Category: South Dakota Supreme Court Opinions

IN RE LD. No. 24714.Supreme Court of South Dakota. September 4, 2008. Abstracts of Summary Dispositions Affirmed (PCR).

593 N.W.2d 36 EDGEMONT SCHOOL DISTRICT 23-1, Appellant, v. SOUTH DAKOTA DEPARTMENT OF REVENUE, Burlington Northern Railroad Co., and Counties of Beadle, Brown, Clark, Codington, Corson, Custer, Day, Edmunds, Grant, Hamlin, Kingsbury, Lake, Marshall, Minnehaha, Perkins, Roberts, Walworth, Political Subdivisions, For Themselves and On Behalf of All Municipalities, School Districts, Townships, and All Other Public […]

STATE of South Dakota, Plaintiff and Respondent, v. Frank MILLER, Defendant and Appellant. No. 11684.Supreme Court of South Dakota.Argued September 8, 1976. Decided December 16, 1976. Appeal from the Circuit Court, Second Judicial Circuit, Minnehaha County, Richard Braithwaite, J. Page 57 John P. Guhin, Asst. Atty. Gen., Pierre, for plaintiff and respondent; William J. Janklow, […]

Frederick A. HERRMANN, Sr., and Frederick Herrmann Associates, Inc., Plaintiffs and Appellants, v. The BOARD OF COMMISSIONERS OF the CITY OF ABERDEEN, State of South Dakota, and Jeff Solem, Allen Gates, Robert Nikolas, Henry Lussem, and Dean Driscoll, constituting the Members of said Board, Defendants and Respondents. No. 12642.Supreme Court of South Dakota.Argued September 18, […]

Courtney W. ANDERSON, Plaintiff and Respondent, v. TAURUS FINANCIAL CORPORATION, d/b/a Taurus Leasing Corporation, Defendant and Appellant. No. 12167.Supreme Court of South Dakota.Argued April 14, 1978. Decided July 20, 1978. Rehearing Denied August 15, 1978. Appeal from the Circuit Court, Second Judicial Circuit, Minnehaha County, Robert J. Patterson, J. Gale E. Fisher of May, Johnson […]

552 N.W.2d 796 LPN TRUST, Plaintiff and Appellee, v. FARRAR OUTDOOR ADVERTISING, INC., Defendant and Appellant. Nos. 19128, 19147.Supreme Court of South Dakota.Considered on Briefs November 30, 1995. Decided July 31, 1996. Appeal from the Eighth Judicial Circuit Court, Meade County, Scott C. Moses, J. Jon W. Mattson, Deadwood, for plaintiff and appellee. Doyle D. […]

39 N.W.2d 875 WRIGHT, Respondent, v. STAHL, Appellant File No. 9032.Supreme Court of South Dakota. Opinion filed November 28, 1949. Page 158 Appeal from Circuit Court, Beadle County; Hon. Charles S. Hanson, Judge. From a judgment amending divorce decree by granting plaintiff child’s custody, defendant appeals. Judgment affirmed. Temmey Luby, Huron, for Defendant and Appellant. […]

661 N.W.2d 1 SHIRLEY M. THOMAS, Plaintiff, v. GEORGE W. THOMAS, Defendant, and GAIL THOMAS, Plaintiff and Appellee, v. SHIRLEY M. THOMAS Defendant and Appellant, and GEORGE W. THOMAS, Defendant. Nos. 22548, 22566Supreme Court of South Dakota.Considered On Briefs On February 10, 2003. Opinion Filed On Wednesday, April 16, 2003. Appeal From The Circuit Court […]

Frank ASHLAND, Appellant, v. SOUTH DAKOTA DEPARTMENT OF LABOR, UNEMPLOYMENT INSURANCE DIVISION, Appellee. No. 13437.Supreme Court of South Dakota. June 30, 1982. Appeal from the Circuit Court, Seventh Judicial Circuit, Pennington County, Jeff Davis, J. Page 104 Frank Ashland, pro se. Page 105 Drew C. Johnson, Sp. Asst. Atty. Gen., S.D. Dept. of Labor, Unemployment […]

