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. […]
Category: South Dakota Supreme Court Opinions
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. […]
STATE v. LAWRENCE, 711 N.W.2d 265 (S.D. 2004)
STATE v. LAWRENCE. No. 22942.Supreme Court of South Dakota. August 30, 2004. Affirmed in pt Reversed (BLM).
STATE v. MOELLER, 2000 SD 122
616 N.W.2d 424 STATE OF SOUTH DAKOTA, Plaintiff and Appellee, v. DONALD EUGENE MOELLER, Defendant and Appellant. No. 20127, 20154Supreme Court of South Dakota.Argued October 21, 1999. Opinion Filed August 30, 2000. Corrected September 1, 2000. Appeal from the Second Judicial Circuit, Lincoln County, SD (Formerly a Part of the First Judicial Circuit) Hon. Arthur […]
STATE v. BESHARA, 65 S.D. 445 (1937)
274 N.W. 836 STATE, Respondent, v. BESHARA, Appellant. File No. 8005.Supreme Court of South Dakota. Opinion filed September 1, 1937. 1. Automobiles. That automobile strikes and passes over pedestrian does not necessarily mean that the driver is guilty of violation of reckless driving statute (Laws 1929, c. 251, § 3). 2. Criminal Law. A jury’s […]
CARROLL v. SOLEM, 424 N.W.2d 155 (1988)
Rodney Dean CARROLL, Petitioner, v. Herman SOLEM, Warden, South Dakota State Penitentiary, and Lynne De Lano, Warden of the Springfield Correctional Facility, Respondents. No. 15859.Supreme Court of South Dakota.Considered on Briefs November 20, 1987. Decided June 1, 1988. Page 156 Appeal from the Circuit Court, Second Judicial Circuit, Minnehaha County, Gene Paul Kean, J. Richard […]
STATE EX REL. ALLEN v. RADACK, 246 N.W.2d 661 (1976)
STATE of South Dakota upon relation of T.L. ALLEN, Petitioner and Respondent, v. Darrel RADACK, Superintendent, Human Services Center, Yankton, South Dakota, Defendant and Appellant. No. 11800.Supreme Court of South Dakota. November 12, 1976. Appeal from the First Judicial Circuit, Yankton County, Donald Erickson, J. Laurence J. Zastrow and Ronald E. Brodowicz, Rapid City, for […]
DOUGHERTY v. BECKMAN, 347 N.W.2d 587 (1984)
Richard E. DOUGHERTY, Plaintiff and Appellee, v. Patrick J. BECKMAN and Henry Carlson, d/b/a B C Partnership, Defendants and Appellants. Nos. 14018, 14026.Supreme Court of South Dakota.Considered on Briefs October 28, 1983. Decided April 25, 1984. Rehearing Denied June 4, 1984. Appeal from the Circuit Court, Minnehaha County, Second Judicial Circuit, Robert C. Heege, J. […]
CRILLY v. MORRIS, 70 S.D. 153 (1944)
15 N.W.2d 742 CRILLY, et al., (REID, Intervener), Appellant v. MORRIS, et al., Respondents File No. 8727.Supreme Court of South Dakota. Opinion filed September 12, 1944. 1. Equity. Generally, it is not permissible by supplemental pleading to introduce a new or independent cause of action except such as grows out of or is germane to […]
WALKER v. STATE, DEPT. OF TRANSP., ETC., 259 N.W.2d 303 (1977)
John R. WALKER, Grievant and Appellant, v. STATE of South Dakota, DEPARTMENT OF TRANSPORTATION, DIVISION OF HIGHWAYS, Employer and Cross-Appellant. Nos. 12058, 12061.Supreme Court of South Dakota.Argued September 16, 1977. Decided November 9, 1977. Rehearing Denied December 15, 1977. Appeal from the Circuit Court, Sixth Judicial Circuit, Hughes County, Robert A. Miller, J. Ronald D. […]
