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 […]
Category: South Dakota Supreme Court Opinions
KAISER v. NORTH RIVER INSURANCE CO., 2000 SD 15
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 […]
BERESFORD SCHOOL DIST. v. TOOMEY, 65 S.D. 328 (1937)
273 N.W. 724 BERESFORD INDEPENDENT SCHOOL DISTRICT, Appellant, v. TOOMEY, Superintendent of Schools, Respondent. File No. 8002.Supreme Court of South Dakota. Opinion filed June 1, 1937. 1. Appeal and Error. In proceedings between county school superintendent and in dependent school district under statute permitting submission of a controversy without action, with respect to what items […]
STATE v. LITTLEBRAVE, 779 N.W.2d 167 (S.D. 2010)
State v. Littlebrave. No. 25177.Supreme Court of South Dakota. December 2, 2009. Abstracts of Summary Dispositions Fiscal Year 2010, Affirmed (JN). Page 379
FIRST NAT. BANK IN SIOUX FALLS v. DRIER, 1998 SD 1
574 N.W.2d 597 The FIRST NATIONAL BANK IN SIOUX FALLS, Plaintiff and Appellee, v. Calvin DRIER and Jan Drier, Defendants and Appellants. Nos. 19430, 19460.Supreme Court of South Dakota.Argued October 23, 1997. Decided January 7, 1998. Appeal from the Circuit Court, First Judicial District, Lincoln County, Richard Bogue, J. Page 598 Steven W. Sanford of […]
STATE v. LANGE, 82 S.D. 666 (1967)
152 N.W.2d 635 STATE, Respondent v. LANGE, Appellant File No. 10311.Supreme Court of South Dakota. Opinion filed September 18, 1967 1. Indictment and Information. In considering sufficiency of criminal pleading, technicalities have been abolished and it is only necessary to plead offense in its usually designated name in plain, ordinary language. 2. Indictment and Information. […]
GRIFFIN v. SEBEK, 245 N.W.2d 481 (1976)
Robert James GRIFFIN and Raymond Griffin, Plaintiffs and Appellants, v. Roland SEBEK and Mary Ann Sebek, Individually and doing business as Sebek’s Tavern, Defendants and Respondents. No. 11623.Supreme Court of South Dakota. September 15, 1976. Appeal from the Circuit Court, Fifth Judicial Circuit, Roberts County, Sigurd Anderson, J. Page 482 Richardson, Groseclose, Kornmann Wyly, Aberdeen, […]
STATE v. McDOWELL, 349 N.W.2d 450 (1984)
STATE of South Dakota, Plaintiff and Appellee, v. Phillip Ray McDOWELL, Defendant and Appellant. No. 14214.Supreme Court of South Dakota.Considered on Briefs December 2, 1983. Decided June 13, 1984. Appeal from the Circuit Court, Second Judicial Circuit, Minnehaha County, William H. Heuermann, J. Page 451 Grant E. Gormley, Chief Deputy Atty. Gen. and Barbara Jo […]
WALTHOFF v. HALL, 73 S.D. 483 (1950)
44 N.W.2d 221 WALTHOFF, Respondent, v. HALL et al., Appellants File No. 9152.Supreme Court of South Dakota. Opinion filed October 11, 1950. Appeal from the Circuit Court of Pennington County; Hon. Turner M. Rudesill, Judge. Workmen’s Compensation proceeding. From a judgment reversing the refusal of the Industrial Commission to make an award, the employer and […]
MATTER OF ESTATE OF DONAHUE, 464 N.W.2d 393 (1990)
In the Matter of the ESTATE OF Robert E. DONAHUE, Deceased. No. 16977.Supreme Court of South Dakota.Considered on Briefs May 23, 1990. Decided December 19, 1990. Appeal from the Seventh Judicial Circuit Court, Pennington County, Marshall Young, J. Thomas E. Brady of Richards, Hood Brady, Spearfish, for appellees. Robert W. Gunderson of Gunderson, Farrar, Aldrich […]
VANDEN HOEK v. WEBER, 2006 SD 102
724 N.W.2d 858 Ryan Lee VANDEN HOEK, Petitioner and Appellant, v. Douglas WEBER, Warden of the South Dakota State Penitentiary, Respondent and Appellee. No. 23972.Supreme Court of South Dakota.Considered on Briefs on August 28, 2006. Decided November 21, 2006. Appeal from the Circuit Court, First Judicial Circuit, Davison County, Ronald K. Miller, J. Page 859 […]