In the Matter of the ADOPTION OF Lance Ronald SICHMELLER. No. 14636.Supreme Court of South Dakota.Considered on Briefs February 5, 1985. Decided December 11, 1985. Appeal from the Circuit Court, Third Judicial Circuit, Clark County, Dale E. Bradshaw, J. Leon J. Vander Linden, Webster, for appellant Ronald Sichmeller. Thomas M. Tobin, of Maynes, Tonner, Maynes […]

783 N.W.2d 647 STATE of South Dakota, Plaintiff and Appellee, v. Julio Juarez RALIOS, Defendant and Appellant. No. 25251.Supreme Court of South Dakota.Argued March 24, 2010. Decided June 9, 2010. Appeal from the Circuit Court, Second Judicial Circuit, Minnehaha County, Patricia C. Riepel, J. Page 648 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT […]

149 N.W.2d 326 IN RE OPINION OF THE JUDGES File No. 10427.Supreme Court of South Dakota. Opinion filed March 15, 1967 States. Bill purporting to pay to each member of the Legislature out of state funds the sum of twenty dollars per day for each legislative day, as reimbursement for his office expenses and all […]

569 N.W.2d 568 E.A. HIMRICH, and Gerald M. Baldwin, Plaintiffs and Appellants, v. Edward C. CARPENTER and the Partnership known as Costello, Porter, Hill, Heisterkamp and Bushnell, Defendants and Appellees. No. 19918.Supreme Court of South Dakota.Considered on Briefs June 3, 1997. Decided October 8, 1997. Appeal from the Circuit Court, Seventh Judicial Circuit, Custer County, […]

3 N.W.2d 882 NORWAY-PLEASANT TELEPHONE CO., Respondent, v. TUNTLAND, et al, Appellants File No. 8463.Supreme Court of South Dakota. Opinion filed May 14, 1942. 1. Appeal and Error. The findings of a trial court must stand unless the evidence clearly preponderates against them. 2. Corporations. Directors and officers of a corporation act in a “fiduciary […]

STATE of South Dakota, Plaintiff and Appellee, v. Norman Eugene FRENCH, Defendant and Appellant. No. 18240.Supreme Court of South Dakota.Considered on Briefs on September 3, 1993. Decided December 22, 1993. Appeal from the Circuit Court of the Third Judicial Circuit, Beadle County, Robert L. Timm, J. Page 699 Mark Barnett, Atty. Gen., Joan Boos Schueller, […]

544 N.W.2d 531 Gary WOLFF and Shirley Wolff, Plaintiffs and Appellants, v. SECRETARY OF the SOUTH DAKOTA GAME, FISH AND PARKS DEPARTMENT, Defendant and Appellee. No. 19057.Supreme Court of South Dakota.Considered on Briefs October 19, 1995. Decided March 6, 1996. Rehearing Denied April 11, 1996. Page 532 Appeal from the Circuit Court, Seventh Judicial Circuit, […]

STATE of South Dakota ex rel. R. Van JOHNSON, Secretary of Revenue, Plaintiff and Appellee, v. MATHIS IMPLEMENT, INC., Richard Mathis, Secretary-Treasurer, Defendant and Appellant. No. 13650.Supreme Court of South Dakota.Argued September 8, 1982. Decided October 20, 1982. Appeal from the Circuit Court, Sixth Judicial Circuit, Tripp County, John B. Jones, J. John P. Dewell, […]

8 N.W.2d 859 GREVE, Respondent, v. BISSON et ux, Appellants File No. 8521.Supreme Court of South Dakota. Opinion filed March 29, 1943. 1. Payment. A mere receipt, or even a receipt in full, is classified as an “admission” because it is not contractual. 2. Release. A “receipt” is only evidence of the extinguishment of a […]

783 N.W.2d 50 STATE of South Dakota, Plaintiff and Appellee, v. Lloyd Steven ROWLEY, Defendant and Appellant. No. 24881.Supreme Court of South Dakota.Considered on Briefs March 22, 2010. Decided May 19, 2010. Appeal from the Second Judicial Circuit Court, Minnehaha County, Joseph Neiles, J. Page 51 Marty J. Jackley, Attorney General, John Strohman, Assistant Attorney […]