WEHRKAMP v. WEHRKAMP, 357 N.W.2d 264 (1984)
Audrey R. WEHRKAMP, Plaintiff and Appellant, v. Scott R. WEHRKAMP, Defendant and Appellee. No. 14325.Supreme Court of South Dakota.Considered on Briefs March 23, 1984. Decided October 3, 1984. Appeal from the Second Judicial Circuit Court, Minnehaha County, Robert C. Heege, J. Page 265 Keith R. Smit of Morman, Smit, Shepard, Hughes Wolsky, Sturgis, for plaintiff […]
WYATT v. KUNDERT, 375 N.W.2d 186 (1985)
Harold WYATT, Chem Nuclear Systems, Inc., Plaintiffs and Appellants, v. Alice KUNDERT, Secretary of State for the State of South Dakota; State of South Dakota, By and Through its Attorney General, the Honorable Mark V. Meierhenry, Defendants and Appellees, and Nuclear Waste Coalition, Inc., Intervenor and Appellee. Nos. 15087, 15090 and 15095.Supreme Court of South […]
MATTER OF PETITION OF TRYGSTAD, 447 N.W.2d 360 (1989)
In the Matter of the Petition for Reinstatement of David J. TRYGSTAD to the Practice of Law. No. 16324.Supreme Court of South Dakota.Argued April 11, 1989. Decided October 25, 1989. Lee M. McCahren, Vermillion, for petitioner. R. James Zieser, Tyndall, for Disciplinary Bd. of the State Bar of South Dakota. ON REHEARING TSCHETTER, Circuit Judge. […]
HEIKKILA v. CARVER, 416 N.W.2d 593 (1987)
Howard HEIKKILA, a/k/a Howard L. Heikkila, and Reino Heikkila, a/k/a Reino W. Heikkila, Plaintiffs/Appellees, v. Russell CARVER and Norma Carver, Defendants/Appellants. No. 15726.Supreme Court of South Dakota.Argued October 6, 1987. Decided December 16, 1987. Appeal from the Circuit Court, Eighth Judicial Circuit, Harding County, Warren G. Johnson, J. Page 594 Max Main of Bennett and […]
LARSEN v. STATE, 90 S.D. 146 (1976)
238 N.W.2d 684 LARSEN et ux, Appellants v. STATE, Respondent File No. 11641.Supreme Court of South Dakota. Opinion filed February 13, 1976 Page 147 Appeal from the Circuit Court of Tripp County; Hon. John B. Jones, Judge. Affirmed. John J. Simpson, Winner, for plaintiffs and appellants. William J. Janklow, Atty. Gen., Carl W. Quist and […]
STATE v. BRACHT, 1997 SD 136
573 N.W.2d 176 STATE of South Dakota, Plaintiff and Appellee, v. Jaison E. BRACHT, Defendant and Appellant. No. 20149.Supreme Court of South Dakota.Considered on Briefs October 23, 1997. Decided December 17, 1997. Appeal from the Circuit Court, Third Judicial Circuit, Grant County, Robert L. Timm, J. Page 177 Mark Barnett, Attorney General, Timothy Bartlett, Assistant […]
STATE BY AND THROUGH DSS v. SERR, 506 N.W.2d 421 (1993)
STATE of South Dakota, By and Through the DEPARTMENT OF SOCIAL SERVICES, ex rel. Gail A. DOTSON, in her own behalf and on behalf of J.D., a minor child, Plaintiff and Appellee, v. Meryl D. SERR, Defendant and Appellant. No. 18058.Supreme Court of South Dakota.Considered on Briefs on March 18, 1993. Reassigned June 8, 1993. […]
IN RE ST, 703 N.W.2d 173 (S.D. 2002)
IN RE ST. No. 22151.Supreme Court of South Dakota. April 5, 2002. Affirmed (TDT).