STATE v. SPRIK, 520 N.W.2d 595 (1994)
STATE of South Dakota, Plaintiff and Appellee, v. Calvin Earle SPRIK, Defendant and Appellant. No. 18469.Supreme Court of South Dakota. Considered on Briefs May 23, 1994. Decided August 10, 1994. Appeal from the Seventh Judicial Circuit Court, Pennington County, Jeff W. Davis, J. Page 596 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN […]
OSLOOND v. FARRIER, 2003 SD 28
659 N.W.2d 20 RAYMOND OSLOOND and MARY ELLEN OSLOOND, Plaintiffs and Appellants, v. MARIE FARRIER, Defendant and Appellee. No. 22312Supreme Court of South Dakota.Considered On Briefs On January 13, 2003. Opinion Filed March 12, 2003. Appeal From The Circuit Court Of The Fourth Judicial Circuit Lawrence County, South Dakota. Honorable John W. Bastian Judge. Page […]
BONE SHIRT v. HAZELTINE, 2005 SD 84
700 N.W.2d 746 Alfred BONE SHIRT, Belva Black Lance, Bonnie High Bull and Germaine Moves Camp, Respondents, v. Joyce HAZELTINE, in her official capacity as Secretary of the State of South Dakota, Scott Eccarius, in his official capacity as Speaker of the South Dakota House of Representatives, South Dakota House of Representatives, Arnold Brown, in […]
STATE v. HEJHAL, 438 N.W.2d 820 (1989)
STATE of South Dakota, Plaintiff and Appellant, v. Gary L. HEJHAL, Defendant and Appellee. No. 16251.Supreme Court of South Dakota.Argued February 16, 1989. Decided April 19, 1989. Appeal from the First Judicial Circuit Court, Union County, Jay H. Tapken, J. John Slattery, Elk Point, for plaintiff and appellant. James McCulloch, Vermillion, for defendant and appellee. […]
STATE v. MUSTON, 753 N.W.2d 447 (S.D. 2008)
State v. Muston. No. 24728.Supreme Court of South Dakota. April 28, 2008. Abstracts of Summary Dispositions Affirmed (JWA).
STATE v. THE AMERICAN-NEWS CO., 64 S.D. 385 (1936)
266 N.W. 827 STATE, Respondent, v. THE AMERICAN-NEWS COMPANY, et al, Appellants. File No. 7526.Supreme Court of South Dakota. Opinion filed April 24, 1936. 1. Contempt. In South Dakota, publications which scandalize the courts are not punishable as contempt, and judge is left to his remedy by civil action or proceeding for libel. 2. Contempt. […]
SIOUX v. REGULATION, 2008 SD 34
749 N.W.2d 522 SIOUX FALLS SHOPPING NEWS, INC., Appellant v. DEPARTMENT OF REVENUE AND REGULATION, Appellee. No. 24616.Supreme Court of South Dakota.Considered on Briefs February 11, 2008. Decided April 23, 2008. Appeal from the Circuit Court, Sixth Judicial Circuit, Hughes County, Lori S. Wilbur, J. Page 523 Mark V. Meierhenry and Patrick J. Glover, of […]
RAPID CITY AREA SCH. DIST. v. BLACK HILLS, 303 N.W.2d 811 (1981)
RAPID CITY AREA SCHOOL DISTRICT NO. 51-4, Plaintiff and Appellee, v. BLACK HILLS AND WESTERN TOURS, INC., Individually and as Representative of the Class of Taxpayers of the Rapid City Area School District No. 51-4, Defendant and Appellee, and Stagecoach West Leasing, Inc., Defendant and Appellant. No. 13103.Supreme Court of South Dakota.Argued November 19, 1980. […]
JORGENSON v. VENER, 2002 SD 20
640 N.W.2d 485 DAVID JORGENSON and LAURA JORGENSON, Plaintiffs and Appellants, v. MICHAEL J. VENER, M.D., Defendant and Appellee. No. 21896Supreme Court of South Dakota.Argued November 16, 2001 Reassigned December 21, 2001. Opinion Filed February 6, 2002. Appeal From The Circuit Court Of The Third Judicial Circuit Codington County, South Dakota. Honorable Robert L. Timm […]
LEEPER v. LEEPER, 301 N.W.2d 154 (1981)
