STATE of South Dakota, Plaintiff and Appellant, v. Wayne H. RICE, Defendant and Appellee. No. 13735.Supreme Court of South Dakota.Argued October 14, 1982. Decided December 15, 1982. Appeal from the Circuit Court, Fourth Judicial Circuit, Moody County, Thomas L. Anderst, J. Page 129 Mark Smith, Asst. Atty. Gen., Pierre, for plaintiff and appellant; Mark V. […]
Category: South Dakota Supreme Court Opinions
SPISKA ENGINEERING, INC. v. SPM THERMO-SHIELD, INC., 2004 SD 44
678 N.W.2d 804 SPISKA ENGINEERING, INC., Plaintiff and Appellant, v. SPM THERMO-SHIELD, INC., Defendant and Appellee. No. 22554Supreme Court of South Dakota.Argued On February 17, 2004. Opinion Filed April 7, 2004. Appeal from the Circuit Court of the Seventh Judicial Circuit, Pennington County, South Page 805 Dakota, Honorable Merton B. Tice, Judge. MICHAEL L. LOOS […]
KRAFT v. KOLBERG MFG. CO., 88 S.D. 140 (1974)
215 N.W.2d 844 KRAFT, Respondent v. KOLBERG MFG. CO., et al., Appellants File No. 11249.Supreme Court of South Dakota. Opinion filed March 19, 1974 Order denying petition for rehearing April 19, 1974 Appeal from the Circuit Court of Yankton County; Hon. C.C. Puckett, Judge. Page 141 Woods, Fuller, Shultz Smith, and Timothy J. Nimick, Sioux […]
McKIVER v. HAMM BREWING CO., 67 S.D. 613 (1941)
297 N.W. 445 McKIVER, Respondent, v. THEO. HAMM BREWING CO., et al, Appellants File No. 8396.Supreme Court of South Dakota.Opinion filed April 16, 1941. Rehearing Denied May 27, 1941. 1. Automobiles. The statute requiring motorist to come to a full stop before entering through highway was intended to enable driver entering from an intersecting highway […]
MALSAM v. BERGH AGENCY, 78 S.D. 363 (1959)
102 N.W.2d 832 MALSAM, Respondent v. BERGH AGENCY, Appellant File No. 9832.Supreme Court of South Dakota. Opinion filed April 30, 1959 Page 364 Appeal from the municipal court of the City of Aberdeen; Hon. George W. Crane, Judge. Action for recovery of sum which plaintiff contended he had paid defendant to be applied to purchase […]
STATE v. SCHULZ, 409 N.W.2d 655 (1987)
STATE of South Dakota, Plaintiff and Appellee, v. Steven SCHULZ, Defendant and Appellant. No. 15273.Supreme Court of South Dakota.Considered on Briefs January 15, 1987. Decided July 15, 1987. Appeal from the Circuit Court, Eighth Judicial Circuit, Butte County, Robert L. Tschetter, J. Richard D. Coit, Asst. Atty. Gen., Pierre, for plaintiff and appellee; and Mark […]
SOUTH DAKOTA INJ. FUND v. CAS. RECIP. EX., 1999 SD 2
589 N.W.2d 206 SOUTH DAKOTA SUBSEQUENT INJURY FUND, Appellant, v. CASUALTY RECIPROCAL EXCHANGE and Dakota Truck Underwriters, Appellees. Supreme Court of South Dakota.Considered on Briefs December 3, 1998. Opinion Filed January 6, 1999. Appeal from the Sixth Judicial Circuit, Hughes County, SD Hon. Steven L. Zinter, Judge, #20531 — Affirmed. Page 207 Mark Barnett, Attorney […]
STATE v. SULLIVAN, 2003 SD 147
673 N.W.2d 288 STATE OF SOUTH DAKOTA, Plaintiff and Appellee, v. DEBRA F. SULLIVAN, Defendant and Appellant. No. 22840Supreme Court of South Dakota.Considered on Briefs on November 17, 2003 Opinion Filed December 17, 2003 Appeal From The Circuit Court Of The Seventh Judicial Circuit, Pennington County, South Dakota, Honorable Jeff W. Davis, Judge. Page 289 […]
REHUREK v. RAPID CITY, 65 S.D. 542 (1937)
275 N.W. 859 REHUREK, Appellant, v. RAPID CITY, et al, Respondents. File No. 8130.Supreme Court of South Dakota. Opinion filed November 10, 1937. 1. Municipal Corporations. Under statutes governing establishment and maintenance of municipal airports, municipalities may issue bonds to improve, equip, and maintain airports, as well as to purchase sites therefor, notwithstanding provision merely […]
KLING v. STERN, 2007 SD 51
733 N.W.2d 615 Kim KLING and Chris Kling, Plaintiffs and Appellants v. Judith K. STERN, individually, Judith K. Stern, trustee for the Judith K. Stern Amended and Restated Revocable Trust, Defendants and Appellees, and Judith K. Stern, trustee for the Judith K.Stern Amended and Restated Revocable Trust, Third Party Plaintiff and Appellee, v. Roger A. […]
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 […]
KNECHT v. KNECHT, 764 N.W.2d 507 (S.D. 2009)
Knecht v. Knecht. No. 24965.Supreme Court of South Dakota. February 23, 2009. Abstracts of Summary Dispositions Affirmed (JB).