GUNN v. GUNN, 505 N.W.2d 772 (1993)
Michael L. GUNN, Plaintiff and Appellant, v. Lore E. GUNN, Defendant and Appellee. No. 17953.Supreme Court of South Dakota.Considered on Briefs May 26, 1993. Decided September 8, 1993. Rehearing Denied October 15, 1993. Appeal from the Circuit Court, Second Judicial Circuit, Minnehaha County, William J. Srstka, Jr. Page 773 Cecelia A. Grunewaldt, Sioux Falls, for […]
FRIESSEN CONST. CO., INC. v. ERICKSON, 90 S.D. 60 (1976)
238 N.W.2d 278 FRIESSEN CONST. CO., INC., et al., Respondents v. ERICKSON, et. al., Appellants File No. 11647.Supreme Court of South Dakota. Opinion filed January 15, 1976 Page 61 Appeal from the Circuit Court of Minnehaha County; Hon. John L. Wilds, Judge. Reversed and remanded. Gale E. Fisher of May, Johnson Burke, Sioux Falls, for […]
STOTTS v. SWALLOW, 69 S.D. 558 (1944)
12 N.W.2d 808 STOTTS, Appellant, v. SWALLOW, et al, Respondents File No. 8539.Supreme Court of South Dakota. Opinion filed January 19, 1944. 1. Mortgages. A conveyance, though in form a deed intended by parties thereto to be security for payment of an indebtedness, is a “mortgage”, and the parties thereto have rights of mortgagor and […]
LUKE v. DEAL, 2005 SD 6
692 N.W.2d 165 Donna M. LUKE, As Personal Representative of The Estate of Michael Luke, Plaintiff and Appellant, v. Jon DEAL, Defendant and Appellee. Nos. 23169, 23184.Supreme Court of South Dakota.Argued November 15, 2004. Decided January 12, 2005. Appeal from the Circuit Court, First Judicial Circuit, Brule County, Lee D. Anderson, J. Page 166 George […]
WILCOX v. CITY OF WINNER, 446 N.W.2d 772 (1989)
Judy WILCOX, Executrix of the Estate of Garry Thomas Wilcox, Deceased, Employee and Claimant/Appellee, v. CITY OF WINNER, South Dakota, Employer, and St. Paul Fire and Marine Insurance Company, Insurer, Defendants/Appellants. No. 16466.Supreme Court of South Dakota.Argued April 25, 1989. Decided October 11, 1989. Rehearing Denied November 16, 1989. Appeal from the Circuit Court of […]
GARRETT v. BANKWEST, INC., 459 N.W.2d 833 (1990)
Glen GARRETT and Elizabeth Garrett, husband and wife; and Michael Garrett, Brad Garrett and Jeff Garrett, Plaintiffs and Appellants, v. BANKWEST, INC., a South Dakota corporation (formerly, BankWest, N.A.), and Jack Lynass, individually and as an officer of BankWest, Inc., Defendants and Appellees. No. 16691.Supreme Court of South Dakota.Argued January 8, 1990. Decided August 1, […]
SKOW v. STEELE, 74 S.D. 81 (1951)
49 N.W.2d 24 SKOW, Appellant, v. STEELE et al., Respondents File No. 9224.Supreme Court of South Dakota. Opinion filed August 7, 1951. Rehearing denied September 10, 1951. Appeal from Circuit Court, Clay County; Hon. C.C. Puckett, Judge. Affirmed. James T. Brick, Everett A. Bogue, Vermillion, for Defendants and Appellants. S. Norman Jaquith, Vermillion, Henry C. […]
HOBART v. FEREBEE, 722 N.W.2d 378 (S.D. 2006)
Hobart v. Ferebee. 23932.Supreme Court of South Dakota. September 05, 2006. Affirmed (APF).
IN RE APPLICATION OF BENTON, 2005 SD 2
691 N.W.2d 598 In the Matter of the Application of Katheryn BENTON. No. 23232.Supreme Court of South Dakota.Argued November 16, 2004. Decided January 5, 2005. Appeal from the Circuit Court, First Judicial Circuit, Brule County, Boyd L. McMurchie, J. Page 599 Mark W. Haigh and Mitchell Peterson of Davenport, Evans, Hurwitz Smith, L.L.P. Sioux Falls, […]
STATE v. HODGES, 2001 SD 93
631 N.W.2d 206 STATE OF SOUTH DAKOTA, Plaintiff and Appellant, v. CHRISTINA HODGES, Defendant and Appellee. No. 21730Supreme Court of South Dakota.Argued April 26, 2001. Opinion Filed July 18, 2001. Appeal From the Circuit Court of the First Judicial Circuit Union County, South Dakota, Honorable Lori S. Wilbur, Judge. Page 207 MARK BARNETT, Attorney General, […]
SCHAFFER v. EDWARD D. JONES CO., 1996 SD 94
552 N.W.2d 801 Edward SCHAFFER, Plaintiff and Appellee, v. EDWARD D. JONES CO., Defendant and Appellant. No. 19277.Supreme Court of South Dakota.Considered on Briefs April 24, 1996. Decided July 24, 1996. Appeal from the Circuit Court, Third Judicial Circuit, Hand County, Eugene L. Martin, J. Page 802 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE […]
KNOBE v. KNOBE, 795 N.W.2d 411 (S.D. 2011)
Knobe v. Knobe. No. 25543.Supreme Court of South Dakota. January 18, 2011. Abstracts of Summary Dispositions Affirmed (RJS).
