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 […]

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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 […]

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NORTHWESTERN PUBLIC SER. CO. v. HOUSING, ETC., 320 N.W.2d 515 (1982)

NORTHWESTERN PUBLIC SERVICE COMPANY, Plaintiff and Appellee, v. The HOUSING AND REDEVELOPMENT COMMISSION OF the CITY OF ABERDEEN, a.k.a. Aberdeen Housing Authority, Defendant and Appellant, and The Department of Revenue of the State of South Dakota, Defendant and Appellee. No. 13469.Supreme Court of South Dakota.Argued October 22, 1981. Decided June 9, 1982. Rehearing Denied July […]

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SHYKES v. RAPID CITY HILTON INN, 2000 SD 123

616 N.W.2d 493 CHONG C. SHYKES, Claimant and Appellant, v. RAPID CITY HILTON INN, Employer and Appellee, and Traveler’s Insurance Co., Insurer and Appellee, and Custom Packaging Systems, Inc., Employer and Appellee, and Traveler’s Insurance Co., Insurer and Appellee. No. 21108, 21109Supreme Court of South Dakota.Considered on Briefs February 14, 2000. Opinion Filed September 6, […]

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VANDER WERF v. ANDERSON, 86 S.D. 321 (1972)

195 N.W.2d 145 VANDER WERF, Respondent v. ANDERSON, Appellant File No. 10974.Supreme Court of South Dakota. Opinion filed March 1, 1972 Page 322 Appeal from the circuit court of Minnehaha County; Hon. Roy D. Burns, Judge. Sam W. Masten, Canton, for defendant and appellant. Simons, Gibbs Feyder by Frank P. Gibbs, Sioux Falls, for plaintiff […]

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STATE v. RECHTENBACH, 2002 SD 96

650 N.W.2d 290 STATE OF SOUTH DAKOTA, PLAINTIFF AND APPELLANT, v. SCOTT RECHTENBACH, DEFENDANT AND APPELLEE. No. 21865Supreme Court of South Dakota.Considered On Briefs On February 11, 2002. Opinion Filed August 7, 2002. Appeal From The Circuit Court Of The Fourth Judicial Circuit Lawrence County, South Dakota. The Honorable Timothy R. Johns Judge. Page 291 […]

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STATE v. RURUP, 272 N.W.2d 821 (1978)

STATE of South Dakota, Plaintiff and Respondent, v. William Joseph RURUP, Defendant and Appellant. No. 12465.Supreme Court of South Dakota.Argued November 17, 1978. Decided December 27, 1978. Appeal from the Circuit Court, Eighth Judicial Circuit, Meade County, R.E. Brandenburg and Leslie R. Hersrud, JJ. Page 822 B. Elizabeth Godtland Ganje, Asst. Atty. Gen., Pierre, for […]

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STATE v. ROBINSON, 469 N.W.2d 376 (1991)

STATE of South Dakota, Plaintiff and Appellee, v. Kendall M. ROBINSON, Defendant and Appellant. No. 17103.Supreme Court of South Dakota.Argued January 8, 1991. Decided April 24, 1991. Appeal from the Circuit Court, Sixth Judicial Circuit, Hughes County, James W. Anderson, J. Page 377 Mark A. Moreno, Hughes County States Atty., Thomas H. Harmon, Asst. Atty. […]

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STATE v. COZAD, 70 S.D. 193 (1944)

16 N.W.2d 484 STATE, ex rel. RICE, et al., Appellants, v. COZAD, Respondent File No. 8664.Supreme Court of South Dakota. Opinion filed November 20, 1944. 1. Appeal and Error. Appellee to sustain his judgment may urge on appeal the objections raised in the trial court. 2. Contempt. In a proceeding for an adjudication that conduct […]

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STATE v. SORENSON, 1999 SD 84

597 N.W.2d 682 STATE OF SOUTH DAKOTA, Plaintiff and Appellant, v. SHAY L. SORENSEN, Dennis A. Hawk, Defendants and Appellees. Supreme Court of South Dakota.Considered on Briefs April 26, 1999 Opinion Filed July 7, 1999. Appeals from the First Judicial Circuit, Bon Homme County, SD Hon. Lee A. Tappe, Judge, #20548, #20549 — Reversed. Mark […]