STANTON v. UNITED PARCEL SERV., 778 N.W.2d 627 (S.D. 2009)
Stanton v. United Parcel Service. Nos. 24891, 24941.Supreme Court of South Dakota. February 23, 2009. Abstracts of Summary Dispositions Affirmed (TLT).
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’ […]
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 […]
STATE v. BRADLEY, 703 N.W.2d 672 (S.D. 2003)
STATE v. BRADLEY. No. 22674.Supreme Court of South Dakota. November 24, 2003. Abstract of summary disposition Affirmed (JRE).
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, […]
IN RE MESSERSCHMIDT’S ESTATE, 76 S.D. 103 (1955)
73 N.W.2d 123 IN RE MESSERSCHMIDT’S ESTATE STATE et al., Appellants v. MESSERSCHMIDT, Respondent File No. 9533.Supreme Court of South Dakota. Opinion filed November 22, 1955. Appeal from Circuit Court, Brookings County; Hon. W.W. Knight, Judge. Suit by State against executor of estate of deceased to recover inheritance taxes on the full value of United […]
STATE v. REDDEST, 789 N.W.2d 733 (S.D. 2010)
State v. Reddest. No. 25484.Supreme Court of South Dakota. June 1, 2010. Abstracts of Summary Dispositions Affirmed (ALR)
OLLERICH v. ROTERING, 419 N.W.2d 548 (1988)
Michael OLLERICH and Sheila Ollerich, as Guardians of the Person and Estate of Ryan M. Ollerich, a minor child, and Michael Ollerich and Sheila Ollerich, Individually, Plaintiffs, v. Robert ROTERING and Emergency Medical Physicians, P.C., Defendants/Appellants, v. Clara JOHNSON and McKennan Hospital, Defendants/Appellees. No. 15767.Supreme Court of South Dakota.Argued November 16, 1987. Decided February 10, […]
BERVEN v. BD. OF REGENTS OF ED., ET AL., 86 S.D. 741 (1972)
201 N.W.2d 218 BERVEN, Plaintiff v. BOARD OF REGENTS OF EDUCATION et al., Defendants File No. 11062.Supreme Court of South Dakota. Opinion filed October 10, 1972 Original action in the Supreme Court. Plaintiff petitioned the Supreme Court to prohibit defendants from refunding and consolidating into one bond issue six previous bond issues. Denied. Loucks, Oviatt, […]
SIMMONS v. LEIGHTON, 60 S.D. 524 (1932)
244 N.W. 883 SIMMONS, Respondent, v. LEIGHTON, Appellant. File No. 7070.Supreme Court of South Dakota. Opinion filed November 1, 1932. 1. Trial. In action arising out of automobile accident, permitting questions to prospective jurors whether they were interested in insurance company handling liability insurance held not error. 2. Damages. “Special damages” as distinguished from general […]
STATE v. WADE, 83 S.D. 337 (1968)
159 N.W.2d 396 STATE, Respondent v. WADE, Appellant File No. 10403.Supreme Court of South Dakota. Opinion filed June 12, 1968 Page 338 Appeal from Circuit Court, Pennington County; Hon. Leslie R. Hersrud, Judge. Page 339 William F. Brady, Rapid City, on the brief, William M. Rensch, Rapid City, for defendant and appellant. Frank L. Farrar, […]