TAYLOR OIL CO., INC. v. CONTEMPORARY INDUSTRIES, 305 N.W.2d 854 (1981)
TAYLOR OIL COMPANY, INC., Plaintiff and Appellant, v. CONTEMPORARY INDUSTRIES CORPORATION, d/b/a 7-Eleven Stores, Defendant and Appellee. No. 12925.Supreme Court of South Dakota.Argued September 9, 1980. Decided May 20, 1981. Appeal from the Circuit Court, Second Judicial Circuit, Minnehaha County, Wayne W. Christensen, J. Edwin E. Evans of Davenport, Evans, Hurwitz Smith, Sioux Falls, for […]
KATZ v. BD. OF MED. OSTEOPATHIC EXAM., 432 N.W.2d 274 (1988)
In the Matter of the Application of Harry M. KATZ, M.D., Appellant, v. SOUTH DAKOTA STATE BOARD OF MEDICAL AND OSTEOPATHIC EXAMINERS, Appellee. No. 16109.Supreme Court of South Dakota.Argued August 29, 1988. Decided November 30, 1988. Rehearing Denied January 5, 1989. Appeal from the Circuit Court of the Sixth Judicial Circuit, Hughes County, Steven L. […]
STATE v. McCLENDON, 64 S.D. 320 (1936)
266 N.W. 672 STATE, Respondent, v. Mc CLENDON, Appellant File No. 7828.Supreme Court of South Dakota. Opinion filed April 16, 1936. Criminal Law — Searches and Seizures. Search of defendant’s room made without warrant about 30 minutes after defendant had been arrested and imprisoned held not incident to arrest and illegal, precluding admission against defendant […]
WILDWOOD v. TAYLOR, 2003 SD 98
668 N.W.2d 296 WILDWOOD ASSOCIATION, a South Dakota not for profit corporation; John G. Spangler; John M. Weiss; Timothy L. Skinner and Donna L. Skinner; James A. Oswald and Helen I. Oswald; Daniel J. Finn, Jr. and Melinda Finn, Plaintiffs and Appellees, v. HARLEY F. TAYLOR, INC., a South Dakota corporation and RED ROCK DEVELOPMENT […]
SPERRY CORP v. SCHAEFFER, 394 N.W.2d 727 (1986)
SPERRY CORPORATION, SPERRY NEW HOLLAND DIVISION, A Corporation, Plaintiff and Appellee, v. Stanley SCHAEFFER, Defendant and Appellant. No. 15180.Supreme Court of South Dakota.Considered on Briefs May 22, 1986. Decided October 8, 1986. Appeal from the Circuit Court, First Judicial Circuit, Yankton County, Jay H. Tapken, J. Page 728 William D. Kunstle of Moore, Rasmussen, Kading […]
STATE v. DILLON, 2010 SD 72
788 N.W.2d 360 STATE of South Dakota, Plaintiff and Appellee, v. Farrell DILLON, Defendant and Appellant. No. 24986.Supreme Court of South Dakota.Argued May 25, 2010. Decided August 25, 2010. Appeal from the Seventh Judicial Circuit Court, Pennington County, Merton B. Tice, Jr., J. Page 361 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN […]
STATE v. FAST HORSE, 490 N.W.2d 496 (1992)
STATE of South Dakota, Plaintiff and Appellee, v. Lavern C. FAST HORSE, Defendant and Appellant. No. 17664.Supreme Court of South Dakota.Considered on Briefs May 29, 1992. Decided August 5, 1992. Appeal from the Seventh Judicial Circuit Court, Pennington County, Marshall P. Young, J. Page 497 Mark Barnett, Atty. Gen., Scott Bogue, Asst. Atty. Gen., Pierre, […]
WIPF v. WIPF, 273 N.W.2d 124 (1978)
LaVerna M. WIPF, Plaintiff and Appellant, v. LaVern R. WIPF, Defendant and Respondent. No. 12286.Supreme Court of South Dakota. December 28, 1978. Appeal from the Circuit Court, Second Judicial Circuit, Minnehaha County, John L. Wilds, J. Thomas J. Farrell and Gene E. Pruitt of Willy, Pruitt, Matthews Jorgensen, Sioux Falls, for plaintiff and appellant. Robert […]