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ZENS v. CHICAGO, MILWAUKEE, ST. PAUL PAC., 479 N.W.2d 155 (1991)

James R. ZENS and Darlene K. Zens, Plaintiffs and Appellants, v. CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC RAILROAD COMPANY, and Aberdeen Township, Defendants/Appellees Third-Party Plaintiffs, v. MAJESTIC CONTRACTORS LTD., formerly Majestic Wiley Contractors, Ltd., a corporation, Third-Party Defendants. No. 17349.Supreme Court of South Dakota.Considered on Briefs September 9, 1991. Decided December 18, 1991. Appeal from […]

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STATE v. DAVIS, 458 N.W.2d 812 (1990)

STATE of South Dakota, Plaintiff and Appellee, v. Gene A. DAVIS, Sr., Defendant and Appellant. No. 16739.Supreme Court of South Dakota.Considered on Briefs January 11, 1990. Decided August 1, 1990. Appeal from the Seventh Judicial Circuit Court, Pennington County, Roland E. Grosshans, J. Roger A. Tellinghuisen, Atty. Gen., David D. Wiest, Asst. Atty. Gen., Pierre, […]

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GROSS v. SOLEM, 446 N.W.2d 49 (1989)

Edward J. GROSS, Petitioner and Appellant, v. Herman SOLEM, Respondent and Appellee. No. 16126.Supreme Court of South Dakota.Argued February 14, 1989. Decided September 6, 1989. Appeal from the Circuit Court, First Judicial Circuit, Union County, Paul J. Kern, J. Page 50 Thomas Harmon, Deputy Atty. Gen., Pierre, for respondent and appellee; Roger A. Tellinghuisen Atty. […]

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STATE v. GROOMS, 85 S.D. 532 (1971)

186 N.W.2d 889 STATE, Respondent v. GROOMS, Appellant File No. 10825.Supreme Court of South Dakota. Opinion filed May 11, 1971 1. Criminal Law. Instruction in manslaughter prosecution as to presumption that a defendant is conscious of his acts and as to effect of such presumption if other evidence is produced on subject was not prejudicial […]

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ROBERTS v. STELL, 367 N.W.2d 198 (1985)

Dorothy ROBERTS, Claimant and Appellant, v. Kermit STELL, d/b/a Best Western Motor Inn, Employer and Appellee, and United States Fidelity Guaranty, Insurer and Appellee. No. 14798.Supreme Court of South Dakota.Considered on Briefs March 6, 1985. Decided May 1, 1985. Appeal from the Circuit Court, Eighth Judicial Circuit, Lawrence County, Warren G. Johnson,J. Jerry C. Rachetto […]

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WESTERN MATERIAL CO. v. DELTENER, 64 S.D. 62 (1935)

264 N.W. 207 WESTERN MATERIAL COMPANY, Respondent. v. DELTENER, et al, Appellants. File No. 7826.Supreme Court of South Dakota. Opinion filed December 21, 1935. 1. Highways. Rental of equipment used in construction of highway held within contractor’s bond conditioned to pay all claims for materials, supplies, food, tools, appliance, and labor and all other just […]

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BARNES v. STOUT, 65 S.D. 592 (1937)

276 N.W. 920 BARNES, et al, Appellants, v. STOUT, Secretary of Agriculture, et al, Respondents. File No. 8114.Supreme Court of South Dakota. Opinion filed December 24, 1937. 1. Licenses. Whether tax is property tax or excise tax must be ascertained in each case by incidents of tax. 2. Licenses. The character of a tax as […]

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STATE v. HERRALD, 269 N.W.2d 776 (1978)

STATE of South Dakota, Plaintiff and Respondent, v. Richard HERRALD, Defendant and Appellant. No. 12170.Supreme Court of South Dakota.Submitted on Briefs May 11, 1978. Decided September 6, 1978. Appeal from the Circuit Court, Seventh Judicial Circuit, Pennington County, Merton B. Tice, Jr., J. Page 777 Peter H. Lieberman, Asst. Atty. Gen., Pierre, for plaintiff and […]

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LUKEN v. CITY OF COLMAN, 65 S.D. 585 (1937)