112 N.W.2d 898 SCHUMACHER et al., Respondents v. GIEDT, et al., Appellants File No. 9927.Supreme Court of South Dakota. Opinion filed January 16, 1962 Page 422 Appeal from Circuit Court, Edmunds County; Hon. Fred J. Nichol, Judge. Affirmed. Agor, Bantz, Siegel Barnett, Aberdeen, for Defendants and Appellants. Campbell, Voas Richardson, Aberdeen, for Plaintiffs and Respondents. […]

Reuben O. BEITELSPACHER and Ruth Beitelspacher, a/k/a Ruth Nelson Beitelspacher, Plaintiffs and Appellants, v. Elden L. WINTHER and Antoinette M. Winther, Defendants and Appellees. Nos. 16388, 16389.Supreme Court of South Dakota.Argued May 23, 1989. Decided October 18, 1989. Appeal from the Fifth Judicial Circuit Court, Brown County, David Gilbertson, J. Page 348 Carlyle E. Richards, […]

Gina K. STORMO, Plaintiff and Appellee, v. Scott W. STRONG, Dale A. Tesch, and Eunice M. Tesch, Defendants and Appellants. No. 17186.Supreme Court of South Dakota.Argued February 11, 1991. Decided April 24, 1991. Appeal from the Circuit Court, Third Judicial Circuit, Codington County, Robert L. Timm, J. Page 817 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. […]

STATE of South Dakota, Plaintiff and Appellant, v. Ivan DORHOUT, Defendant and Appellee. No. 18249.Supreme Court of South Dakota.Argued November 30, 1993. Decided March 9, 1994. Rehearing Denied April 15, 1994. Appeal from the Circuit Court, Second Judicial Circuit, Minnehaha County, Judith K. Meierhenry, J. Page 391 Mark Barnett, Atty. Gen., David D. Wiest, Asst. […]

Stephen Curtis PATINO, Petitioner and Appellant, v. STATE of South Dakota, Respondent and Appellee. No. 13879.Supreme Court of South Dakota.Considered on Briefs February 16, 1983. Decided April 6, 1983. Appeal from the Circuit Court, Eighth Judicial Circuit, Lawrence County, Robert L. Tschetter, J. Ralph C. Hoggatt, Deadwood, for petitioner and appellant. Jeffrey P. Hallem, Asst. […]

STATE of South Dakota, Plaintiff and Respondent, v. Steven Allen BOARDMAN, Defendant and Appellant. No. 12152.Supreme Court of South Dakota.Argued January 13, 1978. Decided April 6, 1978. Appeal from the Circuit Court, Seventh Judicial Circuit, Pennington County, Marshall P. Young, J. Page 504 Peter H. Lieberman, Asst. Atty. Gen., Pierre, for plaintiff and respondent; William […]

Ruth M. SAINT-PIERRE, Plaintiff and Appellant, v. Mark S. SAINT-PIERRE, Defendant and Appellee. Nos. 14271, 14291.Supreme Court of South Dakota.Argued March 19, 1984. Decided October 3, 1984. Rehearing Denied November 13, 1984. Appeal from the Eighth Judicial Circuit Court, Lawrence County, Warren G. Johnson, J. Page 251 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE […]

Margo HEINERT, Plaintiff and Appellee, v. HOME FEDERAL SAVINGS AND LOAN ASSOCIATION OF SIOUX FALLS, Successor to 1st Dakota Home Savings and Loan Association, Defendant and Appellant. No. 16485.Supreme Court of South Dakota.Argued May 23, 1989. Decided August 2, 1989. Appeal from the Circuit Court, Sixth Judicial Circuit, Todd County, Marvin S. Talbott, J. Charles […]

FRAWLEY RANCHES, INC., Appellant, v. Henry LASHER, Carlton Gorder or John Cox, Wallace D. Furze, R. Earl Schultz and Boyd E. Larson, as members of the Board of County Commissioners, Lawrence County, South Dakota, Respondents, and A.J. Thybo and Karen Thybo, Intervenors. No. 11843.Supreme Court of South Dakota.Argued February 16, 1977. Decided September 28, 1978. […]

DEPARTMENT OF CONSUMER AFFAIRS SOUTH DAKOTA REAL ESTATE COMMISSION In the Matter of the Complaint Filed Against B.H. Dail, Plaintiff and Appellee, v. B.H. DAIL, Defendant and Appellant. No. 12637.Supreme Court of South Dakota.Considered on Briefs February 26, 1980. Decided September 17, 1980. Rehearing Denied October 15, 1980. Appeal from the Circuit Court, Sixth Judicial […]

State v. Fonseca. No. 24458.Supreme Court of South Dakota. September 4, 2007. Abstracts of Summary Dispositions Affirmed (JN).

