James F. WEBER, Plaintiff and Appellant, v. FIRST FEDERAL BANK, A Federal Savings Bank of Beresford, South Dakota, and Its Directors Dean Lindstrom, Olga Carlson and C. Wayne Erickson, Defendants and Appellees. No. 18569.Supreme Court of South Dakota.Considered on Briefs May 25, 1994. Reassigned September 2, 1994. Decided November 9, 1994. Appeal from the Circuit […]
Category: South Dakota Supreme Court Opinions
SUNFLOUR RAILROAD v. PAULSON, 2003 SD 122
670 N.W.2d 518 SUNFLOUR RAILROAD, INC., Plaintiff and Appellee, v. EUGENE PAULSON, and HEARTLAND ORGANIC FOODS, INC., a South Dakota Corporation, Defendants and Appellants. No. 22642Supreme Court of South Dakota.Considered On Briefs On August 25, 2003 Opinion Filed October 1, 2003 Appeal From The Circuit Court Of The Fifth Judicial Circuit Roberts County, South Dakota. […]
EIDE v. EIDE, 61 S.D. 127 (1933)
246 N.W. 246 EIDE, Respondent, v. EIDE, Appellant. File No. 7371.Supreme Court of South Dakota. Opinion filed December 30, 1932. Rehearing denied January 18, 1933. Husband and Wife. On motion for modification of judgment for separate maintenance wherein it was provided that husband earning $200 per month should pay wife $75 per month, trial court’s […]
STATE v. CHARLES, 2001 SD 67
628 N.W.2d 734 STATE OF SOUTH DAKOTA, Plaintiff and Appellee, v. DANIEL NEIL CHARLES a/k/a Daniel Heinzelman a/k/a Daniel Ingalls, Defendant and Appellant. No. 21526Supreme Court of South Dakota.Argued April 24, 2001. Opinion Filed May 30, 2001. Appeal from the Fourth Judicial Circuit, Meade County, S.D. [Formerly a part of the Eighth Judicial Circuit] Hon. […]
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 […]
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 […]
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 […]
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 […]
IN RE M.H., 793 N.W.2d 208 (S.D. 2010)
In re M.H. Nos. 25664, 25669.Supreme Court of South Dakota. December 23, 2010.[†] [†] Rehearing Denied February 1, 2011. Abstracts of Summary Dispositions Affirmed (KKC) Page 378
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 […]
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 […]
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 […]
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, […]
ESTES v. PABST, 694 N.W.2d 721 (S.D. 2004)
ESTES v. PABST. No. 23178.Supreme Court of South Dakota. October 12, 2004. Affirmed (APF).