276 N.W. 727 LUKEN, et al, Respondents, v. CITY OF COLMAN, Appellant. File No. 8034.Supreme Court of South Dakota. Opinion filed December 24, 1937. Appeal from Circuit Court, Moody County; HON. JOHN T. MEDIN, Judge. Rice Rice, of Flandreau, and Dougherty Flood, of Sioux Falls, for Appellant. Loren G. Atherton, of Flandreau, for Respondents. PER […]

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SOMERVILLE v. SOMERVILLE, 64 S.D. 238 (1936)

266 N.W. 158 In the Matter of SOMERVILLE’S Estate SOMERVILLE, Respondent, v. SOMERVILLE, Appellant. File No. 7814.Supreme Court of South Dakota. Opinion filed March 30, 1936. 1. Executors and Administrators. Widow’s allowance is merely preferred claim against estate of deceased, and may be waived like any other claim. 2. Executors and Administrators. Antenuptial agreement wherein […]

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PEOPLE IN INTEREST OF M.W., 374 N.W.2d 889 (1985)

The PEOPLE of the State of South Dakota In the Interest of M.W. a/k/a M.V.G., a Child, and Concerning S.W., S.V.G., and J.V.G., Respondents. No. 14691.Supreme Court of South Dakota.Argued April 11, 1985. Decided September 25, 1985. Appeal from the Circuit Court, Sixth Judicial District, Bennett County, Robert A. Miller, J. Page 890 [EDITORS’ NOTE: […]

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APPLICATION OF B.Y. DEVELOPMENT, INC., 2000 SD 102

615 N.W.2d 604 Application of B.Y. Development, Inc. No. 21104Supreme Court of South Dakota.Considered on Briefs March 20, 2000. Opinion Filed August 2, 2000. Appeal from the Sixth Judicial Circuit, Hughes County, SD Hon. Steven L. Zinter, Judge, #21104 — Affirmed. Page 605 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT […]

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PESICKA v. PESICKA, 2000 SD 137

618 N.W.2d 725 BETTY ANN PESICKA, Plaintiff and Appellant, v. GERALD GARY PESICKA, Defendant and Appellee. No. 21303Supreme Court of South Dakota.Considered on Briefs September 18, 2000. Opinion Filed November 1, 2000. Appeal from the First Judicial Circuit, Yankton County, SD Hon. Arthur L. Rusch, Judge, #21303 — Affirmed Patrick M. Ginsbach, Farrell, Farrell Ginsbach, […]

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BANNER HEALTH SYSTEM v. LONG, 2003 SD 60

663 N.W.2d 242 BANNER HEALTH SYSTEM, Plaintiff, v. LAWRENCE E. LONG, in his official capacity as Attorney General of South Dakota, Defendant. No. 22543Supreme Court of South Dakota.Argued March 24, 2003. Opinion Filed May 21, 2003. Certification Of Question Of Law From The United States District Court For The District Of South Dakota, Western Division, […]

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MALCOLM v. MALCOLM, 365 N.W.2d 863 (1985)

Sharon R. MALCOLM, Plaintiff and Appellant, v. Kirk G. MALCOLM, Defendant and Appellee. No. 14661.Supreme Court of South Dakota.Considered on Briefs February 6, 1985. Decided April 3, 1985. Appeal from the Circuit Court for the Eighth Judicial Circuit, Meade County, South Dakota, Scott C. Moses, J. Roger A. Coffield of Carr, Zastrow Pluimer, Belle Fourche, […]

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DREW v. STANTON, 1999 SD 151

603 N.W.2d 79 CONNIE DREW, Plaintiff and Appellant, v. TOM STANTON and MARY STANTON, Defendants, and Costello, Porter, Hill, Heisterkamp Bushnell, Defendant and Appellee. 20771Supreme Court of South Dakota.Argued September 16, 1999. Opinion Filed December 8, 1999. Appeal from the Seventh Judicial Circuit, Pennington County, SD Hon. Lee D. Anderson, Judge, #20771 — Affirmed. Page […]

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FARMERS UNION COOP v. SCHLADWEILER BROS., 448 N.W.2d 650 (1989)