Marlene LEEPER, Plaintiff and Appellee, v. Roger LEEPER, Defendant and Appellant. No. 12967.Supreme Court of South Dakota.Considered on Briefs November 5, 1980. Decided January 28, 1981. Appeal from the Circuit Court, Second Judicial Circuit, Minnehaha County, William H. Huermann, J. Sam D. Sechser, Sioux Falls, for plaintiff and appellee. John N. Gridley, III, Sioux Falls, […]
STATE v. BONRUD, 246 N.W.2d 790 (1976)
STATE of South Dakota, Plaintiff and Respondent, v. Leonard Eugene BONRUD, Jr., Defendant and Appellant. No. 11690.Supreme Court of South Dakota. November 19, 1976. Appeal from the Second Judicial Circuit Court, Minnehaha County, Richard Braithwaite, J. Page 791 William D. Kenyon, Sioux Falls, for defendant-appellant. William J. Janklow, Atty. Gen., Peter H. Lieberman, Asst. Atty. […]
VREUGDENHIL v. FIRST BANK OF S.D., 467 N.W.2d 756 (1991)
Edwin VREUGDENHIL and Loretta Vreugdenhil, Plaintiffs/Appellants, v. FIRST BANK OF SOUTH DAKOTA, N.A., and Western Surety Company, Defendants/Appellees. No. 17005.Supreme Court of South Dakota.Considered on Briefs September 20, 1990. Decided March 27, 1991. Appeal from the Circuit Court, Second Judicial Circuit, Minnehaha County, Gene Paul Kean, J. Page 757 J.M. Grossenburg, Winner, and Rick Johnson, […]
ROLLINGER v. J.C. PENNEY CO., 86 S.D. 154 (1971)
192 N.W.2d 699 ROLLINGER, Respondent v. J.C. PENNEY CO., Appellant File No. 10929.Supreme Court of South Dakota. Opinion filed December 15, 1971 Order denying petition for rehearing February 3, 1972 Page 155 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 156 Appeal […]
THE COLLEGIAN v. HILEMAN, 88 S.D. 601 (1975)
226 N.W.2d 163 THE COLLEGIAN, Respondent v. HILEMAN, Appellant File No. 11333.Supreme Court of South Dakota. Opinion filed February 21, 1975 Appeal from the District County Court of Brookings County; Hon. Carl E. Bohn, Judge. Page 602 Alan F. Glover, Brookings, for defendant and appellant. T.F. Martin, McCann, Martin Mickelson, P.C., Brookings, for plaintiff and […]
BRUCKNER v. BRUCKNER, 711 N.W.2d 266 (S.D. 2004)
BRUCKNER v. BRUCKNER. No. 23073.Supreme Court of South Dakota. September 7, 2004. Affirmed (LSW).
WILSON v. ALLSTATE INS. CO., 85 S.D. 553 (1971)
186 N.W.2d 879 WILSON, Respondent v. ALLSTATE INS. CO., Appellant File No. 10834.Supreme Court of South Dakota. Opinion filed May 18, 1971 1. Insurance. Any uncertainty or ambiguity in contract of insurance must be construed most strongly against the insurer. 2. Insurance. Where insured motor vehicle, title to which has been registered in wife, had […]
TILTON v. GABRIELSON, 61 S.D. 529 (1933)
250 N.W. 60 TILTON, Respondent, v. GABRIELSON, et al, Appellants. File No. 7583.Supreme Court of South Dakota. Opinion filed September 6, 1933. Appeal and Error. Appeal held abandoned, where certified copy of notice of appeal and settlement of record were filed in Supreme Court, no further steps were taken for over three months, and no […]
STATE v. RISTAU, 290 N.W.2d 487 (1980)
STATE of South Dakota, Plaintiff and Respondent, v. Donald RISTAU, Defendant and Appellant. No. 12844.Supreme Court of South Dakota.Argued February 21, 1980. Decided March 26, 1980. Appeal from the Circuit Court, Sixth Judicial Circuit, Hughes County, Robert A. Miller, J. Page 488 Lori Wilbur, Asst. Atty. Gen., Pierre, for plaintiff and respondent; Mark V. Meierhenry, […]
STATE v. GOFF, 64 S.D. 80 (1936)
274 N.W. 665 STATE, Respondent, v. GOFF, Appellant. File No. 7656.Supreme Court of South Dakota. Opinion filed January 10, 1936. Witnesses. Wife held not competent to testify against her husband without his consent in prosecution for rape against his stepdaughter since rape was not “crime committed by one against the other” within statutory exception (Rev. […]
