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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ENDRES v. ENDRES, 532 N.W.2d 65 (1995)

Joan S. ENDRES, Plaintiff and Appellee, v. Robert L. ENDRES, Defendant and Appellant. No. 18812.Supreme Court of South Dakota.Argued March 20, 1995. Decided May 17, 1995. Rehearing Denied June 26, 1995. Appeal from the Circuit Court, Third Judicial Circuit, Codington County, Robert L. Timm, J. Page 66 Lee R. Burd, Sioux Falls, for plaintiff and […]

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STATE v. SELALLA, 2008 SD 3

744 N.W.2d 802 STATE of South Dakota, Plaintiff and Appellee, v. Kevin Javier Ballesillo SELALLA, Defendant and Appellant. No. 24137.Supreme Court of South Dakota.Considered on Briefs March 19, 2007. Decided January 2, 2008. Appeal from the Circuit Court, Second Judicial Circuit, Minnehaha County, Peter H. Lieberman, J. Page 803 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. […]

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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 […]

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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 […]

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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, […]

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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 […]

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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. […]

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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 […]

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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 […]

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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 […]

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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 […]

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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 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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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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SPERLING v. McCOOK COUNTY, 73 S.D. 361 (1950)

43 N.W.2d 232 STATE ex rel. SPERLING, Respondent, v. BOARD OF COUNTY COMMISSIONERS OF McCOOK COUNTY, SOUTH DAKOTA et al., Defendants, and Burnham, Appellant. File No. 9130.Supreme Court of South Dakota. Opinion filed June 8, 1950. Appeal from Circuit Court of McCook County; Hon. John T. Medin, Judge. Petition for writ of certiorari to test […]

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PERSCHE v. JONES, 387 N.W.2d 32 (1986)

Matthew E. PERSCHE, Executor of the Estate of Ernest A. Persche, Also Known as Ernest Persche, Deceased; and Matthew E. Persche, Individually; and Erna Persche, Individually, Plaintiffs and Appellees, v. Arthur W. JONES, Individually, and the Tri-State National Bank, Defendants and Appellants. No. 14993.Supreme Court of South Dakota.Argued February 10, 1986. Decided April 30, 1986. […]

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IN RE MEHRER, 273 N.W.2d 194 (1979)

In re Michael Richard MEHRER. No. 12382.Supreme Court of South Dakota.Argued September 15, 1978. Decided January 5, 1979. Appeal from the Circuit Court, Hughes County, Sixth Judicial Circuit, Robert A. Miller, J. Page 195 Judith A. Atkinson, Asst. Atty. Gen., Pierre, for plaintiff and appellant, State of South Dakota; William J. Janklow, Atty. Gen., Pierre, […]

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BUHL v. BAK, 400 N.W.2d 903 (1987)

Harvey BUHL, G.R. Anderson, and Thomas M. Maher, individually and doing business as BAM, a partnership, Plaintiffs and Appellees, v. Robert BAK, Doing Business as Bak Construction, Defendant, and John Bothwell, Defendant and Appellant. No. 15113.Supreme Court of South Dakota.Considered on Briefs September 18, 1986. Decided February 18, 1987. Rehearing Denied March 30, 1987. Appeal […]

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DAKOTA, MN E.R. v. ACUITY, 2006 SD 72

720 N.W.2d 655 DAKOTA, MINNESOTA EASTERN RAILROAD CORPORATION, Plaintiff and Appellee, v. ACUITY, a Mutual Insurance Co. f/k/a Heritage Mutual Insurance Company, d/b/a Heritage Insurance, Defendant and Appellant. No. 23601.Supreme Court of South Dakota.Argued March 21, 2006. Decided August 9, 2006. Appeal from the Circuit Court, Third Judicial Circuit, Beadle County, Robert L. Timm, J. […]

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HEARTLAND STATE BANK v. AMERICAN BANK, 2010 SD 83

791 N.W.2d 638 HEARTLAND STATE BANK, a South Dakota Banking Corporation, Plaintiff and Appellant, v. AMERICAN BANK TRUST, a South Dakota Banking Corporation f/k/a Hand County State Bank, Defendant and Appellee. No. 25573.Supreme Court of South Dakota.Considered on Briefs August 24, 2010. Decided October 27, 2010. Appeal from the Circuit Court, Third Judicial Circuit, Hand […]

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