FARMERS UNION COOP ASSOCIATION, Plaintiff and Appellee, v. SCHLADWEILER BROTHERS, INC., Defendant, and Blendon Township and Davison County, South Dakota, Garnishees, James Schladweiler, Intervenor and Appellant. No. 16526.Supreme Court of South Dakota.Considered on Briefs October 19, 1989. Decided November 29, 1989. Appeal from the Circuit Court, Fourth Judicial Circuit, Davison County, Marshall Gerken, J. Lee […]

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STAVIG v. STAVIG, 2009 SD 89

774 N.W.2d 454 Troy STAVIG, Plaintiff and Appellee, v. Jessica STAVIG, Defendant and Appellant. No. 25021.Supreme Court of South Dakota.Considered on Briefs August 24, 2009. Decided September 30, 2009. Appeal from the Circuit Court, Third Judicial Circuit, Codington County, Ronald K. Roehr, J. Page 455 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN […]

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MATTHEWS v. LINN, 78 S.D. 203 (1959)

99 N.W.2d 885 MATTHEWS, Respondent v. LINN, Appellant File No. 9775.Supreme Court of South Dakota. Opinion filed December 22, 1959 Page 204 Appeal from Circuit Court, Minnehaha County; Hon. Roy D. Burns, Judge. Action to enjoin the Commissioner of School and Public Lands of the State of South Dakota from making sales of school lands […]

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SCIRICA v. STATE, 265 N.W.2d 893 (1978)

Ronald Jeffery SCIRICA, Petitioner and Appellant, v. STATE of South Dakota, Respondent. No. 12305.Supreme Court of South Dakota. May 18, 1978. Appeal from the Circuit Court of the Second Judicial Circuit, Minnehaha County, William H. Heuermann, J. Page 894 Timothy J. McGreevy of Dana, Golden, Moore Rasmussen, Sioux Falls, for petitioner and appellant. Leann Larson […]

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ABSTRACTS OF SUMMARY DISPOSITIONS, 570 N.W.2d 383 (1998)

Supreme Court of South Dakota. FISCAL YEAR 1998 (First 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 […]

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HOWE v. COMM. OF MOTOR VEHICLES, 82 S.D. 496 (1967)

149 N.W.2d 324 HOWE, Appellant v. COMMISSIONER OF MOTOR VEHICLES, Respondent File No. 10325.Supreme Court of South Dakota. Opinion filed March 14, 1967 1. Automobiles. Hearing in circuit court is trial de novo where testimony is required on which court makes its own independent determination of whether driver’s license is subject to revocation under Implied […]

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PETERS v. BARKER LITTLE, INC., 2009 SD 82

772 N.W.2d 657 LAURA PETERS, Plaintiff and Appellee, v. BARKER LITTLE, INC., Defendant and Appellant. No. 24948.Supreme Court of South Dakota.Considered on Briefs on March 24, 2009. Reassigned July 6, 2009. Decided September 2, 2009. Page 658 Appeal from the Circuit Court Seventh Judicial Circuit Pennington County, South Dakota, Honorable Jeff W. Davis J. TODD […]

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STATE v. MYERS, 464 N.W.2d 608 (1990)

STATE of South Dakota, Plaintiff and Appellee. v. Thomas F. MYERS, Defendant and Appellant. No. 16985.Supreme Court of South Dakota.Considered on Briefs September 21, 1990. Decided December 19, 1990. Appeal from the Circuit Court of the Seventh Judicial District, Pennington county, South Dakota, Roland E. Grosshans, J. Jeffrey P. Hallem, Asst. Atty. Gen., Pierre (Roger […]

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COSTAIN v. TURNER COUNTY, 72 S.D. 427 (1949)

36 N.W.2d 382 COSTAIN, et al, Respondents, v. TURNER COUNTY, Appellant File No. 8973.Supreme Court of South Dakota. Opinion filed February 28, 1949. 1. Highways. Under federal statute granting right of way for construction of highways over public lands, and territorial statutes, declaring all section lines public highways, and providing that such highways shall be […]

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IN RE REENACTMENT OF SDCL 16-12B-1.3, 03-17 (S.D. 9-29-2003)