STATE v. PHIPPS, 406 N.W.2d 146 (1987)
STATE of South Dakota, Plaintiff and Appellee, v. Richard Duane PHIPPS, Defendant and Appellant. No. 15349.Supreme Court of South Dakota.Argued March 25, 1987. Decided May 20, 1987. Appeal from the Circuit Court, Fourth Judicial Circuit, Davison County, Thomas L. Anderst, J. Page 147 Thomas H. Harmon, Asst. Atty. Gen., Pierre, for plaintiff and appellee; Roger […]
EQUITABLE LIFE ASS. SOC. v. PENDAR, 65 S.D. 129 (1937)
272 N.W. 176 THE EQUITABLE LIFE ASSURANCE SOCIETY OF THE U.S., Appellant, v. PENDAR, et al, Respondents. File No. 8004.Supreme Court of South Dakota. Opinion filed March 19, 1937. Appeal and Error. Question presented on appeal from order extending period of redemption held moot when order expired by its own terms after issue had been […]
VOELLER v. GEISLER, 77 S.D. 96 (1957)
86 N.W.2d 395 VOELLER, Appellant v. GEISLER et al., Respondents File No. 9670.Supreme Court of South Dakota. Opinion filed December 2, 1957 Page 97 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 98 Appeal from Circuit Court, Brown County; Hon. Frank S. […]
BENSON v. GOBLE, 1999 SD 38
593 N.W.2d 402 JIMMY RAY BENSON, Plaintiff and Appellant, v. JAMES GOBLE, and Full Circle Investment, Smith Equipment Manufacturing Company, L.L.C., a Corporation, and Tescom Corporation, d/b/a Smith Equipment, Defendant and Appellee. Supreme Court of South Dakota.Argued October 19, 1998; Opinion Filed March 31, 1999. Appeal from the Third Judicial Circuit, Codington County, SD, Hon. […]
STATE v. GERDES, 252 N.W.2d 335 (1977)
STATE of South Dakota, Plaintiff and Respondent, v. Reid GERDES, Defendant and Appellant. No. 11899.Supreme Court of South Dakota.Argued January 12, 1977. Decided April 15, 1977. Rehearing Denied May 18, 1977. Appeal from the Circuit Court of the Second Judicial Circuit, Minnehaha County, Wayne W. Christensen, J. John P. Guhin, Asst. Atty. Gen., for plaintiff […]
IN RE JLT, 759 N.W.2d 132 (S.D. 2008)
In re JLT. No. 24882.Supreme Court of South Dakota. November 13, 2008. Affirmed (JMK).
STATE v. EAGLE STAR, 1996 SD 143
558 N.W.2d 70 STATE of South Dakota, Plaintiff and Appellee, v. Thomas W. EAGLE STAR, Defendant and Appellant. No. 19439.Supreme Court of South Dakota.Argued October 21, 1996. Decided December 18, 1996. Appeal from the Sixth Judicial Circuit Court, Gregory County, Kathleen F. Trandahl, J. Page 71 Mark Barnett, Attorney General, Grant Gormley and Jennifer K. […]
STATE v. HERDING, 744 N.W.2d 77 (S.D. 2007)
State v. Herding. No. 24344.Supreme Court of South Dakota. October 9, 2007. Abstracts of Summary dispositions Affirmed (DRG).