RAMES v. NORBRATEN, 65 S.D. 269 (1937)
272 N.W. 826 RAMES, Appellant, v. NORBRATEN, Respondent. File No. 8027.Supreme Court of South Dakota. Opinion filed April 28, 1937. 1. Exemptions. Liberal construction of exemption laws cannot extend to violating the express terms of the statutes, compliance with which is essential to a proper foundation in applying to the courts for relief (Rev. Code […]
STATE v. JONES, 789 N.W.2d 320 (S.D. 2010)
State v. Jones. No. 25277.Supreme Court of South Dakota. January 19, 2010. Abstracts of Summary Dispositions Affirmed (Neiles)
BAKKER v. IRVINE, 519 N.W.2d 41 (1994)
Ronald J. BAKKER and Marlys A. Bakker, Plaintiffs and Appellees, v. Amy IRVINE, Defendant and Appellant. No. 18243.Supreme Court of South Dakota.Considered on Briefs on November 30, 1993. Decided June 29, 1994. Appeal from the Circuit Court of the Second Judicial Circuit, Minnehaha County, Judith K. Meierhenry, J. Page 42 Gary J. Pashby and Gregg […]
DRIER v. GREAT AMERICAN INS. CO., 409 N.W.2d 357 (1987)
Calvin DRIER d/b/a Rural Press, Plaintiff-Appellant and Cross-Appellee, v. GREAT AMERICAN INSURANCE COMPANY and GAB Business Services, Inc., Defendants-Appellees and Cross-Appellants. Nos. 15304, 15309.Supreme Court of South Dakota.Argued November 17, 1986. Decided July 1, 1987. Appeal from the Circuit Court of the First Judicial Circuit, Lincoln County, Riley W. Connelly, J. Gale Fisher of Fisher […]
WEAVER v. BAUER, 76 S.D. 401 (1956)
79 N.W.2d 361 WEAVER, Plaintiff-Respondent v. BAUER et al., Defendants-Appellants and BAUER et al., Defendants-Respondents File No. 9562.Supreme Court of South Dakota. Opinion filed November 13, 1956. Page 402 Appeal from Circuit Court; Mellette County; Hon. J.F. Frame, Judge. Action for dissolution of a farming venture and an accounting wherein defendant claims right to farm […]
DISSOLUTION OF MIDNIGHT STAR ENTERPRISES, 2006 SD 98
724 N.W.2d 334 In the Matter of the DISSOLUTION OF MIDNIGHT STAR ENTERPRISES, L.P., a South Dakota Limited Liability Partnership, by MIDNIGHT STAR ENTERPRISES, LTD., in its capacity as General Partner. No. 24091.Supreme Court of South Dakota.Argued October 3, 2006. Decided November 8, 2006. Appeal from the Circuit Court, Fourth Judicial Circuit, Lawrence County, Warren […]
PIPER v. HOLE, 70 S.D. 242 (1944)
16 N.W.2d 542 PIPER, Appellant, v. HOLE, Respondent File No. 8719.Supreme Court of South Dakota. Opinion filed December 9, 1944. 1. Fences. One who furnished all materials for and built fence approximately, if not precisely, on boundary line between two tracts of land in his possession as tenant and was not reimbursed for any part […]
SCHOENWALD v. FARMERS COOPERATIVE ASSOCIATION, 474 N.W.2d 519 (1991)
Allen R. SCHOENWALD, Administrator of the Estate of Keith Schoenwald and Fred Schoenwald, Plaintiffs and Appellants, v. FARMERS COOPERATIVE ASSOCIATION OF MARION; Baldor Electric Company; Roger Conger; and Conger Construction Co., Inc., Defendants, and Mills Mutual Insurance Group; Millers National Insurance Company, a member of said group; Grain Dealers Mutual Insurance Company, Defendants and Appellees. […]
STATE v. GAMAGE, 712 N.W.2d 32 (S.D. 2006)
STATE v. GAMAGE. No. 23577.Supreme Court of South Dakota. January 17, 2006. Affirmed (JWD).