IN THE MATTER OF THE REENACTMENT OF SDCL 16-12B-1.3 No. 03-17Supreme Court of South Dakota. September 29, 2003 David Gilbertson, Chief Justice A hearing having been held on August 28, 2003 at Pierre, South Dakota, relating to the repeal of SDCL 16-12A-4.1 and reenactment at SDCL 16-12B-1.3, and the Court having considered the proposed repeal […]

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DELZER CONST. CO. v. SOUTH DAKOTA STATE BD., 275 N.W.2d 352 (1979)

DELZER CONSTRUCTION CO., Plaintiff and Respondent, v. SOUTH DAKOTA STATE BOARD OF TRANSPORTATION, Defendant and Appellant. No. 12229.Supreme Court of South Dakota. February 15, 1979. Appeal from the Circuit Court, Seventh Judicial Circuit, Pennington County, Frank E. Henderson, J. Page 353 Edward C. Carpenter of Costello, Porter, Hill, Nelson, Heisterkamp Bushnell, Rapid City, for plaintiff […]

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DORIAN v. JOHNSON, 297 N.W.2d 175 (1980)

Willard Lynn DORIAN, Sr., As Guardian Ad Litem for Willard Lynn Dorian, Jr., a minor, and for all others similarly situated, Plaintiff and Appellant, v. William D. JOHNSON, Director, Bureau of Vital Statistics, State of South Dakota, in his official capacity; Judith K. Call, Secretary of Health, in her official capacity; and their agents, assigns, […]

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ABDNER v. RYAN, 67 S.D. 87 (1939)

289 N.W. 89 ABDNER, Respondent, v. RYAN, et al, Appellants File No. 8231.Supreme Court of South Dakota. Opinion filed December 12, 1939. Appeal from Circuit Court, Mellette County; Hon. J.R. Cash, Judge. Tom Donahue, of White River, and Sutherland Payne, of Pierre, for Appellants. M.Q. Sharpe, of Kennebec, for Respondent. PER CURIAM. The appeal in […]

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STATE EX REL. STRENGE ET AL. v. WESTLING ET AL., 81 S.D. 34 (1964)

130 N.W.2d 109 STATE ex rel. STRENGE et al., Appellants v. WESTLING et al., Respondents File No. 10123.Supreme Court of South Dakota. Opinion filed September 8, 1964 Rehearing denied October 9, 1964 1. Municipal Corporations. The 1961 statute granting to municipalities and the electors thereof the power at second election to rescind a previous vote […]

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SUMMERWILL v. GRAF, 59 S.D. 119 (1931)

238 N.W. 302 SUMMERWILL, Appellant, v. GRAF, Respondent. File No. 7116.Supreme Court of South Dakota. Opinion filed October 19, 1931. Appeal from Circuit Court, Hughes County; HON. JOHN F. HUGHES, Judge. Will G. Robinson, of Pierre, for Appellant. Martens Goldsmith, of Pierre, for Respondent. PER CURIAM. Defendant demurred to the first cause of action set […]

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ELKJER v. CITY OF RAPID CITY, 2005 SD 45

695 N.W.2d 235 David ELKJER and Cindi Elkjer, Plaintiffs and Appellants, v. CITY OF RAPID CITY, South Dakota, a municipal corporation, Defendant and Appellee. No. 23341.Supreme Court of South Dakota.Argued on February 16, 2005. Decided March 30, 2005. Appeal from the Seventh Judicial Circuit Court, Pennington County, Merton B. Tice, Jr., J. Page 236 Larry […]

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MATTER OF ESTATE OF PEJSA, 459 N.W.2d 243 (1990)

In the Matter of the ESTATE OF Frank PEJSA, a/k/a Frank C. Pejsa, Deceased. No. 16697.Supreme Court of South Dakota.Submitted on Briefs November 27, 1989. Decided July 18, 1990. Appeal from the Circuit Court of the Sixth Judicial Circuit, Gregory County, Marvin S. Talbott, J. J.M. Grossenburg, Day Grossenburg, Winner, for appellant, the Estate of […]

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TRIPP v. MID-WEST INVESTMENT CO., 62 S.D. 602 (1934)