MATTERS v. CUSTER COUNTY, 538 N.W.2d 533 (1995)
Justin MATTERS and Mark Matters, Petitioners and Appellants, v. CUSTER COUNTY, a Political Subdivision of South Dakota, and Custer County Commissioners: Jack Lintz, Dan Dooley, and Oakley Hoy, in Their Official Capacity, Appellees. No. 19024.Supreme Court of South Dakota.Considered on Briefs May 23, 1995. Reassigned August 17, 1995. Decided October 11, 1995. Appeal from the […]
STATE v. FOOL BULL, 2008 SD 11
745 N.W.2d 380 STATE of South Dakota, Plaintiff and Appellee, v. Adrian FOOL BULL, Defendant and Appellant. No. 24281.Supreme Court of South Dakota.Considered on Briefs November 6, 2007. Decided February 6, 2008. Appeal from the Circuit Court, Second Judicial Circuit, Minnehaha County, Peter H. Lieberman, J. Page 381 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES […]
ALBORN v. ARMS, 74 S.D. 277 (1952)
52 N.W.2d 101 ALBORN, Appellant, v. ARMS et al., Respondents File No. 9236.Supreme Court of South Dakota. Opinion filed February 18, 1952. Page 278 Appeal from Circuit Court of Brookings County; Hon. W.W. Knight, Judge. Page 279 Bailey, Voorhees, Woods Fuller and F.M. Smith, all of Sioux Falls, for Plaintiff and Appellant. Carl W. Miller, […]
BROWN COUNTY v. EASTON, 62 S.D. 18 (1933)
250 N.W. 668 BROWN COUNTY, a Public Corporation, Respondent, v. EASTON, Appellant. File No. 7512.Supreme Court of South Dakota. Opinion filed October 26, 1933. Appeal from Municipal Court of Aberdeen; HON. JNO. L. RUCKMAN, Judge. H.O. Hepperle, of Aberdeen, for Appellant. Frank L. Sieh, State’s Attorney, of Aberdeen, for Respondent. PER CURIAM. The questions presented […]
WEST CENTRAL EDUC. v. WEST CENTRAL SCHOOL DISTRICT, 2002 SD 163
655 N.W.2d 916 WEST CENTRAL EDUCATION ASSOCIATION, Petitioner and Appellee, v. WEST CENTRAL SCHOOL DISTRICT 49-4 and BOARD OF EDUCATION, Respondents and Appellants. No. 22394Supreme Court of South Dakota.Argued November 20, 2002. Opinion Filed December 23, 2002. Appeal From The Circuit Court Of The Second Judicial Circuit Minnehaha County, South Dakota. Honorable Richard Bogue William […]
STATE v. MULLIGAN, 2005 SD 50
696 N.W.2d 167 STATE of South Dakota, Plaintiff and Respondent, v. Nicole Marie MULLIGAN, Defendant and Petitioner. No. 23549.Supreme Court of South Dakota. Considered March 10, 2005. Decided April 20, 2005. Appeal from the Circuit Court of the Fifth Judicial Circuit, Walworth County, Larry H. Lovrien, J. Page 168 Mark W. McNeary, Walworth Co. Special […]
KIER v. KIER, 454 N.W.2d 544 (1990)
Charlotte KIER, Plaintiff and Appellee, v. Gordon Allen KIER, Defendant and Appellant. No. 16645.Supreme Court of South Dakota.Considered on Briefs November 29, 1989. Decided April 18, 1990. Appeal from the Circuit Court, Second Judicial Circuit, Minnehaha County, Gene Paul Kean, J. Page 545 Glenn A. Fingerson of Fingerson, Severson Nelson, Huron, for plaintiff and appellee. […]
NELSON v. STATE, 59 S.D. 410 (1932)
240 N.W. 345 NELSON, et al, Respondents, v. STATE, et al, Appellants. File No. 7014.Supreme Court of South Dakota. Opinion filed January 25, 1932. 1. Escheat. Statute relating to escheats was intended to apply without exception to all cases where property has escheated within ten years (Rev. Code 1919, § 3058, as amended by Laws […]
ABSTRACTS OF SUMMARY DISPOSITIONS, 352 N.W.2d 210 (1984)
Supreme Court of South Dakota. FISCAL YEAR 1984 (4th Quarter) ABSTRACTS OF SUMMARY DISPOSITIONS Pursuant to SDCL 15-26A-87.1(D), summary dispositions of appeals filed in the South Dakota Supreme Court may not be cited or relied upon as authority in any litigation in any court in South Dakota except when the decision establishes the law of […]
THURMAN v. ZANDSTRA CONST., 2010 SD 46
785 N.W.2d 268 Edward D. THURMAN, Claimant and Appellant, v. ZANDSTRA CONSTRUCTION, Employer and Appellee, and General Casualty, Insurer and Appellee. No. 25425.Supreme Court of South Dakota.Considered on Briefs April 26, 2010. Decided June 16, 2010. Appeal from the Circuit Court of the Seventh Judicial Circuit, Pennington County, Merton B. Tice, Jr., J. Page 269 […]
STATE v. HYATT, 703 N.W.2d 670 (S.D. 2003)
STATE v. HYATT. No. 22669.Supreme Court of South Dakota. September 2, 2003. Abstract of summary disposition Affirmed (JWA).