PETE LIEN SONS, INC. v. CITY OF PIERRE, 1998 SD 38
577 N.W.2d 330 PETE LIEN SONS, INC., Plaintiff and Appellant, v. CITY OF PIERRE, a South Dakota Municipal Corporation, Defendant and Appellee. No. 20119.Supreme Court of South Dakota.Considered on Briefs February 18, 1998. Decided April 15, 1998. Appeal from the Circuit Court, Sixth Judicial Circuit, Hughes County, Steven L. Zinter, J. Craig D. Grotenhouse, Rapid […]
STATE v. ALEXANDER, 313 N.W.2d 33 (1981)
STATE of South Dakota, Plaintiff and Appellee, v. Robert ALEXANDER, Defendant and Appellant. No. 13336.Supreme Court of South Dakota.Argued October 2, 1981. Decided December 2, 1981. Appeal from the Circuit Court, Fourth Judicial Circuit, Davison County, Boyd L. McMurchie, J. Grant E. Gormley, Asst. Atty. Gen., Pierre, for plaintiff and appellee; Mark V. Meierhenry, Atty. […]
SCHROEDER v. HERBERT C. COE TRUST, 437 N.W.2d 178 (1989)
Herman SCHROEDER, Jr., and William B. Schroeder, Plaintiffs and Appellees, v. HERBERT C. COE TRUST; Farmers State Bank Trust Dept. of Winner, S.D., Trustees; Rosebud Lumber and Coal Co., Inc.; Leo Post, Inc., Receiver, Winner, Tripp County, S.D.; Estate of Herbert C. Coe, a/k/a Herbert Curtis Coe, Deceased, Vickie Coe, Administratix; Estate of Lelah Mildred […]
STATE v. KISSNER, 252 N.W.2d 330 (1977)
STATE of South Dakota, Plaintiff and Respondent, v. Allen KISSNER, Defendant and Appellant. No. 11928.Supreme Court of South Dakota.Argued January 12, 1977. Decided April 15, 1977. Appeal from the Circuit Court, Ninth (now Third) Judicial Circuit, Spink County, Vernon C. Evans, J. Page 331 Peter H. Lieberman, Asst. Atty. Gen., for plaintiff and respondent; William […]
STATE v. WARNER, 60 S.D. 212 (1932)
244 N.W. 107 STATE, Appellant, v. WARNER, Respondent. STATE, Appellant, v. BANBURY, Respondent. File No. 7181-2.Supreme Court of South Dakota. Opinion filed September 14, 1932. Appeal from Circuit Court, Charles Mix County; HON. R.C. BAKEWELL, Judge. M.Q. Sharpe, Attorney General, and Ray F. Drewry, Assistant Attorney General, for the State. Michael G. Luddy, of Los […]
SCHAFFER v. SPICER, 88 S.D. 36 (1974)
215 N.W.2d 134 SCHAFFER, Appellant v. SPICER, Respondent File No. 11018.Supreme Court of South Dakota. Opinion filed February 15, 1974 Page 37 Appeal from the Circuit Court of Brown County; Hon. Sigurd Anderson, Judge. Morris Myers, Aberdeen, for plaintiff and appellant at oral argument. Joseph H. Barnett of Siegel, Barnett, Schutz, O’Keefe Ogborn, Aberdeen, for […]
JENSEN v. TURNER COUNTY BD. OF ADJUSTMENT, 2007 SD 28
730 N.W.2d 411 Jace JENSEN, Petitioner and Appellant, v. TURNER COUNTY BOARD OF ADJUSTMENT, Jerry Graber, Ken Plucker, Jr., Ralph Duxbury, Richard Lounsbery, and Ryan Wieman, Respondents and Appellees, and ET Farms, Ltd., Intervenor. No. 24134.Supreme Court of South Dakota. Considered on Briefs January 8, 2007. Decided March 14, 2007. Rehearing Denied April 17, 2007. […]
STATE v. HERRLEIN, 424 N.W.2d 376 (1988)
STATE of South Dakota, Plaintiff and Appellee, v. David HERRLEIN, Defendant and Appellant. No. 15861.Supreme Court of South Dakota.Considered on Briefs March 22, 1988. Decided June 1, 1988. Appeal from the First Judicial Circuit Court, Charles Mix County, E.W. Hertz, J. Wade A. Hubbard, Asst. Atty. Gen., Pierre, for plaintiff and appellee; Roger A. Tellinghuisen, […]
STATE v. CUMMINGS, 694 N.W.2d 722 (S.D. 2004)
STATE v. CUMMINGS. No. 23182.Supreme Court of South Dakota. December 07, 2004. Affirmed (WGJ).