10 N.W.2d 513 MARGULIES, Respondent, v. OGDIE, et al, Appellants File No. 8605.Supreme Court of South Dakota. Opinion filed August 4, 1943. 1. Highways. The payments for repairs on tires furnished for trucks used in hauling crushed rock in construction of highway were within provisions of highway contract bond securing claims for “materials, supplies, tools, […]

692 N.W.2d 171 STATE of South Dakota, Plaintiff and Appellee, v. John Thomas LASSITER, Defendant and Appellant. No. 22854.Supreme Court of South Dakota.Considered on Briefs February 17, 2004. Decided January 12, 2005. Appeal from the Circuit Court, First Judicial Circuit, Davison County, Lee D. Anderson, J. Page 172 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES […]

156 N.W.2d 185 DAVE GUSTAFSON CO., Appellant v. STATE et al., Respondents File No. 10409.Supreme Court of South Dakota. Opinion filed February 13, 1968 Page 161 Appeal from Circuit Court, Minnehaha County; Hon. George A. Rice, Judge. Mead Bailey, of Christopherson, Bailin, Wilds Bailey, Sioux Falls, for plaintiff and appellant. Kenneth J. Morgan, Highway Asst. […]

Judy E. HANSEN, Plaintiff and Appellant, v. Larry E. HANSEN, Defendant and Appellee. No. 13623.Supreme Court of South Dakota.Argued May 17, 1982. Decided December 8, 1982. Appeal from the Circuit Court, First Judicial Circuit, Turner County, E.W. Hertz, J. Derald W. Wiehl of May, Johnson, Doyle Becker, P.C., Sioux Falls, for plaintiff and appellant. William […]

State v. Reyes. No. 24548.Supreme Court of South Dakota. February 19, 2008. Affirmed (MBT).

721 N.W.2d 55 STATE of South Dakota, Plaintiff and Appellee, v. Cameron Gene BLAIR, Defendant and Appellant. No. 23463.Supreme Court of South Dakota.Argued October 5, 2005. Reassigned February 6, 2006. Decided August 16, 2006. Rehearing Denied September 25, 2006. Appeal from the Circuit Court, Second Judicial Circuit, Minnehaha County, Joseph Neiles, J. Page 56 Lawrence […]

676 N.W.2d 842 KEYSTONE PLAZA CONDOMINIUMS ASSOCIATION, Plaintiff and Appellee, v. RON EASTEP, Defendant and Appellant. No. 22732Supreme Court of South Dakota.Considered On Briefs On November 17, 2003 Opinion Filed March 3, 2004 Appeal From The Circuit Court Of The Seventh Judicial Circuit Pennington County, South Dakota, Honorable Janine M. Kern, Judge. SCOTT A. ROETZEL […]

STATE of South Dakota, Plaintiff and Respondent, v. John E. MILLER, Defendant and Appellant. No. 11824.Supreme Court of South Dakota. December 31, 1976. Appeal from the Seventh Judicial Circuit Court, Pennington County, Merton B. Tice, Jr., J. Page 875 John P. Guhin, Asst. Atty. Gen., Pierre, for plaintiff and respondent; William J. Janklow, Atty. Gen., […]

The PEOPLE of the State of South Dakota in the Interest of G.H., V.H., A.H., and N.H., Children, and Concerning C.M.H., C.H., D.H., a/k/a D.J., and South Dakota Department of Social Services. No. 15019.Supreme Court of South Dakota.Argued April 22, 1986. Decided June 18, 1986. Appeal from the Circuit Court, Eighth Judicial Circuit, Meade County, […]

TAYLOR OIL COMPANY, Plaintiff and Appellant, v. Anthony WEISENSEE, Defendant and Appellee. No. 13817.Supreme Court of South Dakota.Considered on Briefs February 14, 1983. Decided May 18, 1983. Appeal from the Circuit Court, Second Judicial Circuit, Minnehaha County, E.W. Hertz, J. Page 28 David V. Vrooman, Sioux Falls, for plaintiff and appellant. Steven L. Jorgensen, Sioux […]