255 N.W. 805 TRIPP, Respondent, v. THE MID-WEST INVESTMENT CO., et al, Appellants. File Nos. 7645-7648.Supreme Court of South Dakota. Opinion filed June 29, 1934. 1. Appeal and Error. In suit to rescind transaction wherein plaintiff delivered mortgage note in part payment of certain corporate stock, alleged innocent purchaser of mortgage note held entitled to […]

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ROBY v. CITY OF MITCHELL, 382 N.W.2d 37 (1986)

Ray L. ROBY, Plaintiff and Appellant v. CITY OF MITCHELL, Davison County, South Dakota; Clarence J. Toman; Dorothy M. Toman; Harold E. Schlimgen; DeVon B. Schlimgen; Robert H. Spensley; Margaret L. Spensley; Floyd Briggs; Dennis L. Berg; and JoAnn M. Berg, Defendants and Appellees. 14936.Supreme Court of South Dakota.Argued January 13, 1986. Decided February 19, […]

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NORTH STAR MUT. INS. CO. v. KNEEN, 484 N.W.2d 908 (1992)

NORTH STAR MUTUAL INSURANCE COMPANY, Plaintiff and Appellant, v. Patricia E. KNEEN and Arthur E. Kneen, Defendants and Appellees. Nos. 17561, 17569.Supreme Court of South Dakota.Considered on Briefs December 3, 1991. Decided May 6, 1992. Appeal from the Circuit Court, Fourth Judicial Circuit, Sanborn County, Ronald K. Miller, J. Page 909 Michael J. Schaffer, Marie […]

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STATE v. ROSE, 324 N.W.2d 894 (1982)

STATE of South Dakota, Plaintiff and Appellee, v. Richard ROSE, Defendant and Appellant. No. 13628.Supreme Court of South Dakota.September 7, 1982. Decided October 13, 1982. Appeal from the Circuit Court, Seventh Judicial Circuit, Pennington County, Thomas Parker, J. Douglas E. Kludt, Asst. Atty. Gen., Pierre, for plaintiff and appellee; Mark V. Meierhenry, Atty. Gen., Pierre, […]

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UNITED GUARANTY COMMERCIAL INS. v. MAKENS, 301 N.W.2d 427 (1981)

UNITED GUARANTY COMMERCIAL INSURANCE COMPANY, Plaintiff and Appellant, v. John J. MAKENS, Gene Hartman, and Charles Larkin, Jr., Defendants and Appellees. No. 13151.Supreme Court of South Dakota.Argued October 16, 1980. Decided February 4, 1981. Appeal from the Third Judicial Circuit Court, Clark County, Vernon C. Evans, J. John A. Schaeffer, Flandreau, Patrick R. Grady of […]

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JAGER v. RAMONA BD. OF EDUC., 444 N.W.2d 21 (1989)

Mary JAGER, Plaintiff and Appellee, v. RAMONA BOARD OF EDUCATION, RAMONA SCHOOL DISTRICT, Defendant and Appellant. No. 16450.Supreme Court of South Dakota.Considered on Briefs May 24, 1989. Decided July 12, 1989. Appeal from the Circuit Court of the Fourth Judicial Circuit, Lake County, Tim D. Tucker, J. Page 22 Karen E. Schreier of Hagen Wilka, […]

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FIRST STATE BANK OF SINAI v. HYLAND, 399 N.W.2d 894 (1987)

FIRST STATE BANK OF SINAI, a South Dakota Banking Corporation, Plaintiff and Appellant, v. Mervin HYLAND, Defendant and Appellee. No. 15276.Supreme Court of South Dakota.Argued October 21, 1986. Decided January 21, 1987. Appeal from the Fourth Judicial Circuit Court, Lake County, Thomas L. Anderst, J. Jerome B. Lammers of Lammers, Lammers, Kleibacker Casey, Madison, for […]

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APPLICATION OF DUTRO, 83 S.D. 168 (1968)

156 N.W.2d 771 APPLICATION OF DUTRO File No. 10476.Supreme Court of South Dakota. Opinion filed February 16, 1968 Page 169 Appeal from Circuit Court, Minnehaha County; Hon. Francis G. Dunn, Judge. Davenport, Evans, Hurwitz Smith, Carleton R. Hoy, Sioux Falls, for appellant. Frank L. Farrar, Atty. Gen., Walter W. Andre, Asst. Atty. Gen., Pierre, for […]