STATE v. MONETTE, 726 N.W.2d 245 (S.D. 2006)
State v. Monette. No. 24113.Supreme Court of South Dakota. December 5, 2006. Affirmed (TDT).
APPEAL OF HENDRICKSON’S HEALTH CARE, 462 N.W.2d 655 (1990)
In the Matter of the Appeal of HENDRICKSON’S HEALTH CARE SERVICE. No. 16994.Supreme Court of South Dakota.Considered on Briefs September 20, 1990. Decided November 14, 1990. Appeal from the Circuit Court, Second Judicial Circuit, Minnehaha County, Gene Paul Kean, J. Rory M. Barth of Lacey Barth, Sioux Falls, for appellant. Drew C. Johnson, Aberdeen, for […]
NELSON v. STATE BD. OF DENTISTRY, 464 N.W.2d 621 (1991)
Dr. Gayle V. NELSON, Appellee, v. SOUTH DAKOTA STATE BOARD OF DENTISTRY, Appellant. Nos. 16848, 16859.Supreme Court of South Dakota.Argued May 21, 1990. Decided January 2, 1991. Appeal from the Circuit Court of the Second Judicial Court, Minnehaha County, Robert A. Amundson, J. Page 622 Thomas J. Welk and Michael S. McKnight, Sioux Falls, for […]
LESLIE v. CITY OF BONESTEEL, 303 N.W.2d 117 (1981)
Anita LESLIE and Darwin Leslie, Plaintiffs and Appellants, v. CITY OF BONESTEEL, a Municipal Corporation, Defendant and Appellee. No. 13135.Supreme Court of South Dakota.Argued November 24, 1980. March 18, 1981. Rehearing Denied April 23, 1981. Appeal from the Sixth Judicial Circuit Court, Gregory County, Marvin S. Talbott, J. Page 118 J.M. Grossenburg of Day, Grossenburg […]
KOLB v. KOLB, 324 N.W.2d 279 (1982)
Karie L. KOLB, Plaintiff and Appellant, v. Myron A. KOLB, Defendant and Appellee. No. 13557.Supreme Court of South Dakota.Considered on Briefs April 26, 1982. Decided September 15, 1982. Appeal from the Circuit Court, Fifth Judicial District, Brown County, Philo Hall, J. Page 280 Thomas M. Tobin of Maynes, Tonner, Maynes Tobin, Aberdeen, for plaintiff and […]
CLARK COUNTY v. BERGSTRESSER, 63 S.D. 121 (1934)
257 N.W. 44 CLARK COUNTY, SOUTH DAKOTA, Respondent, v. BERGSTRESSER, et al, Appellants. File Nos. 7384 and 7392.Supreme Court of South Dakota. Opinion filed November 8, 1934. 1. Limitation of Actions. Statute of limitations bars remedy, but does not destroy right (Rev. Code 1919, §§ 2295, 2298). 2. Limitation of Actions. Action against county treasurer’s […]
MATTER OF FINAL DECISION FOR CARMEN WHITE, 339 N.W.2d 306 (1983)
In the Matter of the APPEAL FROM the FINAL DECISION OF the SOUTH DAKOTA DEPARTMENT OF LABOR, UNEMPLOYMENT INSURANCE DIVISION FOR CARMEN WHITE, APPEAL NO. C-3046. No. 14076.Supreme Court of South Dakota.Considered on Briefs September 14, 1983. Decided October 19, 1983. Appeal from the Circuit Court, Sixth Judicial Circuit, Hughes County, Robert A. Miller, J. […]
TIDBALL v. HETRICK, 363 N.W.2d 414 (1985)
Keith A. TIDBALL, d/b/a Tidball Law Firm, Plaintiff and Appellee, v. LaVon W. HETRICK; Pierre Hetrick; and Tana Hetrick Hooten, Defendants and Appellants, and Farmers State Bank of Winner, Trust Department, Defendant. No. 14525.Supreme Court of South Dakota.Considered on Briefs January 8, 1985. Decided February 27, 1985. Appeal from the Circuit Court, Sixth Judicial Circuit, […]