171 N.W.2d 733 STATE, Respondent v. GOODE, Appellant File No. 10554.Supreme Court of South Dakota. Opinion filed November 5, 1969 Page 370 Appeal from Circuit Court, Pennington County; Hon. George D. Lampert, Judge. Reversed. James Abourezk, Rapid City, William M. Kunstler, New York City for defendant and appellant. Gordon Mylland, Atty. Gen., Edward M. Blando, […]

Harold REIMAN, Plaintiff and Appellant, v. Herman SOLEM, Warden, South Dakota State Penitentiary; Richard Rist, Associate Warden, South Dakota State Penitentiary; Unknown Officers of the South Dakota State Penitentiary, All Individually and in Their Official Capacities, Defendants and Appellees. No. 13919.Supreme Court of South Dakota.Considered on Briefs March 23, 1983. Decided July 6, 1983. Rehearing […]

635 N.W.2d 752 C W ENTERPRISES, INC., a South Dakota Corporation, Plaintiff and Appellee, v. CITY OF SIOUX FALLS, Defendant and Appellant. No. 21735Supreme Court of South Dakota.Considered On Briefs On October 1, 2001. Opinion Filed November 7, 2001. Appeal From The Circuit Court Of The Second Judicial Circuit Minnehaha County, South Dakota. The Honorable […]

203 N.W.2d 789 DOUGALL, Respondent v. SATEREN et al., Appellants File No. 11037.Supreme Court of South Dakota. Opinion filed January 23, 1973 Page 124 Appeal from Circuit Court of Harding County; Hon. Leslie R. Hersrud, Judge. Clyde R. Calhoon, Brookings, for defendants and appellants. R.A. Smiley, Belle Fourche, for plaintiff and respondent. WINANS, Justice. This […]

AMERICAN ADVERTISING COMPANY, Plaintiff and Respondent, v. STATE of South Dakota, By and Through its DEPARTMENT OF TRANSPORTATION, Defendant and Appellant. No. 12521.Supreme Court of South Dakota.Submitted on Briefs April 19, 1979. Decided June 14, 1979. Appeal from the Circuit Court of Sixth Judicial District, Hughes County, Patrick McKeever, J. George S. Mickelson and Richard […]

James John KULESA, Petitioner and Appellant, v. DEPARTMENT OF PUBLIC SAFETY, State of South Dakota, Respondent. No. 12547.Supreme Court of South Dakota.Argued April 23, 1979. Decided May 10, 1979. Page 638 Appeal from the Circuit Court, Fifth Judicial Circuit, Day County, Eugene E. Dobberpuhl, J. Charles B. Kornmann, of Richardson, Groseclose, Kornmann Wyly, Aberdeen, for […]

Robert DUXBURY, Roger McKellips, Paul Symens and Linda Lea M. Viken, Petitioners, v. Homer HARDING, Treasurer, Vernon Larson, Auditor, and Ron Schreiner, Secretary of Revenue of the State of South Dakota, Respondents. No. 17952.Supreme Court of South Dakota.Argued August 4, 1992. Decided September 16, 1992. Page 741 Michael J. Butler of Butler and Nesson, Sioux […]

In re the CIVIL CONTEMPT PROCEEDINGS CONCERNING Michelle RICHARD. No. 14733.Supreme Court of South Dakota.Original Proceeding. Argued November 27, 1984. Decided August 21, 1985. Page 430 Bruce Ellison, Rapid City, for Michelle Richard. MORGAN, Justice (on reassignment). Michelle Richard (Richard), who was incarcerated in the Pennington County Jail for civil contempt for refusal to testify […]

In the Matter of the CERTIFICATION OF A QUESTION OF LAW FROM THE UNITED STATES DISTRICT COURT, DISTRICT OF SOUTH DAKOTA, CENTRAL DIVISION, Pursuant To the Provisions of SDCL 15-24A-1, and Concerning Federal Action Civ. 85-1043, Titled As Follows: ST. PAUL RAMSEY MEDICAL CENTER, a Minnesota Hospital, Plaintiff, v. CODINGTON COUNTY, South Dakota, Defendant. No. […]