JAMIESON v. GERTH, 61 S.D. 514 (1933)
249 N.W. 921 JAMIESON, Respondent, v. GERTH, Appellant. File No. 7419.Supreme Court of South Dakota. Opinion filed August 23, 1933. 1. Appeal and Error. Supreme Court, on appeal from judgment on verdict for plaintiff, must accept testimony of latter’s witnesses as correct. 2. Automobiles. Mere fact that one vehicle has right of way over another […]
HOLT v. SCHREINER, 64 S.D. 593 (1936)
269 N.W. 375 HOLT, Respondent, v. SCHREINER, Appellant. File No. 7933.Supreme Court of South Dakota. Opinion filed October 26, 1936. Appeal from Circuit Court, Dewey County; HON. FRANK GLADSTONE, Judge. P.M. Burns, of Timber Lake, for Appellant. Walter R. Menzel of Dupree, and George Thwing, of Timber Lake, for Respondent. PER CURIAM. Plaintiff instituted this […]
STATE v. KUIPERS, HARTFORD AC. IN., U.S., 86 S.D. 27 (1971)
190 N.W.2d 769 STATE For Use of FARMERS STATE BANK OF PARKSTON, Plaintiff v. KUIPERS CONST. CO., Defendant HARTFORD ACCIDENT INDEMNITY CO., Defendant Appellant and UNITED STATES, Intervenor and Respondent File No. 10756.Supreme Court of South Dakota. Opinion filed October 13, 1971 Appeal from circuit court of Minnehaha County; Hon. Francis G. Dunn, Judge. Woods, […]
MATTER OF DISCIPLINE OF THEODOSEN, 303 N.W.2d 104 (1981)
In the Matter of the DISCIPLINE OF John M. THEODOSEN, as an Attorney at Law. No. 13028.Supreme Court of South Dakota.Argued November 19, 1980. Decided March 11, 1981. Page 105 R. James Zieser, Tyndall, for the Disciplinary Board, South Dakota State Bar Association, for complainant. Ellsworth E. Evans, Davenport, Evans, Hurwitz Smith, Sioux Falls, for […]
IN RE LD, 757 N.W.2d 329 (S.D. 2008)
IN RE LD. No. 24714.Supreme Court of South Dakota. September 4, 2008. Abstracts of Summary Dispositions Affirmed (PCR).
ARMSTRONG v. TURNER COUNTY BD., 2009 SD 81
772 N.W.2d 643 ROSEMARY ARMSTRONG and ALPHIE PETERSEN, Plaintiffs and Appellants, v. TURNER COUNTY BOARD OF ADJUSTMENT, Defendant and Appellee, VIBORG COOPERATIVE ELEVATOR ASSOCIATION, Intervenor. No. 25008.Supreme Court of South Dakota.Argued on May 27, 2009. Opinion Filed August 26, 2009. Appeal From The Circuit Court of The First Judicial Circuit Turner County, South Dakota, Honorable […]
STATE v. PARKER, 444 N.W.2d 42 (1989)
STATE of South Dakota, Plaintiff and Appellee, v. James H. PARKER, Defendant and Appellant. No. 16510.Supreme Court of South Dakota.Considered on Briefs May 26, 1989. Decided July 19, 1989. Appeal from the Circuit Court, Seventh Judicial Circuit, Pennington County, Roland Grosshans, J. R. Shawn Tornow, Asst. Atty. Gen., Pierre, for plaintiff and appellee; Roger A. […]
BUCKINGHAM TRANS. v. B.H. TRANS., 66 S.D. 433 (1939)
285 N.W. 300 BUCKINGHAM TRANSPORTATION CO., Appellant v. BLACK HILLS TRANSPORTATION CO., et al, Respondents File No. 8181.Supreme Court of South Dakota. Opinion filed April 14, 1939. 1. Costs. In reversing a judgment of the circuit court affirming an order of the Railroad Commission requiring transportation company to desist from transporting goods in a particular […]
PERPET. NAT’L LIFE CO. v. BROWN BOTTUM, 85 S.D. 330 (1970)
182 N.W.2d 216 PERPETUAL NATIONAL LIFE INSURANCE CO., Respondent v. BROWN AND BOTTUM, Appellants Files Nos. 10637, 10751.Supreme Court of South Dakota. Opinion filed December 18, 1970 Rehearing denied January 22, 1971. Mortgages. Where mortgagee commenced an action against corporate mortgagor and lienholders requesting judgment against mortgagor in amount of mortgage loan and foreclosure and […]