CHORD v. REYNOLDS, 1999 SD 1
587 N.W.2d 729 Robert CHORD, Plaintiff and Appellant, v. Chance REYNOLDS, and Chance Reynolds d/b/a Beaver Creek Ranch, Defendant, and Continental Insurance Company, Defendant and Appellee. No. 20525.Supreme Court of South Dakota.Considered on Briefs December 3, 1998. Decided January 6, 1999. Corrected February 4, 1999. Appeal from the Seventh Judicial Circuit, Pennington County, SD Hon. […]
SEYMOUR v. WESTERN DAKOTA VOC. TECH. INSTITUTE, 419 N.W.2d 206 (1988)
Jack SEYMOUR, Appellant, v. WESTERN DAKOTA VOCATIONAL TECHNICAL INSTITUTE and Rapid City Board of Education, Appellees. No. 15705.Supreme Court of South Dakota.Considered on Briefs November 18, 1987. Decided February 10, 1988. Appeal from the Circuit Court, Eighth Judicial Circuit, Meade County, Scott C. Moses, J. Page 207 Thomas E. Brady of Richards, Hood Brady, P.C., […]
ZUKE v. PRESENTATION SISTERS, 1999 SD 31
589 N.W.2d 925 SANDRA ZUKE, Plaintiff and Appellant, v. PRESENTATION SISTERS, INC., d/b/a McKennan Hospital, and GAB Robins North America, Inc., Defendants and Appellees. Supreme Court of South Dakota.Considered on Briefs October 20, 1998 Opinion Filed March 10, 1999. Appeal from the Second Judicial Circuit, Minnehaha County, SD Hon. Gene Paul Kean, Judge, #20455 — […]
STATE HIGHWAY COMMISSION v. LACEY, 79 S.D. 451 (1962)
113 N.W.2d 50 STATE HIGHWAY COMMISSION, Respondent v. LACEY, Appellant File No. 9930.Supreme Court of South Dakota. Opinion filed January 29, 1962 Rehearing denied April 17, 1962. Page 452 Appeal from Circuit Court, Minnehaha County; Hon. Francis G. Dunn, Judge. Affirmed. Lacey Parliman, Sioux Falls, for Defendant and Appellant. A.C. Miller, Atty. Gen., John B. […]
Re ELLYSON’S ESTATE, 71 S.D. 225 (1946)
23 N.W.2d 161 Re ELLYSON’S ESTATE MINNICK Appellant, v. THE FIRST CITIZENS NATIONAL BANK OF WATERTOWN, Respondent File No. 8819.Supreme Court of South Dakota. Opinion filed May 27, 1946. 1. Executors and Administrators. Where county court, in conformity with a stipulation, appointed a special administrator for purpose of selling certain property of estate, the court […]
IN RE BETTY A. LUHRS TRUST, 443 N.W.2d 646 (1989)
In re the BETTY A. LUHRS TRUST. No. 16301.Supreme Court of South Dakota.Considered on Briefs March 23, 1989. Decided July 5, 1989. Appeal from the Circuit Court, First Judicial Circuit, Lincoln County, Riley W. Connelly, J. Page 647 Ronald C. Aho and Scott K. Bradshaw of Aho Bradshaw, Brookings, for appellant, Betty A. Luhrs. Michael […]
ABSTRACTS OF SUMMARY DISPOSITIONS, 467 N.W.2d 926 (1991)
Supreme Court of South Dakota. FISCAL YEAR 1991 (Third Quarter) ABSTRACTS OF SUMMARY DISPOSITIONS Pursuant to SDCL 15-26A-87.1(A), (B), (C), and (D), the Supreme Court may, sua sponte, enter an order or memorandum opinion summarily affirming or reversing the judgment or order of the trial court in actions wherein the criteria as required by those […]
IN RE LOISEAU, ET UX, 65 S.D. 130 (1937)
272 N.W. 176 In Re LOISEAU et ux KRAUSE, Respondent, v. METROPOLITAN LIFE INS. CO., Appellant. File No. 7936.Supreme Court of South Dakota. Opinion filed March 19, 1937. Appeal and Error. Questions presented by appeal from order extending period of redemption held moot when order extending period of redemption expired by its own terms and […]
STATE THEATRE CO. v. SMITH, 276 N.W.2d 259 (S.D. 1979)
STATE THEATRE COMPANY, a South Dakota Corporation, Plaintiff and Appellant, v. Boyce SMITH, City Finance Officer, in and for the City of Brookings, South Dakota, Defendant and Respondent. No. 12498.Supreme Court of South Dakota.Argued January 22, 1979. Decided March 8, 1979. Appeal from the Third Judicial Circuit Court, Brookings County, Lyle E. Cheever, J. Page […]