STATE of South Dakota, Plaintiff and Appellee, v. Hugo BARRIENTOS, III, Defendant and Appellant. No. 16233.Supreme Court of South Dakota.Considered on Briefs January 13, 1989. Decided August 2, 1989. Appeal from the Seventh Judicial Circuit Court, Pennington County, John K. Konenkamp, J. Diane M. Patrick, Asst. Atty. Gen., Pierre, for plaintiff and appellee; Roger A. […]

71 N.W.2d 208 ELLENBECKER, Appellant v. VOLIN et al., Respondents File No. 9383.Supreme Court of South Dakota. Opinion filed June 23, 1955. Rehearing denied August 1, 1955. 1. Jury. Under statute limiting peremptory challenges to three for each party but allowing each party on same side having conflicting interest three challenges, insofar as extra peremptory […]

Merton C. PETERSON, Mark A. Peterson, Richard T. Peterson, and Merton C. Peterson, executor of the estate of Susan K. Peterson, Plaintiffs and Appellees, v. Richard E. BECK; Edward O. Eastwold and Harriet C. Eastwold, husband and wife; Nora J. Van Hove; Edna V. Barton; Randall J. Austad; and VBC, Inc., Defendants and Appellants. No. […]

232 N.W.2d 257 STATE, Respondent v. BARR, Appellant File No. 11574.Supreme Court of South Dakota. Opinion filed August 22, 1975 Page 281 Appeal from the Circuit Court of Pennington County; Hon. Thomas Parker, Judge. William J. Janklow, Atty. Gen., Galen J. Vaa, Asst. Atty. Gen., Pierre, for plaintiff and respondent. Ramon A. Roubideaux, Rapid City, […]

31 N.W.2d 769 ALBERTS, Appellants, v. BRUBAKER, et al, Respondents File No. 8958.Supreme Court of South Dakota. Opinion filed March 29, 1948. 1. Process. The statute authorizing substituted service of summons by leaving a copy thereof “at defendant’s dwelling house” was complied with, where copy of summons was served on defendant’s son upon defendant’s farm […]

72 N.W.2d 427 TRI-STATE AUTO AUCTION, Inc., Appellant v. OSTROOT, Respondent File No. 9523.Supreme Court of South Dakota. Opinion filed October 17, 1955. Appeal from Circuit Court, Minnehaha County; Hon. Roy D. Burns, Judge. A motor vehicle dealer’s license was revoked by order of the Secretary of State, and the licensee appealed. From an affirmation […]

STATE of South Dakota, Plaintiff and Appellant, v. Don Bryan RICKABAUGH, John Larry Dresen, and Donald D. Dresen, Defendants and Appellees. No. 14641.Supreme Court of South Dakota.Argued October 22, 1984. Decided January 23, 1985. Appeal from the Circuit Court, Fourth Judicial Circuit, Aurora County, Boyd L. McMurchie, J. Page 624 Douglas E. Kludt, Asst. Atty. […]

675 N.W.2d 739 CITY OF SIOUX FALLS, a municipality chartered under the Constitution of the State of South Dakota, Plaintiff and Appellee, v. MISSOURI BASIN MUNICIPAL POWER AGENCY d/b/a MISSOURI RIVER ENERGY SERVICES, Defendant and Appellant. No. 22419Supreme Court of South Dakota.Argued On October 7, 2003 Opinion Filed February 4, 2004 Appeal from the Circuit […]

Myron HOFER, on behalf of and as Guardian Ad Litem of Jason Hofer, a minor, and Myron Hofer and Doreen Hofer, husband and wife, Plaintiffs and Appellants, v. Clifford A. MEYER and Evelyn Meyer, husband and wife, and Richard Kiefer and Dorothy J. Kiefer, husband and wife, Defendants and Appellees. No. 12861.Supreme Court of South […]

STATE of South Dakota, Plaintiff and Appellee, v. Gerald L. DAVIDSON, Defendant and Appellant. No. 17467.Supreme Court of South Dakota.Considered on Briefs December 5, 1991. Decided January 8, 1992. Appeal from the Circuit Court of the Sixth Judicial District, Dewey County, Robert L. Tschetter, J. Mark Barnett, Atty. Gen., Scott Bogue, Asst. Atty. Gen., Pierre, […]