SWENSON v. SANBORN COUNTY FARMERS UN. OIL CO., 1999 SD 39
594 N.W.2d 339 DOUG SWENSON and DAN SWENSON, Plaintiffs and Appellants, v. SANBORN COUNTY FARMERS UNION OIL COMPANY, a South Dakota Corporation, and Cenex/Land O’Lakes Agronomy Company, a Minnesota Corporation, Defendants and Appellees, v. Miles, Inc., an Indian Corporation, f/k/a Mobay, Corp., Third-Party Defendants. Supreme Court of South Dakota.Considered on Briefs January 12, 1999; Opinion […]
STATE v. CORDER, 460 N.W.2d 733 (1990)
STATE of South Dakota, Plaintiff and Appellee, v. Ronald Ray CORDER, Defendant and Appellant. No. 16704.Supreme Court of South Dakota.Argued May 21, 1990. Decided September 5, 1990. Appeal from the Circuit Court, First Judicial Circuit, Clay County, E.W. Hertz, J. Page 734 Frank E. Geaghan, Asst. Atty. Gen., Pierre, for plaintiff and appellee; Roger A. […]
STATE v. QUINN, 69 S.D. 574 (1944)
13 N.W.2d 50 STATE, Respondent, v. QUINN, Appellant File No. 8622.Supreme Court of South Dakota. Opinion filed February 11, 1944. 1. Criminal Law. Evidence that accomplice talked to defendant a short time before commission of an offense, was insufficient to connect defendant with the offense as required by statute relating to corroboration of accomplice’s testimony. […]
DUSSART v. DUSSART, 1996 SD 41
546 N.W.2d 109 Stacy DUSSART, Plaintiff and Appellant, v. Michael R. DUSSART, Defendant and Appellee. No. 19010.Supreme Court of South Dakota.Considered on Briefs September 15, 1995. Decided April 17, 1996. Page 110 Appeal from the Circuit Court of the Seventh Judicial Circuit, Pennington County, the Honorable Jeff W. Davis Judge. Lelia L. Hood of Wurm […]
STATE v. BARRY, 703 N.W.2d 172 (S.D. 2002)
STATE v. BARRY. No. 21868.Supreme Court of South Dakota. January 15, 2002. Affirmed (TDT).
STATE v. COOK, 319 N.W.2d 809 (1982)
STATE of South Dakota, Plaintiff and Appellee, v. Alvy F. COOK, Defendant and Appellant. No. 13525.Supreme Court of South Dakota.Argued March 24, 1982. Decided May 19, 1982. Appeal from the Circuit Court, First Judicial Circuit, Yankton County, Jay H. Tapken, J. Page 810 Jeffrey P. Hallem, Asst. Atty. Gen., Pierre, for plaintiff and appellee; Mark […]
DEHAVEN v. HALL, 2008 SD 57
753 N.W.2d 429 James and Carol DeHAVEN, Plaintiffs and Appellants, v. Don and Sherrie HALL, Defendants and Appellees Nos. 24261, 24271.Supreme Court of South Dakota.Considered on Briefs May 21, 2007. Decided July 2, 2008. Appeal from the Circuit Court, Seventh Judicial Circuit, Custer County, Merton B. Tice, Jr., J. Page 430 [EDITORS’ NOTE: THIS PAGE […]
SPRANG v. ALTMAN, 2009 SD 49
