal from the Circuit Court, Seventh Judicial Circuit, Pennington County, Donald L. Heck, J. Page 227 John P. Guhin, Asst. Atty. Gen., Pierre, for plaintiff and respondent, William J. Janklow, Atty. Gen., Pierre, […]

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WAFF v. SOLEM, 427 N.W.2d 118 (1988)

David WAFF, Petitioner and Appellant, v. Herman SOLEM, Respondent and Appellee. No. 15964.Supreme Court of South Dakota.Argued April 27, 1988. Decided July 27, 1988. Appeal from the Circuit Court, Eighth Judicial Circuit, Lawrence County, Robert L. Tschetter, J. Richard Braithwaite, Sioux Falls, for petitioner and appellant. Mark Smith, Asst. Atty. Gen., Pierre, for respondent and […]

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STATE v. FRAZIER, 2002 SD 66

646 N.W.2d 744 STATE OF SOUTH DAKOTA, Plaintiff and Appellee, v. DAWN FRAZIER, Defendant and Appellant. No. 22024Supreme Court of South Dakota.Considered On Briefs On April 22, 2002. Opinion Filed June 5, 2002. Appeal From The Circuit Court Of The Fourth Judicial Circuit Meade County, South Dakota. The Honorable Warren G. Johnson Judge. Page 745 […]

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PEOPLE IN INTEREST OT C.L., 356 N.W.2d 476 (1984)

The PEOPLE of the State of South Dakota, In the Interest of C.L. and B.R. and Concerning T.L., Mother; K.C., Father. No. 14471.Supreme Court of South Dakota.Considered on Briefs September 11, 1984. Decided October 17, 1984. Appeal from the Circuit Court, Seventh Judicial District, Custer County, Thomas F. Parker, J. Page 477 Janice Godtland, Asst. […]

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IN INTEREST OF A.D.R., 499 N.W.2d 906 (1993)

The People of the State of South Dakota in the Interest of A.D.R., A Child(ren) and concerning T.R. STATE of South Dakota, Plaintiff and Appellee, v. Anthony Don RIOS, Defendant and Appellant. Nos. 17909, 17911.Supreme Court of South Dakota.Considered on Briefs February 9, 1993. Decided May 5, 1993. Appeal from the Circuit Court, Seventh Judicial […]

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STATE HIGHWAY COM’N, ETC. v. BREDVIK, 268 N.W.2d 144 (1978)

The STATE HIGHWAY COMMISSION of the State of South Dakota on Behalf of and in the name of the STATE of South Dakota, Plaintiff and Respondent, v. Harold C. BREDVIK, Defendant and Appellant. No. 12212.Supreme Court of South Dakota.Argued May 15, 1978. Decided July 20, 1978. Appeal from the Circuit Court, Fifth Judicial Circuit, Roberts […]

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GOTTSCHALK v. SOUTH DAKOTA STATE REAL ESTATE, 264 N.W.2d 905 (1978)

Oliver A. GOTTSCHALK, Appellant, v. SOUTH DAKOTA STATE REAL ESTATE COMMISSION, Respondent. No. 12065.Supreme Court of South Dakota. April 12, 1978. Appeal from the Sixth Judicial Circuit Court, Hughes County, Robert A. Miller, J. Page 906 Lewayne M. Erickson, Brookings, for appellant. William J. Srstka, Jr. of Duncan, Olinger Srstka, Pierre, for respondent. ZASTROW, Justice. […]

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MOBILE ELECTRIC v. FIRSTEL, 2002 SD 87

649 N.W.2d 603 MOBILE ELECTRIC SERVICE, INC., PLAINTIFF AND APPELLEE, v. FIRSTEL, INC., DEFENDANT AND APPELLANT. No. 21818Supreme Court of South Dakota.Considered October 1, 2001. Reassigned March 19, 2002. Opinion Filed July 24, 2002. Appeal from the Circuit Court of The Second Judicial Circuit Minnehaha County, South Dakota Hon. Willam J. Srstka, Judge. Page 604 […]

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BOOTS v. NULL, 59 S.D. 109 (1931)

238 N.W. 307 BOOTS, Appellant, v. NULL, et al, Respondents. File No. 6878.Supreme Court of South Dakota. Opinion filed October 5, 1931. 1. Fraudulent Conveyances. If creditor’s claim was valid, debtor’s permitting judgment to be taken was not fraudulent. 2. Fraudulent Conveyances. If debtor could not pay judgment or redeem from execution sale, his agreement […]

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MATTER OF GROSETH INTERN., INC., 442 N.W.2d 229 (1989)

In the Matter of the Termination of the Franchise Agreement Between GROSETH INTERNATIONAL, INC., and International Harvester. Nos. 15944, 15962.Supreme Court of South Dakota.Considered on Briefs March 20, 1989. Decided June 14, 1989. Appeal from the Circuit Court, Sixth Judicial Circuit, Hughes County, Steven J. Zinter, J. Celia Miner of Brady, Reade Johnson, Yankton, for […]