STATE v. BRASSFIELD, 2000 SD 110
615 N.W.2d 628 STATE OF SOUTH DAKOTA, Plaintiff and Appellee, v. FREDERICK D. BRASSFIELD, Defendant and Appellant. No. 21174Supreme Court of South Dakota.Considered on Briefs March 22, 2000. Reassigned July 7, 2000. Opinion Filed August 16, 2000. Appeal from the Seventh Judicial Circuit, Pennington County, SD Hon. Thomas L. Trimble, Judge, #21174 — Affirmed. Page […]
MID-CENTURY INS. CO. v. NORGAARD, 273 N.W.2d 191 (1979)
MID-CENTURY INSURANCE COMPANY, Plaintiff and Respondent, v. Leo NORGAARD and Kenneth Norgaard, Defendants and Appellants, and Dennis Leuders and Chad Leuders, Defendants. No. 12293.Supreme Court of South Dakota. January 5, 1979. Appeal from the Circuit Court, Second Judicial Circuit, Minnehaha County, Richard Braithwaite, J. Page 192 H.L. Fuller, of Woods, Fuller, Shultz Smith, Sioux Falls, […]
CORNER CONST. v. UNITED STATES FIDELITY, 2002 SD 5
638 N.W.2d 887 CORNER CONSTRUCTION COMPANY, a corporation, Plaintiff and Appellant, v. UNITED STATES FIDELITY and GUARANTY COMPANY, a corporation; and CUMMINGS ROLL, LTD., a corporation, Defendants and Appellees, REGENT INSURANCE COMPANY, a corporation; and CONTINENTAL INSURANCE COMPANY, a corporation, Defendants. Nos. 21880, 21888, 21897Supreme Court of South Dakota.Argued November 16, 2001. Opinion Filed January […]
CITY OF BRISTOL v. HORTER, 73 S.D. 398 (1950)
43 N.W.2d 543 CITY OF BRISTOL, Respondent, v. HORTER, Appellant CITY OF BRISTOL, Respondent, v. SANDSTROM, et al., Appellants File Nos. 9105-9106.Supreme Court of South Dakota. Opinion filed July 26, 1950. Page 399 Appeal from Circuit Court, Day County; Hon. Van Buren Perry, Judge. From adverse judgment in condemnation action, defendants appeal. Reversed with directions. […]
CITY OF WINNER v. BECHTOLD INVESTMENTS, 488 N.W.2d 416 (1992)
CITY OF WINNER, South Dakota, a Municipal Corporation, Plaintiff and Appellee, v. BECHTOLD INVESTMENTS, INC., a South Dakota Corporation, Defendant and Appellant. No. 17624.Supreme Court of South Dakota.Considered on Briefs April 20, 1992. Decided July 1, 1992. Appeal from the Sixth Judicial Circuit Court, Tripp County, Max A. Gors, J. Page 417 Stanley E. Whiting […]
MATTER OF SOLID WASTE DISPOSAL, ETC., 295 N.W.2d 328 (1980)
In the Matter of the SOLID WASTE DISPOSAL PERMIT APPLICATION OF the COUNTY OF CLAY AND the CITY OF VERMILLION For a Site Located at the North 890 Feet of the East 660 Feet of the Southwest Quarter (SW 1/4) of the Northwest Quarter (NW 1/4), Section 34, Township 93, North Range 52 West of […]
AMERICAN BANK TRUST v. SHAULL, 2004 SD 40
678 N.W.2d 779 AMERICAN BANK TRUST, A South Dakota banking corporation, Plaintiffs and Appellees, and SOUTH DAKOTA WHEAT GROWERS ASSOCIATION, Plaintiffs, v. NATHAN SHAULL and DEBORAH SHAULL, d/b/a HIGHMORE AUCTION SALES, Defendants, and FIN-AG, INC., Defendant and Appellee, and AGSTAR FINANCIAL SERVICES, PCA and FELDMAN BROTHERS, Defendants and Appellants. No. 22627Supreme Court of South Dakota.Argued […]
MATTER OF SIMPSON, 500 N.W.2d 624 (1993)
In the Matter of the STATE SALES TAX LIABILITY OF John J. SIMPSON, Attorney. Nos. 18015, 18026.Supreme Court of South Dakota.Argued January 12, 1993. Decided May 19, 1993. Appeal from the Sixth Judicial Circuit Court, Tripp County, Jeff W. Davis, J. John J. Simpson, pro se. Mark Barnett, Atty. Gen., Timothy T. Weber, Dept. of […]
STATE v. OLSON, 82 S.D. 605 (1967)
152 N.W.2d 176 STATE, Respondent v. OLSON, Appellant File No. 10458.Supreme Court of South Dakota. Opinion filed July 19, 1967 (Original Proceeding) 1. Bail. Primary purposes of bail in criminal case are to relieve accused from imprisonment, the state of burden of keeping him pending trial on appeal and at same time to keep him […]