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DARTT v. BERGHORST, 484 N.W.2d 891 (1992)

Burton DARTT, Plaintiff and Appellee, v. Henry BERGHORST, and Midwest Transport, Inc., Defendants and Appellants. No. 17526.Supreme Court of South Dakota.Considered on Briefs January 15, 1992. Decided April 29, 1992. Appeal from the Seventh Judicial Circuit Court, Pennington County, Merton B. Tice, Jr., J. Page 892 Jon J. LaFleur, LaFleur, LaFleur LaFleur, Rapid City, for […]

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DOUVILLE v. CHRISTENSEN, 2002 SD 33

641 N.W.2d 651 ROBERT DOUVILLE, Plaintiff and Appellant, v. RUSS CHRISTENSEN, STEVE HARTMAN, and DONALD RANDALL, in their capacity as Township Supervisors of Brule Township and MILO SPECKELS, ROBERT FELTMAN, and JOHN GLAUS, in their capacity as Township Supervisors of Chamberlain, Township, Brule County, South Dakota, Defendants and Appellees. No. 21908Supreme Court of South Dakota.Argued […]

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STATE HIGHWAY COMM. v. MILLER ET AL., 83 S.D. 124 (1968)

155 N.W.2d 780 STATE HIGHWAY COMMISSION, Appellant v. MILLER et al., Respondents File No. 10421.Supreme Court of South Dakota. Opinion filed January 23, 1968 Page 125 Appeal from Circuit Court, Aurora County; Hon. George W. Wuest, Judge. Page 126 Frank L. Farrar, Atty. Gen., Robert A. Amundson, Sp. Asst. Atty. Gen., Pierre, for plaintiff and […]

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FULLER v. FULLER, 312 N.W.2d 729 (1981)

John FULLER, Plaintiff and Appellant, v. Mary FULLER, Defendant and Appellee. No. 13229.Supreme Court of South Dakota.Considered on Briefs April 21, 1981. Decided December 2, 1981. Appeal from the Circuit Court of the Second Judicial Circuit, Minnehaha County, R.J. Patterson, J. Page 730 Gary P. Thimsen of Woods, Fuller, Shultz Smith, Sioux Falls, for plaintiff […]

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SPRINGFIELD INS. CO. v. EXCESS U/W, 81 S.D. 364 (1965)

135 N.W.2d 722 SPRINGFIELD INSURANCE COMPANY, Respondent v. EXCESS UNDERWRITERS, INC., et al., Appellants File No. 10164.Supreme Court of South Dakota. Opinion filed June 10, 1965 1. Insurance. A certificate of excess insurance issued by agent or broker for insurers was not contract by foreign corporation with resident of South Dakota to be performed in […]

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STUGELMAYER v. ULMER, 260 N.W.2d 236 (1977)

Keith STUGELMAYER, Plaintiff, Appellant and Cross-Respondent, v. Edgar D. ULMER and Mercedes M. Ulmer, husband and wife, Defendants, Respondents and Cross-Appellants. Nos. 11943, 11944.Supreme Court of South Dakota.Argued June 10, 1977. Decided December 7, 1977. Appeal from the Circuit Court, Fifth Judicial Circuit, McPherson County, Philo Hall, J. Page 237 Michael T. Hogan and Thomas […]

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WHITNEY v. AGSCO DAKOTA, 453 N.W.2d 847 (1990)

Delton R. WHITNEY, Plaintiff and Appellant, v. AGSCO DAKOTA, Employer, and Northbrook Property and Casualty, Insurer, Defendants and Appellees. No. 16757.Supreme Court of South Dakota.Argued January 10, 1990. Decided April 4, 1990. Appeal from the Circuit Court, Seventh Judicial Circuit, Pennington County, John K. Konenkamp, J. Page 848 William Jason Groves, Rapid City, for plaintiff […]

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STATE EX REL WAGNER v. CIRCUIT COURT, 60 S.D. 115 (1932)