768 N.W.2d 507 M. Scott SPRANG and Christina R. Sprang, Plaintiffs and Appellees, v. Doug ALTMAN, Defendant and Appellant. No. 24969.Supreme Court of South Dakota.Considered on Briefs April 27, 2009. Decided June 24, 2009. Appeal from the First Judicial Circuit Court, Davison County, Sean M. O’Brien, J. Page 508 Jody Odegaard Smith of Morgan, Theeler, […]
FLAHERTY v. BANK OF KIMBALL, 75 S.D. 468 (1955)
68 N.W.2d 105 FLAHERTY BROS., Respondents v. BANK OF KIMBALL, Appellant File No. 9400.Supreme Court of South Dakota. Opinion filed January 19, 1955. 1. Banks and Banking. Relationship between depositor and bank is, in absence of special arrangement, that of creditor and debtor. 2. Banks and Banking. Duty of bank to its depositors rests upon […]
SANDER v. GEIB, ELSTON, FROST PROFESSIONAL ASSOC., 506 N.W.2d 107 (1993)
Timothy J. SANDER and Rebecca Lee Holloway, Co-Executors of the Estate of Kimberlee J. Sander, Deceased, Plaintiffs and Appellants, v. The GEIB, ELSTON, FROST PROFESSIONAL ASSOCIATION d/b/a Clinical Laboratory of the Black Hills; J.A. Rud, M.D., Defendants and Appellants. Nos. 17763, 17769, 17803, 17804, 17811, 17818.Supreme Court of South Dakota.Argued January 12, 1993. Decided September […]
BAATZ v. ARROW BAR, 452 N.W.2d 138 (1990)
Kenny BAATZ and Peggy Baatz, Plaintiffs and Appellants, v. ARROW BAR a/k/a Arrow Bar, Inc., Edmond E. Neuroth, LaVella J. Neuroth, and Jacquette J. Neuroth, Defendants and Appellees. No. 16597.Supreme Court of South Dakota.Considered on Briefs November 29, 1989. Decided February 28, 1990. Rehearing Denied April 16, 1990. Appeal from the Circuit Court, Second Judicial […]
RIVERVIEW PROP. v. BD. OF EQUALIZATION, 439 N.W.2d 820 (1989)
In the Matter of the Tax Assessment and Valuation of the Property of Riverview Properties, Ltd., d/b/a Yankton Inn, f/d/b/a Sheraton Yankton, Located in Yankton, Yankton County, South Dakota. (1985, 1986 and 1987 Assessments). RIVERVIEW PROPERTIES, LTD., d/b/a Yankton Inn, Appellant, v. SOUTH DAKOTA STATE BOARD OF EQUALIZATION, Appellee. RIVERVIEW PROPERTIES, LTD., d/b/a Yankton Inn, […]
STATE v. ROBINETTE, 270 N.W.2d 573 (1978)
STATE of South Dakota, Plaintiff and Respondent, v. William Anthony ROBINETTE, Defendant and Appellant. No. 12133.Supreme Court of South Dakota. October 12, 1978. Appeal from the Fourth Judicial Circuit Court, Lake County, Thomas L. Anderst, J. Page 574 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY […]
MATHIS IMPLEMENT CO. v. HEATH, 2003 SD 72
665 N.W.2d 90 MATHIS IMPLEMENT COMPANY, Plaintiff and Appellee, v. JAMES ERIC HEATH and REBEKAH L. HEATH, Defendants and Appellants. No. 22571Supreme Court of South Dakota.Considered On Briefs On March 24, 2003. Opinion Filed June 11, 2003. Appeal From The Circuit Court Of The Sixth Judicial Circuit Tripp County, South Dakota, Honorable Lori S. Wilbur […]
STATE v. KNODELL, 699 N.W.2d 53 (S.D. 2005)
State v. Knodell. No. 23471.Supreme Court of South Dakota. May 31, 2005. Summary disposition. Affirmed (LSW).