LIGHT v. ELLIOTT, 295 N.W.2d 724 (1980)
C.E. LIGHT, Plaintiff and Appellee, v. Robert P. ELLIOTT, Individually and d/b/a Lewis Clark Marina, Defendant and Appellant, and Department of Game, Fish Parks, a Department of the State of South Dakota, Defendant. No. 12559.Supreme Court of South Dakota.Considered on Briefs May 16, 1979. On Reassignment September 3, 1980. Appeal from the Circuit Court, First […]
DUMARCE v. FIEBER’S DAIRY, 730 N.W.2d 149 (S.D. 2007)
Dumarce v. Fieber’s Dairy. No. 24119.Supreme Court of South Dakota. January 16, 2007. Abstracts of Summary Dispositions. Affirmed (RKR).
IN RE B.Y. DEVELOPMENT, 2010 SD 57
785 N.W.2d 296 In the Matter of the Application of B.Y. DEVELOPMENT, INC., a South Dakota Corporation, for Project Approval Deadwood Historic Preservation Office No. 07050. No. 25407.Supreme Court of South Dakota.Considered on Briefs April 26, 2010. Decided July 7, 2010. Appeal from the Circuit Court, Fourth Judicial Circuit, Lawrence County, Randall L. Macy, J. […]
STATE v. HENRY, 87 S.D. 454 (1973)
210 N.W.2d 169 STATE, Respondent v. HENRY, Appellant File No. 11153.Supreme Court of South Dakota. Opinion filed August 28, 1973 Page 455 Appeal from the Circuit Court of Pennington County; Hon. J.H. Bottum, Judge. Page 456 Donald R. Shultz, of Whiting, Lynn, Jackson, Shultz, IrelandLebrun, Rapid City, for defendant and appellant. Walter W. Andre, Asst. […]
STATE v. BELL, 369 N.W.2d 140 (1985)
STATE of South Dakota, Plaintiff and Appellee, v. Kenneth Charles BELL, Defendant and Appellant. No. 14725.Supreme Court of South Dakota.Considered on Briefs April 9, 1985. Decided June 12, 1985. Appeal from the Circuit Court, Second Judicial Circuit, Minnehaha County, Willam H. Heuermann, J. Page 141 Jeffrey P. Hallem, Asst. Atty. Gen., Pierre, for plaintiff and […]
HILDE v. FLOOD, 81 S.D. 25 (1964)
130 N.W.2d 100 HILDE, Respondent v. FLOOD, Appellant File No. 10103.Supreme Court of South Dakota. Opinion filed September 1, 1964 1. Joint Adventures. Relationship between parties who had engaged jointly for several years in operation of business of earth removal and installation of water and sewer facilities could be dissolved by decree of court. 2. […]
MATTER OF ESTATE OF CLYDE, 423 N.W.2d 513 (1988)
In the Matter of the ESTATE OF Geneve A. CLYDE, f/k/a Geneve A. McClure, Deceased. No. 15882.Supreme Court of South Dakota.Considered on Briefs March 22, 1988. Decided May 18, 1988. Appeal from the Circuit Court, Second Judicial Circuit, Minnehaha County, Gene Paul Kean, J. Page 514 Thomas W. Parliman of Thomas W. Parliman, P.C., Sioux […]
HAVENS v. HENNING, 418 N.W.2d 311 (1988)
Carol Henning HAVENS, Plaintiff and Appellee, v. Donald Melvin HENNING, Defendant and Appellant. No. 15661.Supreme Court of South Dakota.Considered on Briefs October 8, 1987. Decided January 20, 1988. Appeal from the Seventh Judicial Circuit Court, Pennington County, Merton B. Tice, Jr., J. Page 312 Ronald W. Banks and Wayne F. Gilbert of Banks, Johnson, Monserud, […]
BRUNICK v. BRUNICK, 405 N.W.2d 633 (1987)
Rene D. BRUNICK, Plaintiff and Appellant, v. Douglas W. BRUNICK, Defendant and Appellee. No. 15351.Supreme Court of South Dakota.Considered on Briefs November 20, 1986. Decided May 6, 1987. Appeal from the First Judicial Circuit Court, Clay County, Riley W. Connelly, J. Page 634 Craig A. Kennedy of Doyle and Kennedy, Yankton, for plaintiff and appellant; […]
STATE v. WATERS, 744 N.W.2d 77 (S.D. 2007)
State v. Waters. Nos. 24397, 24398.Supreme Court of South Dakota. November 13, 2007. Abstracts of Summary dispositions Affirmed (WJS).