244 N.W. 100 STATE ex rel WAGNER, Plaintiff, v. CIRCUIT COURT OF MINNEHAHA COUNTY, et al, Defendants. File No. 7463.Supreme Court of South Dakota. Opinion filed August 15, 1932. 1. Criminal Law. Court may compel state to permit defendant to inspect its evidential matter (Rev. Code 1919, §§ 2712, 4880). 2. Criminal Law. Certiorari presenting […]

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STATE v. LAMBERT, 60 S.D. 172 (1932)

244 N.W. 118 STATE, Appellant, v. LAMBERT, Respondent. File No. 7396.Supreme Court of South Dakota. Opinion filed September 1, 1932. 1. Criminal Law. Trial court has considerable discretion in granting of new trial, and action, particularly when granting new trial, ought not to be interfered with in absence of clear abuse of discretion. 2. Criminal […]

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CITY OF MARION v. SCHOENWALD, 2001 SD 95

631 N.W.2d 213 CITY OF MARION, Plaintiff and Appellant, v. DIANE SCHOENWALD, Defendant and Appellee. No. 21587Supreme Court of South Dakota.Argued April 25, 2001. Opinion Filed July 18, 2001. Page 214 Appeal From the Circuit Court of the Second Judicial Circuit Turner County, South Dakota Honorable Kathleen K. Caldwell, Judge. Page 215 JEFFREY A. COLE […]

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DRAKE v. CITY OF MOBRIDGE, 60 S.D. 79 (1932)

243 N.W. 429 DRAKE, Respondent, v. CITY OF MOBRIDGE, Appellant. File No. 7247.Supreme Court of South Dakota. Opinion filed July 8, 1932. 1. Municipal Corporations. City must exercise ordinary care to keep streets in reasonably safe condition for travel. 2. Automobiles. City’s negligence in leaving opening in street after cleaning drain, without providing warning, held […]

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STATE v. SATTER, 1996 SD 9

543 N.W.2d 249 STATE of South Dakota, Plaintiff and Appellee, v. Steven Allan SATTER, Defendant and Appellant. No. 18574.Supreme Court of South Dakota.Considered on Briefs November 29, 1995. Decided January 31, 1996. Page 250 Appeal from the Circuit Court of the Third Judicial Circuit Codington County, South Dakota; Robert L. Timm, Judge. Mark Barnett, Attorney […]

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HINES v. HINES, 78 S.D. 502 (1960)

105 N.W.2d 70 HINES, Respondent v. HINES, Appellant File No. 9777.Supreme Court of South Dakota. Opinion filed September 22, 1960 Page 503 Appeal from Circuit Court, Meade County; Hon. Burton Penfold, Judge. Divorce action. From the entry of judgment granting husband divorce and custody of children to wife, husband appeals. Judgment reversed and remanded by […]

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CHAMBERS v. WILSON, 67 S.D. 495 (1940)

294 N.W. 180 CHAMBERS, Respondent, v. WILSON, et al, Appellants File No. 8344.Supreme Court of South Dakota.Opinion filed October 8, 1940. Rehearing Denied December 6, 1940. 1. Appeal and Error. Assignments of error not argued by appellants were deemed abandoned. 2. Trial. An objection to reception of any evidence because of failure of complaint to […]

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SWENSON v. BROWN, 2009 SD 64

771 N.W.2d 313 Gena Elizabeth SWENSON, Plaintiff and Appellant, v. Carrie Ella BROWN, Defendant and Appellee. No. 24999.Supreme Court of South Dakota.Considered on Briefs on April 27, 2009. Decided July 22, 2009. Appeal from the Circuit Court, First Judicial Circuit, Davison County, Sean M. O’Brien J. Chris A. Nipe of Larson Nipe, Mitchell, South Dakota, […]

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SIOUX FALLS SCHOOL DIST. v. KOUPAL, 526 N.W.2d 248 (1994)

SIOUX FALLS SCHOOL DISTRICT, Plaintiff and Appellee, v. Renee KOUPAL, Defendant and Appellant. No. 18670.Supreme Court of South Dakota.Argued September 12, 1994. Decided December 21, 1994. Rehearing Denied January 25, 1995. Appeal from the Circuit Court, Sixth Judicial Circuit, Hughes County, Steven L. Zinter, J. Page 249 Michael L. Luce of Davenport, Evans, Hurwitz Smith, […]

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