Harold WITHORNE, Petitioner and Appellant, v. Herman SOLEM, Respondent and Appellee. No. 15083.Supreme Court of South Dakota.Considered on Briefs February 12, 1986. Decided April 16, 1986. Appeal from the Circuit Court, Eighth Judicial Circuit, Meade County, Scott C. Moses, J. Richard Braithwaite, Sioux Falls, for petitioner and appellant. Jeffrey P. Hallem, Asst. Atty. Gen., Pierre, […]

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 Appellant, v. Oscar WIECZOREK and the Federal Land Bank of Omaha, Defendants and Respondents. The STATE HIGHWAY COMMISSION of the State of South Dakota, on Behalf of and in the […]

STATE of South Dakota, Plaintiff and Appellee, v. Michael C. VOGEL, Defendant and Appellant. No. 13431.Supreme Court of South Dakota.Argued November 19, 1981. Decided January 20, 1982. Appeal from the Circuit Court, First Judicial Circuit, Clay County, E.W. Hertz, J. Page 322 Mark Smith, Asst. Atty. Gen., Pierre, for plaintiff and appellee; Mark V. Meierhenry, […]

702 N.W.2d 828 STATE of South Dakota, Plaintiff and Appellee, v. Douglas WILLSON, Defendant and Appellant. No. 23228.Supreme Court of South Dakota. Considered on Briefs on April 25, 2005. Decided August 3, 2005. Appeal from the Circuit Court, Fourth Judicial Circuit, Lawrence County, Warren G. Johnson, J. Lawrence E. Long, Attorney General, Frank Geaghan, Assistant […]

605 N.W.2d 193 RODNEY KAISER and MARLYS KAISER, Plaintiffs and Appellees, v. NORTH RIVER INSURANCE CO. d/b/a Crum Forster Insurance Co., Defendant and Appellant. No. 20946.Supreme Court of South Dakota.Considered on Briefs November 29, 1999. Opinion Filed February 2, 2000. Appeal from the First Judicial Circuit, Yankton County, SD Hon. Lee A. Tappe, Judge, Reversed […]

State v. Littlebrave. No. 25177.Supreme Court of South Dakota. December 2, 2009. Abstracts of Summary Dispositions Fiscal Year 2010, Affirmed (JN). Page 379

Jenean AADLAND, Claimant and Appellee, v. ST. LUKE’S MIDLAND REGIONAL MEDICAL CENTER and Presentation Sisters Workers’ Compensation Trust, Employer/Insurer and Appellants. No. 18898.Supreme Court of South Dakota.Considered on Briefs February 15, 1995. Decided September 13, 1995. Appeal from the Circuit Court of the Fifth Judicial Circuit, Day County, Eugene E. Dobberpuhl, J. Page 667 Robert […]

STATE of South Dakota, Plaintiff and Appellee, v. Thomas Wayne BRIM, Defendant and Appellant. No. 12889.Supreme Court of South Dakota.Submitted on Briefs March 13, 1980. Decided October 29, 1980. Appeal from the Circuit Court, Eighth Judicial Circuit, Meade County, Scott C. Moses, J. Page 74 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN […]

In the Matter of Establishing CERTAIN TERRITORIAL ELECTRIC BOUNDARIES Within the State of South Dakota (ABERDEEN CITY VICINITY) (F-3111). NORTHERN ELECTRIC COOPERATIVE, INC., Brown County, South Dakota, Appellants, v. NORTHWESTERN PUBLIC SERVICE COMPANY, Respondent. Nos. 12327, 12328.Supreme Court of South Dakota.Argued January 18, 1979. Decided June 21, 1979. Appeal from the Circuit Court, Sixth Judicial […]

STATE of South Dakota, Plaintiff and Appellee, v. Wayne DIEDE, Defendant and Appellant. No. 13543.Supreme Court of South Dakota.Considered on Briefs March 22, 1982. Decided May 26, 1982. Appeal from the Third Judicial Circuit Court, Beadle County, Eugene L. Martin, J. Page 819 Douglas E. Kludt, Asst. Atty. Gen., Pierre, for plaintiff and appellee; Mark […]