WISSINK v. DeSTROET, 703 N.W.2d 172 (S.D. 2002)
WISSINK v. VAN DeSTROET. No. 22064.Supreme Court of South Dakota. February 19, 2002. Affirmed (WJS).
STATE v. MORRISON, 337 N.W.2d 825 (1983)
STATE of South Dakota, Plaintiff and Appellee, v. Ed MORRISON, Defendant and Appellant. No. 13773.Supreme Court of South Dakota.Considered on Briefs January 21, 1983. Decided August 24, 1983. Appeal from the Circuit Court, Seventh Judicial Circuit, Custer County, Roland E. Grosshans, J. Page 826 James Allen, Edgemont, for defendant and appellant. Mikal G. Hanson, Asst. […]
EARLEY v. EARLEY, 484 N.W.2d 125 (1992)
Roberta Jean EARLEY, Plaintiff and Appellant, v. George William EARLEY, Defendant and Appellee. Nos. 17472, 17485.Supreme Court of South Dakota.Considered on Briefs February 10, 1992. Decided April 29, 1992. Appeal from the Seventh Judicial Circuit Court, Pennington County, Roland Grosshans, J. Roberta Jean Earley, pro se. Page 126 Daniel L. Pahlke, Rapid City, for defendant […]
APPLICATION FOR ADMISSION OF GERDES, 789 N.W.2d 733 (S.D. 2010)
Application for Admission of Gerdes. No. 25549.Supreme Court of South Dakota. May 3, 2010. Abstracts of Summary Dispositions Affirmed (Brd of Bar Examiners)
JENNINGS v. RAPID CITY REGIONAL HOSP., 2011 SD 50
802 N.W.2d 918 Alfred JENNINGS, Dale Hayford, Roman Roberts, Rick Farley, Todd Carlson, Clay Rose, Leonard Feist, Kasey Coffield, Stanley Federkiewicz, William May, Dickie Kaiser, Dean Sorenson, Robert Koski, Mary Geersma, Charles Edwards, Donald Bertalot, Lynn Shuck, Susan Burnison, Kelvin Kiel, Charles Swanson, Charlotte Ward And Kenneth Mernaugh, Plaintiffs and Appellants, v. RAPID CITY REGIONAL […]
OLSON v. TULLEY, 722 N.W.2d 378 (S.D. 2006)
Olson v. Tulley. 23988.Supreme Court of South Dakota. September 05, 2006. Affirmed (MBT).
STATE v. LOGUE, 372 N.W.2d 151 (1985)
STATE of South Dakota, Plaintiff and Appellee, v. Steven LOGUE, Defendant and Appellant. No. 14729.Supreme Court of South Dakota.Argued April 9, 1985. Decided July 31, 1985. Appeal from the Circuit Court, Second Judicial Circuit, Minnehaha County, William H. Heuermann, J. Page 152 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF […]
ARNING v. HARTMAN MOTOR CO., 64 S.D. 524 (1936)
268 N.W. 698 ARNING, et al, Respondents, v. HARTMAN MOTOR COMPANY, Appellant. File No. 7928.Supreme Court of South Dakota. Opinion filed August 18, 1936. Landlord and Tenant. Lessee of premises used and occupied as garage, business office and automobile showroom held not justified in vacating premises on ground that lessor had permitted premises to fall […]