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IN RE L.N., 2004 SD 126

689 N.W.2d 893 In the Interest of L.N., Alleged Abused/Neglected Child and Concerning P.W., Respondent Mother. No. 23106.Supreme Court of South Dakota.November 23, 2004. Argued on August 24, 2004. Decided November 23, 2004. Appeal from the Circuit Court of the Second Judicial Circuit, Minnehaha County, Peter Lieberman, J. Page 894 Jeff Larson, Minnehaha County Public […]

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BLAKEY v. BOOS, 83 S.D. 1 (1967)

153 N.W.2d 305 BLAKEY, Appellant v. BOOS et al., Respondents File No. 10339.Supreme Court of South Dakota. Opinion filed October 13, 1967 Page 2 Appeal from Circuit Court, Minnehaha County; Hon. George A. Rice, Judge. Page 3 Brady, Kabeiseman Light and C.E. Light, Yankton, for plaintiff and appellant. Kirby, McDonnell Kirby, Gene McDonnell, Sioux Falls, […]

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LEISINGER v. JACOBSON, 2002 SD 108

651 N.W.2d 693 KEVIN LEISINGER, PLAINTIFF AND APPELLEE, v. CHERYL D. JACOBSON, DEFENDANT AND APPELLANT No. 22086Supreme Court of South Dakota.Considered On Briefs On April 22, 2002. Opinion Filed August 21, 2002. Appeal from the Circuit Court of the Second Judicial Circuit, Minnehaha County, South Dakota. The Honorable Glen A. Severson Judge. Page 694 WILSON […]

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BEAN v. BEST, 77 S.D. 433 (1958)

93 N.W.2d 403 BEAN, Appellant v. BEST et al., Respondents File No. 9690.Supreme Court of South Dakota. Opinion filed December 6, 1958 Rehearing denied December 20, 1958. Page 434 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 435 Appeal from Circuit Court, […]

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HANKS v. CORSON BD. OF COUNTY COM’RS, 2007 SD 10

727 N.W.2d 296 Curtis W. HANKS, Plaintiff and Appellee, v. CORSON COUNTY BOARD OF COUNTY COMMISSIONERS, Defendant and Appellant. No. 24003.Supreme Court of South Dakota.Argued August 30, 2006. Decided January 17, 2007. Appeal from the Circuit Court, Fourth Judicial Circuit, Corson County, Warren G. Johnson, J. Page 297 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES […]

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MATTER OF JOHNSON, 338 N.W.2d 453 (1983)

In the Matter of the Appeal from the Final Decision of the South Dakota Department of Labor, Unemployment Insurance Division, for Lorraine JOHNSON. Appeal No. C-3031. No. 13962.Supreme Court of South Dakota.Considered on Briefs March 25, 1983. Decided September 21, 1983. Appeal from the Circuit Court of the Second Judicial Circuit, Minnehaha County, Gene Paul […]

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STATE v. WALTON, 1999 SD 80

600 N.W.2d 524 STATE OF SOUTH DAKOTA, Plaintiff and Appellee, v. BENJAMIN WALTON, Defendant and Appellant. No. 20403Supreme Court of South Dakota.Argued March 23, 1999. Opinion Filed June 30, 1999. Page 525 Appeal from the Seventh Judicial Circuit, Pennington County, SD Hon. Thomas L. Trimble, Judge, #20403 — Affirmed Page 526 Mark Barnett, Attorney General, […]

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FOX v. KNEIP, 294 N.W.2d 657 (1980)

Lloyd FOX and Howard Jensen, Plaintiffs and Respondents, v. Richard F. KNEIP, George Kane, and Alice Kundert, as members of the Board of School and Public Lands, and George Kane, as Commissioner of School and Public Lands, Defendants and Appellants. No. 12980.Supreme Court of South Dakota.Argued May 22, 1980. Decided July 16, 1980. Rehearing Denied […]

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SOUTH DAKOTA BD. OF NURSING v. JONES, 1997 SD 78

566 N.W.2d 142 SOUTH DAKOTA BOARD OF NURSING and South Dakota Board of Medical and Osteopathic Examiners, Plaintiffs and Appellees, v. Judy K. JONES, Defendant and Appellant. No. 19803.Supreme Court of South Dakota.Argued February 18, 1997. Decided July 9, 1997. Appeal from the First Judicial Circuit Court, Union County, Richard Bogue, J. Page 143 [EDITORS’ […]

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BINEGAR v. DAY, 80 S.D. 141 (1963)

120 N.W.2d 521 BINEGAR, Respondent v. DAY, Appellant File No. 10014.Supreme Court of South Dakota. Opinion filed March 15, 1963 1. Husband and Wife. The Married Women’s Act did not deprive a husband of his common-law right to sue for loss of consortium resulting from negligent injury to his wife. SDC 14.0207. 2. Husband and […]

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STATE v. BOETTCHER, 443 N.W.2d 1 (1989)

STATE of South Dakota, Plaintiff and Appellee, v. Kathy BOETTCHER, Defendant and Appellant. No. 16385.Supreme Court of South Dakota.Considered on Briefs March 24, 1989. Decided June 28, 1989. Appeal from the Circuit Court, Third Judicial Circuit, Codington County, Jon Erickson, J. Diane Patrick, Asst. Atty. Gen., on the brief, Roger A. Tellinghuisen, Atty. Gen., Pierre, […]

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