DAVISON COUNTY v. McCOOK COUNTY, 74 S.D. 588 (1953)
57 N.W.2d 43 DAVISON COUNTY, Respondent, v. McCOOK COUNTY, Appellant File No. 9291.Supreme Court of South Dakota. Opinion filed February 14, 1953. Page 589 Appeal from Circuit Court, McCook County; Hon. George A. Rice, Judge. Judgment reversed. R.M. Sheild, State’s Atty., McCook County, Salem, for Defendant and Appellant. C.J. Kelly, State’s Atty., Davison County, Mitchell, […]
BRECKWEG v. KNOCHENMUS MAY, 81 S.D. 244 (1965)
133 N.W.2d 860 BRECKWEG et al., Plaintiffs and Respondents v. KNOCHENMUS et al., Defendants and Appellants, and MAY et al., Intervenors and Appellants File No. 10166.Supreme Court of South Dakota. Opinion filed March 16, 1965 Page 245 1. Mandamus. In review of mandamus order compelling township board of supervisors to issue building permit for gasoline […]
REYNOLDS v. DOUGLAS SCHOOL DIST. # 51-1, 2004 SD 129
690 N.W.2d 655 Robert REYNOLDS, Petitioner and Appellant, v. DOUGLAS SCHOOL DISTRICT # 51-1 and Douglas Board of Education, Respondents and Appellees. No. 23042.Supreme Court of South Dakota. Considered on Briefs August 23, 2004. Decided December 15, 2004. Appeal from the Circuit Court, Seventh Judicial Circuit, Pennington County, Thomas L. Trimble, J. Anne Plooster, South […]
STATE v. WALTON, 711 N.W.2d 265 (S.D. 2004)
STATE v. WALTON. No. 23045.Supreme Court of South Dakota. August 30, 2004. Affirmed (GPK).
SWANSON v. BALL, 67 S.D. 196 (1940)
291 N.W. 577 SWANSON, Respondent, v. BALL, et al, Appellants File No. 8312.Supreme Court of South Dakota.Opinion filed April 17, 1940. Rehearing Denied May 28, 1940. 1. Intoxicating Liquors. The statutory bond of a liquor dealer, which provided that dealer should obey the laws relating to his business, and which indemnified state on dealer’s failure […]
O’NEILL v. SOUTH DAKOTA BD., 377 N.W.2d 587 (1985)
In the Matter of the Grievance Of Charles O’NEILL Appellee, v. SOUTH DAKOTA BOARD OF CHARITIES AND CORRECTIONS, Appellant. Nos. 14950, 14951.Supreme Court of South Dakota.Argued October 23, 1985. Decided December 4, 1985. Rehearing Denied January 2, 1986. Appeal from the Circuit Court, Second Judicial Circuit, Minnehaha County. N. Dean Nasser, Jr., of N. Dean […]
GRAY CONSTRUCTION CO. v. FANTLE, 62 S.D. 345 (1934)
253 N.W. 464 GRAY CONSTRUCTION CO., Respondent, v. FANTLE, et al, Appellants. File No. 7189.Supreme Court of South Dakota. Opinion filed February 23, 1934. 1. Corporations. Statute declaring stockholders personally liable for corporation’s debts in amount unpaid on their stock does not authorize recovery from them on mere allegation and proof that plaintiff is creditor […]
STATE v. EAGLEMAN, 779 N.W.2d 167 (S.D. 2010)
State v. Eagleman. No. 25195.Supreme Court of South Dakota. November 23, 2009. Abstracts of Summary Dispositions Fiscal Year 2010, Affirmed (TLT).
SMITH EX REL v. LAGOW CONST., 2002 SD 37
642 N.W.2d 187 SHERRY K. SMITH, as personal representative of Mary K. Ross and as guardian of Kristian K. Ross, Plaintiff and Appellant, v. LAGOW CONSTRUCTION DEVELOPING COMPANY and LLOYD PROPERTY MANAGEMENT COMPANY, Defendants and Appellees. No. 21530Supreme Court of South Dakota.Argued January 10, 2001. Reassigned August 10, 2001. Reassigned November 9, 2001. Opinion Filed […]
CATRON LAND CO. v. KANE, 304 N.W.2d 123 (1981)
CATRON LAND COMPANY, Plaintiff and Appellee, v. George KANE, Commissioner of School and Public Lands of the State of South Dakota, Defendant and Appellant. No. 13248.Supreme Court of South Dakota.Argued February 17, 1981. Decided April 8, 1981. Appeal from the Circuit Court, eighth Judicial Circuit, Harding County, Scott C. Moses, J. Donn Bennett of Mueller […]