STATE EX REL. MICKELSON v. LARSEN, 70 S.D. 110 (1944)
15 N.W.2d 239 STATE ex rel. MICKELSON, Respondent, v. LARSEN, Defendant JACKUS et al, Intervenors and Appellants File No. 8753.Supreme Court of South Dakota. Opinion filed July 29, 1944. Statutes. Where Supreme Court was evenly divided on question of affirming or reversing judgment restraining and prohibiting secretary of state from submitting a law to vote […]
BALSZ v. STATE, DEPT. OF PUBLIC SAFETY, 366 N.W.2d 492 (1985)
In the Matter of the Appeal of Brian D. BALSZ, Petitioner and Appellant, v. STATE of South Dakota, DEPARTMENT OF PUBLIC SAFETY, Appellee. No. 14581.Supreme Court of South Dakota.Considered on Briefs October 25, 1984. Decided April 17, 1985. Page 493 Appeal from the Circuit Court, Second Judicial Circuit, Minnehaha County, Robert C. Heege, J. N. […]
STATE v. HERREN, 2010 SD 101
792 N.W.2d 551 STATE of South Dakota, Plaintiff and Appellee, v. Annette M. HERREN, Defendant and Appellant. No. 25614.Supreme Court of South Dakota.Considered on Briefs November 15, 2010. Decided December 22, 2010. Appeal from the Third Judicial Circuit Court, Brookings County, David R. Gienapp, J. Page 552 Marty J. Jackley, Attorney General, Kirsten E. Jasper, […]
AHL v. ARNIO, 388 N.W.2d 532 (1986)
Ted AHL and Ruth Ahl, Plaintiffs and Appellees, v. David ARNIO and Kay M. Arnio, Defendants and Appellants. No. 14900.Supreme Court of South Dakota.Considered on Briefs November 18, 1985. Decided June 11, 1986. Appeal from the Circuit Court, Eighth Judicial Circuit, Lawrence County, Warren G. Johnson, J. Jon Mattson of Driscoll, Mattson, Rachetto Christensen, Deadwood, […]
SPURLIN v. SIEBRASSE, 74 S.D. 150 (1951)
49 N.W.2d 604 SPURLIN, Appellant, v. SIEBRASSE et al., Respondents File No. 9214.Supreme Court of South Dakota. Opinion filed October 30, 1951. Appeal from Circuit Court of Potter County; Hon. H.E. Mundt, Judge. Judgment reversed. Morgan Neumayr, Gettysburg, for Appellant. Kostboth Tschetter, Gettysburg, for Respondents. Page 151 SICKEL, J. This in an action brought to […]
STATE v. AABERG, 2006 SD 58
718 N.W.2d 598 STATE of South Dakota, Plaintiff and Appellant, v. Arvin Allen AABERG, Defendant and Appellee. No. 23745.Supreme Court of South Dakota.Argued March 22, 2006. Decided June 28, 2006. Appeal from the Circuit Court of the Second Judicial Circuit, Minnehaha County, Julie L. Irvine, Magistrate Judge. Lawrence E. Long, Attorney General, Steven R. Blair, […]
ABSTRACTS OF SUMMARY DISPOSITIONS, 590 N.W.2d 709 (1999)
Supreme Court of South Dakota. FISCAL YEAR 1999 (Third Quarter) ABSTRACTS OF SUMMARY DISPOSITIONS Case Docket Date ofTitle Number Decision Disposition State v. Walker …………………..20368 1/19/99 affirmed Makes Good v. Weber ……………….20416, 1/19/99 affirmed 20729 Heftel v. Weber …………………..20448 1/19/99 affirmed State v. Sporrer ………………….20498 1/19/99 affirmed Lange v. Lange ……………………20501 1/19/99 affirmed Kinsley v. […]
EITE v. RAPID CITY AREA, 2007 SD 95
739 N.W.2d 264 Bernard M. EITE, Claimant and Appellant, v. RAPID CITY AREA SCHOOL DISTRICT 51-4, Employer and Appellee, and Associated School Boards of South Dakota Workers Compensation Trust Fund, Provider and Appellee. No. 24178.Supreme Court of South Dakota.Considered on Briefs on February 13, 2007. Decided September 5, 2007. Appeal from the Circuit Court, Seventh […]
EHRESMANN v. MUTH, 795 N.W.2d 411 (S.D. 2011)
Ehresmann v. Muth. No. 25629.Supreme Court of South Dakota. January 18, 2011. Abstracts of Summary Dispositions Affirmed (DEH).
STATE v. LOCKSTEDT, 2005 SD 47
695 N.W.2d 718 STATE of South Dakota, Plaintiff and Appellee, v. Carl Olin LOCKSTEDT, Defendant and Appellant. No. 23289.Supreme Court of South Dakota.Considered on Briefs January 10, 2005. Decided April 13, 2005. Appeal from the Circuit Court, Seventh Judicial Circuit, Pennington County, Merton B. Tice, Jr., J. Page 719 Lawrence E. Long, Attorney General, John […]
FALL RIVER COUNTY v. S.D. DEPT. OF REV., 1996 SD 106
552 N.W.2d 620 FALL RIVER COUNTY, a Political Subdivision of the State of South Dakota, Appellant, v. SOUTH DAKOTA DEPARTMENT OF REVENUE and Burlington Northern Railroad Co., Appellees. EDGEMONT SCHOOL DISTRICT 23-1, Appellant, v. SOUTH DAKOTA DEPARTMENT OF REVENUE and Burlington Northern Railroad Co., Appellees. Nos. 19379, 19380.Supreme Court of South Dakota.Argued May 21, 1996. […]
STATE v. FURLOW, 260 N.W.2d 631 (1977)
STATE of South Dakota, Plaintiff and Respondent, v. Reginald FURLOW, Defendant and Appellant. No. 11965.Supreme Court of South Dakota.Argued March 22, 1977. Decided December 30, 1977. Appeal from the Circuit Court, Second Judicial District, Minnehaha County, Richard Braithwaite, J. Page 632 Gene Paul Kean, State’s Atty., Bonnie P. Ulrich, Deputy State’s Atty., Minnehaha County, Sioux […]
STATE BY THROUGH DEPT., ETC. v. RICHEY MOTOR, 296 N.W.2d 505 (1980)
The STATE of South Dakota, acting By and Through the DEPARTMENT OF TRANSPORTATION and the Board of Transportation for the Division of Highways, Plaintiff and Appellant, v. RICHEY MOTOR COMPANY, INC., John C. Richey, and the First National Bank of the Black Hills, Defendants and Appellees. The STATE of South Dakota, acting By and Through […]
LAWLER v. WINDMILL RESTAURANT, 435 N.W.2d 708 (1989)
Josephine L. LAWLER, Appellant v. WINDMILL RESTAURANT, Appellee, and U.S. Fidelity Guaranty Company, Appellee. No. 16074.Supreme Court of South Dakota.Considered on Briefs October 12, 1988. Decided January 18, 1989. Appeal from the Sixth Judicial Circuit Court, Hughes County, Steven L. Zinter, J. David L. Stanton, Rapid City, for appellant. Dennis W. Finch of Finch, Viken, […]
MCPHERSON v. SWIFT, 22 S.D. 165 (1908)
116 N.W. 76 MCPHERSON v. SWIFT et. al. Supreme Court of South Dakota. Opinion filed April 9, 1908 Defendant and decedent contracted that decedent should purchaseland with defendant’s money for $18,500 for their joint account, and decedent was to receive for his services in looking after the property one-half of the net profits after deducting […]
FED. LAND BANK v. MATSON, 68 S.D. 538 (1942)
5 N.W.2d 314 THE FEDERAL LAND BANK OF OMAHA, Respondent, v. MATSON, et al, Appellants File No. 8501.Supreme Court of South Dakota. Opinion filed July 27, 1942. 1. Trial. In forcible entry and detainer action, where sole issue to be submitted was terms of an oral agreement which if jury found in accordance with plaintiff’s […]
IN RE I.S., 804 N.W.2d 79 (S.D. 2011)
In re I.S. No. 25881.Supreme Court of South Dakota. September 29, 2011. Abstracts of Summary Dispositions Affirmed (JWD).
STATE v. KARLEN, 1999 SD 12
589 N.W.2d 594 STATE OF SOUTH DAKOTA, Plaintiff and Appellee, v. TREY L. KARLEN, Defendant and Appellant. Supreme Court of South Dakota.Argued October 21, 1998 Reassigned December 16, 1998 Opinion Filed February 3, 1999. Appeal from the Third Judicial Circuit, Brookings County, SD, Hon. Robert L. Timm, Judge #20299 — Affirmed in part; Reversed in […]
KENT v. LYON, 1996 SD 131
555 N.W.2d 106 Eugene KENT, Appellant, v. Darla L. LYON, Director of Division of Insurance, Appellee. No. 19459.Supreme Court of South Dakota.Argued September 11, 1996. Decided November 6, 1996. Appeal from the Second Judicial Circuit Court, Minnehaha County, Peter H. Lieberman, J. Page 107 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL […]