Bernadette L. STEMPER, Plaintiff and Appellee, v. Kenneth C. STEMPER, Defendant and Appellant. No. 15232.Supreme Court of South Dakota.Considered on Briefs October 22, 1986. April 1, 1987. Appeal from the Circuit Court, Fourth Judicial Circuit, Davison County, Robert A. Miller, J. Page 406 John L. Morgan of Morgan, Theeler, Cogley, Padrnos Tucker, Mitchell, for plaintiff […]
Category: South Dakota Supreme Court Opinions
CANYON LAKE PARK v. LOFTUS DENTAL, 2005 SD 82
700 N.W.2d 729 CANYON LAKE PARK, L.L.C., a South Dakota Limited Liability Company, Plaintiff and Appellee, v. LOFTUS DENTAL, P.C., Ronald J. Loftus, Cheryl A. Loftus, and Leola Loftus Allen, Defendants and Appellants. No. 23379.Supreme Court of South Dakota.Considered on Briefs on April 25, 2005. Decided June 29, 2005. Appeal from the Circuit Court, Seventh […]
WAGNER v. TRUESDELL, 1998 SD 9
574 N.W.2d 627 Deloris E. WAGNER, Plaintiff and Appellant, v. Clifford TRUESDELL, Defendant and Appellee. No. 19790.Supreme Court of South Dakota.Considered on Briefs March 27, 1997. Reassigned October 29, 1997. Decided January 28, 1998. Appeal from the Circuit Court, Seventh Judicial Circuit, Pennington County, John E. Fitzgerald, Jr., J. Page 628 Stan H. Anker, Rapid […]
MATTSON v. RACHETTO, 1999 SD 51
591 N.W.2d 814 JON W. MATTSON and BARBARA MATTSON, Plaintiffs and Appellees, v. JERRY C. RACHETTO and JOAN RACHETTO, Defendants and Appellants. Supreme Court of South Dakota.Considered on Briefs February 24, 1999 Opinion Filed April 21, 1999. Appeal from the Eighth Judicial Circuit, Lawrence County, SD, Hon. James W. Anderson, Judge, #20543 — Affirmed. Page […]
BERRY v. RISDALL, 1998 SD 18
576 N.W.2d 1 Donna C. BERRY, Plaintiff and Appellee, v. Barry L. RISDALL, Defendant and Appellant. Nos. 20071, 20076.Supreme Court of South Dakota.Argued December 4, 1997. Decided February 25, 1998. Appeal from the Circuit Court, Seventh Judicial District, Pennington County, John E. Fitzgerald, Jr., J. Page 2 Jack Delaney and Rebecca Porter of Estes, Porter […]
FARM. TR. SAV. BK. v. BANNWORTH, 67 S.D. 95 (1940)
289 N.W. 423 FARMERS TRUST SAVINGS BANK, a Corporation, Respondent v. BANNWORTH, et al Appellants File No. 8284.Supreme Court of South Dakota.Opinion filed December 26, 1939. Rehearing Denied February 10, 1940. 1. Garnishment. Garnishee proceedings are purely statutory. Rev. Code 1919, § 2453. 2. Fraudulent Conveyances. The provision in garnishment statute that “property, moneys, credits, […]
SIOUX VALLEY HOSPITAL ASSOCIATION v. STATE, 519 N.W.2d 334 (1994)
SIOUX VALLEY HOSPITAL ASSOCIATION, a South Dakota Non-Profit Corporation, Plaintiff and Appellant, v. STATE of South Dakota, The South Dakota Department of Transportation and G. Homer Harding, the Treasurer of the State of South Dakota, Defendants and Appellees. No. 18546.Supreme Court of South Dakota.Submitted on Briefs April 27, 1994. Decided July 13, 1994. Appeal from […]
GARNER v. WILLERS, 75 S.D. 508 (1955)
68 N.W.2d 900 GARNER, Respondent v. WILLERS et al., Appellants File No. 9433.Supreme Court of South Dakota. Opinion filed March 9, 1955. 1. Commerce — Labor Relations. Where services performed by employee did not affect safety of operation of interstate motor carrier, Interstate Commerce Commission did not have power to establish qualifications and maximum hours […]
STATE v. WILLIS, 370 N.W.2d 193 (1985)
STATE of South Dakota, Plaintiff and Appellee, v. Kenneth A. WILLIS, Defendant and Appellant. No. 14644.Supreme Court of South Dakota.Argued April 11, 1985. Decided June 19, 1985. Appeal from the Circuit Court, Second Judicial Circuit, Minnehaha County, Robert C. Heege, J. Page 194 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT […]
STATE v. REMACLE, 386 N.W.2d 38 (1986)
STATE of South Dakota, Plaintiff and Appellee, v. Ronald J. REMACLE, Defendant and Appellant. No. 15012.Supreme Court of South Dakota.Considered on Briefs February 10, 1986. Decided April 16, 1986. Appeal from the Circuit Court, Fourth Judicial Circuit, Miner County, Thomas L. Anderst, J. Clair B. Ledbetter, Asst. Atty. Gen., Pierre, for plaintiff and appellee; Mark […]
COUNCIL OF HIGHER EDUC. v. BD. OF REGENTS, 2002 SD 55
645 N.W.2d 240 COUNCIL OF HIGHER EDUCATION, Petitioner and Appellee, v. SOUTH DAKOTA BOARD OF REGENTS, Respondent and Appellant. No. 21932, 21938Supreme Court of South Dakota.Considered On Briefs On November 13, 2001. Opinion Filed May 8, 2002. Appeal From The Ciruit Court Of The Sixth Judicial Circuit Hughes County, South Dakota. Honorable Steven L. Zinter […]
TISCHLER v. UNITED PARCEL SERVICE, 1996 SD 98
552 N.W.2d 597 Janet K. TISCHLER, Claimant and Appellant, v. UNITED PARCEL SERVICE, Employer, Defendant and Appellee, and Liberty Mutual Insurance Group, Insurer, Defendant and Appellee, and City of Rapid City, South Dakota, Employer, Defendant and Appellee, and South Dakota Municipal League Worker Compensation Fund, Insurer, Defendant and Appellee. Nos. 19481, 19494.Supreme Court of South […]
IN RE TDA, 703 N.W.2d 671 (S.D. 2003)
IN RE TDA. No. 22649.Supreme Court of South Dakota. September 8, 2003. Abstract of summary disposition Affirmed (BLM).
STATE v. BECKMAN, 694 N.W.2d 877 (S.D. 2005)
STATE v. BECKMAN. No. 23246, 23247.Supreme Court of South Dakota. February 22, 2005. Affirmed (RLT). Page 878
STATE v. BECK, 59 S.D. 207 (1931)
239 N.W. 185 STATE, Respondent, v. BECK, Appellant. File No. 6772.Supreme Court of South Dakota. Opinion filed November 10, 1931. 1. Courts. Where majority of court cannot agree upon reasons for action taken, opinions by the several judges can serve no useful purpose. 2. Courts. Where a majority of court believe that defendant did not […]
INSURANCE AGENTS, INC. v. ZIMMERMAN, 381 N.W.2d 218 (1986)
INSURANCE AGENTS, INC., Plaintiff and Appellee, v. Sam ZIMMERMAN, Defendant, and Joyce Zimmerman, Defendant and Appellant. No. 14768.Supreme Court of South Dakota.Considered on Briefs October 22, 1985. Decided January 22, 1986. Appeal from the Circuit Court, First Judicial Circuit, Union County, Jay H. Tapken, J. Page 219 Denis R. Eckert, Elk Point, for plaintiff and […]
FEDERAL LAND BANK OF OMAHA v. CARLSON, 411 N.W.2d 415 (1987)
The FEDERAL LAND BANK OF OMAHA, Plaintiff and Respondent, v. L. Melfred CARLSON and Kay E. Carlson, Defendants and Agnes M. Carlson, Defendant and Appellant. No. 15450.Supreme Court of South Dakota.Argued March 23, 1987. Decided August 26, 1987. Rehearing Granted October 20, 1987. Appeal from the Circuit Court, Eighth Judicial Circuit, Harding County, Robert L. […]
STATE v. MATTHEWS, 505 N.W.2d 129 (1993)
STATE of South Dakota, Plaintiff and Appellee, v. Jeffrey MATTHEWS, Defendant and Appellant. No. 18158.Supreme Court of South Dakota.Considered on Briefs May 26, 1993. Decided August 25, 1993. Appeal from the Second Judicial Circuit Court, Minnehaha County, Richard D. Hurd, J. Mark Barnett, Atty. Gen., Gary Campbell, Asst. Atty. Gen., Pierre, for plaintiff and appellee. […]
ALLEN v. McLAIN, 74 S.D. 646 (1953)
58 N.W.2d 232 ALLEN, Respondent, v. McLAIN, Appellant File No. 9307.Supreme Court of South Dakota. Opinion filed April 21, 1953. Appeal from Circuit Court, Minnehaha County; Hon. John T. Medin, Judge. Page 647 Judgment affirmed. Davenport, Evans, Hurwitz Smith, Sioux Falls, for Defendant and Appellant. Lacey Perry, Sioux Falls, for Plaintiff and Respondent. RUDOLPH, J. […]
ESTATE OF GASPAR v. VOGT, 2003 SD 126
670 N.W.2d 918 ESTATE OF MARCELLA M. GASPAR, JEROME C. BAUMBERGER and VINCENT BAUMBERGER, co-personal representatives, Plaintiffs and Appellees, v. VOGT, BROWN MERRY, a South Dakota partnership engaged in the practice of law, Defendant and Appellant. No. 22690Supreme Court of South Dakota.Considered On Briefs On August 25, 2003 Opinion Filed October 15, 2003 Appeal From […]
DANIELSON v. HESS, 2011 SD 82
TRENTON JAY DANIELSON, Plaintiff and Appellant, v. JAMES I. HESS, JAKE J. JANSEVICS, and MINITMAN, INC., A SOUTH DAKOTA CORPORATION, Defendants and Appellees. No. 25879Supreme Court of South Dakota.Considered on Briefs On August 23, 2011 Opinion Filed December 7, 2011 Appeal from the Circuit Court of the Fourth Judicial Circuit Lawrence County, South Dakota, The […]
SIOUX VALLEY HOSPITAL ASSOCIATION v. LAKE COUNTY, 533 N.W.2d 161 (1995)
SIOUX VALLEY HOSPITAL ASSOCIATION, a charitable corporation, Plaintiff and Appellee, v. LAKE COUNTY, South Dakota, Defendant and Appellant. No. 18918.Supreme Court of South Dakota.Considered on Briefs April 26, 1995. Decided June 14, 1995. Appeal from the Circuit Court, Fourth Judicial Circuit, Lake County, Tim D. Tucker, J. Page 162 Thomas M. Frankman of Davenport, Evans, […]
STATE v. ASHLEY, 459 N.W.2d 828 (1990)
STATE of South Dakota, Plaintiff and Appellee, v. Gary ASHLEY, Defendant and Appellant. No. 16944.Supreme Court of South Dakota.Considered on Briefs May 24, 1990. Decided August 1, 1990. Rehearing Denied September 7, 1990. Appeal from the Circuit Court, Sixth Judicial Circuit, Lyman County, Patrick J. McKeever, J. Frank Geaghan, Asst. Atty. Gen., Pierre, for plaintiff […]
STATE v. ARCHAMBEAU, 333 N.W.2d 807 (1983)
STATE of South Dakota, Plaintiff and Appellee, v. Louis T. ARCHAMBEAU, Defendant and Appellant. No. 13675.Supreme Court of South Dakota.Argued October 14, 1982. Decided April 27, 1983. Appeal from the Circuit Court, First Judicial Circuit, Clay County, Jay H. Tapken, J. Page 808 Douglas E. Kludt, Asst. Atty. Gen., Pierre, for plaintiff and appellee; Mark […]
MATTER OF Z.Z., 494 N.W.2d 608 (1992)
In the Matter of the Alleged Dependent and Neglected Status of Z.Z., a Minor Child, and concerning K.Z., parent. In the Matter of the GUARDIANSHIP OF Z.Z., a Minor. Nos. 17560, 17632.Supreme Court of South Dakota.Considered on Briefs February 12, 1992. Decided December 30, 1992. Appeal from the Circuit Court, Seventh Judicial Circuit, Fall River […]
STATE v. LOSIEAU, 266 N.W.2d 259 (1978)
STATE of South Dakota, Plaintiff and Respondent, v. Robert W. LOSIEAU, Defendant and Appellant. No. 12120.Supreme Court of South Dakota.Argued February 16, 1978. Decided May 25, 1978. Appeal from the Circuit Court, Fifth Judicial Circuit, Walworth County, Leland J. Berndt, J. Page 260 Peter H. Lieberman, Asst. Atty. Gen., Pierre, for plaintiff and respondent; William […]
MATTER OF B.R.B., 381 N.W.2d 283 (1986)
In the Matter of B.R.B., Alleged Dependent Child. No. 14647.Supreme Court of South Dakota.Considered on Briefs February 6, 1985. Decided February 5, 1986. Appeal from the Circuit Court, Second Judicial Circuit, Minnehaha County, William H. Heuermann, J. Page 284 Patrick M. Schroeder, Minnehaha County Public Defender Sioux Falls, for appellant, Mother. Janice Godtland, Asst. Atty. […]
WEST TWO RIVERS RANCH v. PENNINGTON CO., 1996 SD 70
549 N.W.2d 683 WEST TWO RIVERS RANCH, Appellant, v. PENNINGTON COUNTY, South Dakota, Appellee. WEST TWO RIVERS RANCH, Appellant, v. MEADE COUNTY, South Dakota, Appellee. Nos. 19142, 19230.Supreme Court of South Dakota.Considered on Briefs November 29, 1995. Decided June 12, 1996. Appeal from the Eighth Judicial Circuit Court, Meade County, Warren G. Johnson, J., and […]
STATE v. CUNDY, 86 S.D. 766 (1972)
201 N.W.2d 236 STATE, Appellant v. CUNDY, Respondent File No. 11084.Supreme Court of South Dakota. Opinion filed October 20, 1972 Order denying petition for rehearing November 29, 1972 Page 767 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 768 Appeal from circuit […]
STALLINGS v. OWENS, 2002 SD 63
646 N.W.2d 272 TROY STALLINGS, JANE SHORMA, and CREATIVE BUILDING CORPORATION, PLAINTIFFS AND APPELLANTS, v. LEYCESTER OWENS, JR., HELEN OWENS AND JAMES REYNOLDS, DEFENDANTS AND APPELLEES No. 21943Supreme Court of South Dakota.Argued On March 27, 2002. Opinion Filed May 22, 2002. Appeal From The Circuit Court Of The Second Judicial Circuit Minnehaha County, South Dakota. […]
MATTER OF ESTATE OF NELSON, 330 N.W.2d 151 (1983)
In the Matter of the ESTATE OF Mary O. NELSON, also known as Mary Olivia Nelson, Deceased. No. 13691. In the Matter of the GUARDIANSHIP OF Mary O. NELSON. No. 13745. No. 13691 No. 13745.Supreme Court of South Dakota.Argued October 13, 1982. Decided February 9, 1983. Appeal from the Circuit Court, Fifth Judicial Circuit, Roberts […]
ESTATE OF BODE, 273 N.W.2d 180 (1979)
In the Matter of the ESTATE of Anna C. BODE and Herman L. Bode. Gwenyfred A. BUSH, and Julia M. Hildreth, Objectors and Appellants, v. Emma MAY, Estella A. Swanson, Marvin L. Bode, Arnold P. Bode, Alma E. Bode, Walter F. Bode, John M. Bode, Harold Bode, Freida Carter and George Bode, Proponents and Respondents, […]
HAGEMANN v. NJS ENGINEERING, 2001 SD 102
632 N.W.2d 840 KELLI HAGEMANN, as Special Administratrix of the estate of CHAD HAGEMANN, deceased, and JASON SIMS, Plaintiffs, v. NJS ENGINEERING, INC., Defendant, and LAWRENCE COUNTY, a political subdivision of the state of South Dakota, the LAWRENCE COUNTY HIGHWAY DEPARTMENT, and CHARLES WILLIAMS, Lawrence County Highway Superintendent, Defendants, Third Party Complainants and Appellants, v. […]
JONES v. SULLY BUTTES SCHOOLS, 340 N.W.2d 697 (1983)
Coleta JONES, Plaintiff and Appellant, v. SULLY BUTTES SCHOOLS, Sully Buttes School District Board of Education, Defendant and Appellee. No. 14110.Supreme Court of South Dakota.Argued October 25, 1983. Decided November 30, 1983. Appeal from the Circuit Court, Sixth Judicial Circuit, Sully County, Donald L. Heck, J. Page 698 A.P. Fuller of Amundson Fuller, Lead, for […]
HOHN v. CIRCUIT COURT OF DAVISON CO., 64 S.D. 561 (1936)
269 N.W. 77 HOHN, Plaintiff, v. THE CIRCUIT COURT OF DAVISON COUNTY, et al, Defendants. File No. 8007.Supreme Court of South Dakota. Opinion filed September 29, 1936. 1. Statutes. As respects sufficiency of title of statute relating to contest of election, determination and announcement of result of an election by proper canvassing board, or other […]
STATE ETC. v. PIERRE IND. SCH. DIST. NO. 1, 272 N.W.2d 306 (1978)
STATE of South Dakota, Commission on Human Rights, ex rel. Nancy WEBB, Appellant, v. PIERRE INDEPENDENT SCHOOL DISTRICT NO. 1 and Time Insurance Company, Respondents. No. 12392.Supreme Court of South Dakota. December 7, 1978. Appeal from the Circuit Court, Sixth Judicial Circuit, Hughes County, Robert A. Miller, J. Page 307 Lori Scully, Asst. Atty. Gen., […]
STATE v. FRICK, 714 N.W.2d 898 (S.D. 2006)
STATE v. FRICK. No. 23599.Supreme Court of South Dakota. May 1, 2006. Affirmed (JMK).
SCHMELING v. JORGENSEN, 77 S.D. 8 (1957)
84 N.W.2d 558 SCHMELING, Appellant v. JORGENSEN, Respondent File No. 9605.Supreme Court of South Dakota. Opinion filed August 2, 1957 Page 9 Appeal from Circuit Court, Meade County; Hon. Burton Penfold, Judge. Judgment and order reversed. William M. Rensch, Rapid City, for Plaintiff-Appellant. Whiting, Lynn Freiberg, Rapid City, for Defendant-Respondent. SMITH, P.J. The complaint alleges […]
VIRONMENT, INC. v. LIGHT, 1999 SD 43
592 N.W.2d 600 VIRONMENT, INC., Plaintiff and Appellant, v. CHARLES E. LIGHT, Defendant and Appellee. Supreme Court of South Dakota.Considered on Briefs January 14, 1999; Opinion Filed April 7, 1999. Appeal from the First Judicial Circuit, Yankton County, SD, Hon. Lee A. Tappe, Judge, #20557 — Reversed. Dennis C. McFarland, Sioux Falls, SD, Attorney for […]
THOMAS v. SULLY COUNTY, 2001 SD 73
629 N.W.2d 590 HARRY THOMAS AND KAY THOMAS, Husband and Wife, and LOWELL WEST and CATHERINE WEST, Husband and Wife Plaintiffs and Appellants v. SULLY COUNTY, A Political Subdivision of the State of South Dakota Defendant and Appellee No. 21591Supreme Court of South Dakota.Considered on Briefs April 24, 2001. Opinion Filed June 6, 2001. Appeal […]
STATE FARM AUTO. INS. v. GERTSEMA, 2010 SD 8
778 N.W.2d 609 STATE FARM AUTOMOBILE INSURANCE COMPANY, Plaintiff and Appellee, v. William GERTSEMA, as Guardian ad litem for Shane Gertsema, a minor, Defendant and Tony Gertsema, as Guardian ad litem for Jozette Gertsema, a minor, Defendant and Appellant. No. 25077.Supreme Court of South Dakota.Argued October 5, 2009. Decided February 3, 2010. Appeal from the […]
BROWN v. NHRRA, 2007 SD 49
732 N.W.2d 732 Charles W. BROWN, Plaintiff and Appellant, v. NORTHERN HILLS REGIONAL RAILROAD AUTHORITY and State of South Dakota, Defendants and Appellees. Karl E. Eisenbacher; Douglas R. Hayes; Kristi Jo Hayes; John R. Miller; Jean Miller; Strawberry Hill Mining Company; Maurice Hoffman; Lawrence County, a political subdivision of the State of South Dakota; and […]
ACTION MECHANICAL v. THE DEADWOOD HISTORIC, 2002 SD 121
652 N.W.2d 742 ACTION MECHANICAL, INC., a South Dakota Corporation, Plaintiff and Appellee, v. THE DEADWOOD HISTORIC PRESERVATION COMMISSION; MITCH PECK, d/b/a TEMPERATURE CONTROL; RONALD DIGGES; DENNIS DIGGES; DONNA DIGGES, PEPSI COLA BOTTLING COMPANY; RC WESTERN MEATS; AND THE STATE OF SOUTH DAKOTA DEPARTMENT OF REVENUE, Defendants, and H N ELECTRIC, Defendant and Appellee, and […]
BOLAND v. CITY OF RAPID CITY, 315 N.W.2d 496 (1982)
Vincent H. BOLAND, Edna Kingsbury Boland and Combined Cases, Plaintiffs and Appellees, v. CITY OF RAPID CITY, a Municipal Corporation and County of Pennington, Defendants and Third-Party Plaintiffs and Appellants, v. STATE of South Dakota, Third-Party Defendant and Appellee. Nos. 13121-13131, 13204.Supreme Court of South Dakota.Argued January 14, 1981. Decided February 3, 1982. Rehearing Denied […]
STATE v. MOON, 514 N.W.2d 705 (1994)
STATE of South Dakota, Plaintiff and Appellee, v. James D. MOON, Defendant and Appellant. No. 18212.Supreme Court of South Dakota.Considered on Briefs September 3, 1993. Decided April 6, 1994. Appeal from the Circuit Court, First Judicial Circuit, Union County, Jay H. Tapken, J. Page 706 Mark Barnett, Atty. Gen., Joan Boos Schueller, Asst. Atty. Gen., […]
STATE v. WOOD, 65 S.D. 543 (1937)
276 N.W. 149 STATE, Respondent, v. WOOD, et al, Appellants. File No. 8098.Supreme Court of South Dakota. Opinion filed November 24, 1937. Larceny. Evidence that defendant owned automobile in which stolen chickens were hauled, but did not explain why his automobile was used, that after codefendant received check for chickens, defendant cashed it at bank, […]
GRAHAM v. STATE, 346 N.W.2d 433 (1984)
Floyd L. GRAHAM, Petitioner and Appellant, v. STATE of South Dakota, Respondent and Appellee. No. 14273.Supreme Court of South Dakota.Considered on Briefs February 16, 1984. Decided April 4, 1984. Appeal from the Circuit Court of the Second Judicial Circuit, Minnehaha County, William H. Heuermann, J. Page 434 Paul D. Stickney, Sioux Falls, for petitioner and […]
ADAM v. VAN BUREN, 315 N.W.2d 319 (1982)
Lenore Leann ADAM, Plaintiff and Appellee, v. Willie VAN BUREN, Defendant and Appellant. No. 13253.Supreme Court of South Dakota.Considered on Briefs April 21, 1981. Decided January 20, 1982. Appeal from the Circuit Court, Sixth Judicial Circuit, Gregory County, John B. Jones, J. Wally Eklund of Johnson, Johnson Eklund, Gregory, for plaintiff and appellee. Jack Gunvordahl […]
TAK v. SOUTH DAKOTA UNEMPY., 2007 SD 68
736 N.W.2d 840 TAK COMMUNICATIONS, Appellant, v. SOUTH DAKOTA UNEMPLOYMENT INSURANCE DIVISION, Appellee. No. 24343.Supreme Court of South Dakota.Considered on Briefs May 22, 2007. Decided July 11, 2007. Appeal from the Second Judicial Circuit Court, Minnehaha County, William J. Srstka, Jr., J. Craig A. Pfeifle of Lynn, Jackson, Shultz Lebrun, Rapid City, South Dakota, A. […]
KERR v. BASHAM, 64 S.D. 27 (1935)
264 N.W. 187 KERR, Respondent, v. BASHAM, Appellant. File No. 7782.Supreme Court of South Dakota. Opinion filed December 21, 1935. 1. Evidence. In death action, paper designated as notice of subrogation, found among files of action, in which indemnity company claimed to be subrogated to extent of compensation payments made by it to widow of […]
KEITH v. WILLERS TRUCK SERVICE, 64 S.D. 274 (1936)
266 N.W. 256 KEITH, Appellant, v. WILLERS TRUCK SERVICE, et al, Respondents. File No. 7883.Supreme Court of South Dakota. Opinion filed April 7, 1936. 1. Judgment. A second and different cause of action may be defeated by a former judgment because it conclusively adjudicates some essential facts or issue involved in the latter, but a […]
WABASHA v. LEAPLEY, 492 N.W.2d 610 (1992)
Elroy L. WABASHA, Petitioner and Appellant, v. Walter LEAPLEY, Warden of the South Dakota State Penitentiary, Appellee. Nos. 17696, 17753.Supreme Court of South Dakota.Considered on Briefs May 28, 1992. Decided November 10, 1992. Appeal from the Circuit Court of the Second Judicial Circuit, Minnehaha County, Gene Paul Kean, J. William Taylor and James Moore of […]
HAWTHORNE v. ARLT, 59 S.D. 76 (1931)
238 N.W. 153 HAWTHORNE, Respondent, v. ARLT, et al, Appellants. File No. 7246.Supreme Court of South Dakota. Opinion filed October 5, 1931. 1. Appeal and Error. Order denying defendant’s application for change of place of trial is “appealable order.” 2. Insurance. Statutory undertaking in claim and delivery action held not “policy of insurance” within venue […]
FIRST BANK OF SOUTH DAKOTA v. VonEYE, 425 N.W.2d 630 (1988)
FIRST BANK OF SOUTH DAKOTA (NATIONAL ASSOCIATION), MILLER, SOUTH DAKOTA, a Banking Corporation, Plaintiff and Appellee, v. Barney VonEYE and Evelyn Mae VonEye, Husband and Wife, Defendants and Appellants. and United States of America, acting through the Small Business Administration, Appellee. No. 15636.Supreme Court of South Dakota.Argued September 3, 1987. Decided June 1, 1988. Appeal […]
MATTER OF ESTATE OF HAFFERMAN, 442 N.W.2d 238 (1989)
In the Matter of the ESTATE OF Archibald HAFFERMAN, Deceased. No. 16231.Supreme Court of South Dakota.Considered on Briefs March 23, 1989. Decided June 14, 1989. Appeal from the Circuit Court, First Judicial Circuit, Yankton County, Jay H. Tapken, J. Page 239 John D. Jacobsen of Willoughby Benson, Burke, for beneficiary and appellant Kenneth Lawrence Larsen. […]
PLUCKER v. PLUCKER, 338 N.W.2d 842 (1983)
Sandra K. PLUCKER, Plaintiff and Appellee, v. Ronald E. PLUCKER, Defendant and Appellant. No. 13770.Supreme Court of South Dakota.Considered on Briefs September 10, 1982. Decided October 5, 1983. Appeal from the Circuit Court, Second Judicial Circuit, Minnehaha County, William H. Heuermann, J. John N. Gridley III, Sioux Falls, for plaintiff and appellee. Acie W. Matthews […]
BLOTE v. FIRST FEDERAL SAVINGS LOAN ASSOCIATION, 422 N.W.2d 834 (1988)
Larry L. BLOTE, Plaintiff and Appellant, v. FIRST FEDERAL SAVINGS AND LOAN ASSOCIATION OF RAPID CITY, Defendant and Appellee. No. 15699.Supreme Court of South Dakota.Considered on Briefs November 18, 1987. Decided April 27, 1988. Appeal from the Circuit Court, Seventh Judicial Circuit, Pennington County, Marshall P. Young, J. Page 835 Hermon B. Walker, Rapid City, […]
AKRON SAVINGS BANK v. CHARLSON, 83 S.D. 251 (1968)
158 N.W.2d 523 AKRON SAVINGS BANK, Appellant v. CHARLSON, Respondent File No. 10452.Supreme Court of South Dakota. Opinion filed April 25, 1968 Page 252 Appeal from Circuit Court, Union County; Hon. Roy D. Burns, Judge. E.P. Murray, Le Mars, Iowa, John F. Murphy, Elk Point, for plaintiff and appellant. J. Henry Eik, Sioux City, Iowa, […]
WALLING CHEMICAL CO. v. BIGNER, 349 N.W.2d 647 (1984)
WALLING CHEMICAL COMPANY, a Corporation, Plaintiff and Appellee, v. Joseph BIGNER, Mark Bakker, and Great Plains Chemical, a Corporation, Defendants and Appellants. No. 14159.Supreme Court of South Dakota.Argued November 29, 1983. Decided June 13, 1984. Appeal from the Circuit Court, Second Judicial Circuit, Minnehaha County, Robert C. Heege, J. Page 648 John L. Wilds and […]
BRENDEN v. ANDERSON, 327 N.W.2d 136 (1982)
Harold BRENDEN and Edithe Brenden, Plaintiffs and Appellees, v. Marvin G. ANDERSON and Delores J. Anderson, Defendants and Appellants. No. 13530.Supreme Court of South Dakota.Argued January 21, 1982. Decided December 15, 1982. Appeal from the Circuit Court of the Third Judicial Circuit, Codington County, Thomas G. Ries, J. Page 137 Charles Rick Johnson of Johnson, […]
MEHLUM v. NUNDA COOPERATIVE ASSN., 74 S.D. 545 (1952)
56 N.W.2d 282 MEHLUM, Respondent, v. NUNDA COOPERATIVE ASSOCIATION et al., Appellants File No. 9289.Supreme Court of South Dakota. Opinion filed December 30, 1952. Rehearing denied April 10, 1953. Appeal from Circuit Court of Lake County; Hon. Roy D. Burns, Judge. Reversed. Page 546 Gene McDonnell, Tom Kirby, Jr., Sioux Falls, for Defendants and Appellants, […]
STATE v. ANDERSON, 1996 SD 59
548 N.W.2d 40 STATE of South Dakota, Plaintiff and Appellee, v. Warren L. ANDERSON, Defendant and Appellant. No. 19195.Supreme Court of South Dakota.Considered on Briefs January 10, 1996. Decided May 22, 1996. Appeal from the Seventh Judicial Circuit Court, Pennington County, Jeff W. Davis, J. Page 41 Mark Barnett, Attorney General and Jennifer K. Trucano, […]
IN THE MATTER OF THE ESTATE OF STEVENSON, 2000 SD 24
605 N.W.2d 818 IN THE MATTER OF THE ESTATE OF ELMER STEVENSON, Deceased, and The Elmer Stevenson Trust. No. 20984.Supreme Court of South Dakota.Considered on Briefs January 10, 2000; Opinion Filed February 16, 2000. Appeal from the First Judicial Circuit, Bon Homme County, SD Hon. Lee A. Tappe, Judge; Reversed. Page 819 Kenneth D. Bertsch, […]
IN RE GOODER’S ESTATE, 69 S.D. 242 (1943)
9 N.W.2d 143 In Re GOODER’S ESTATE FEDERAL FARM MORTGAGE CORP., Respondent, v. GOODER, et al, Appellants File No. 8507.Supreme Court of South Dakota. Opinion filed April 24, 1943. 1. Executors and Administrators. Claim of Federal Farm Mortgage Corporation against decedent’s estate, based on note payable to order of Land Bank Commissioner, pursuant to Emergency […]
OMAHA v. KOLUCEK, 2008 SD 37
750 N.W.2d 472 FIRST NATIONAL BANK OF OMAHA, Plaintiff and Appellant, v. Allen KOLUCEK, Defendant. No. 24676.Supreme Court of South Dakota.Considered on Briefs May 19, 2008. Decided May 28, 2008. Appeal from the First Judicial Circuit Court, Bon Homme County, Glen W. Eng, J. Lisa Lauinger of Johnson, Rodenburg Lauinger, Bismarck, North Dakota, Attorneys for […]
A.P. SONS CONSTRUCTION v. JOHNSON, 2003 SD 13
657 N.W.2d 292 A.P. SONS CONSTRUCTION, A Partnership, Plaintiff and Appellant, v. EARLE D. JOHNSON, JR.; EARLE D. JOHNSON, JR., TRUSTEE, Defendants and Appellee, F M BANK; UNITED STATES OF AMERICA; THOMAS C. HOMOLA, d/b/a HAMLIN BUILDING CENTER; AASON ENGINEERING COMPANY, INC.; F.J. McLAUGHLIN COMPANY, INC.; CODINGTON COUNTY, SOUTH DAKOTA; CLAUSEN CONSTRUCTION, INC., SATCO HOMES, […]
PETERSON v. PETERSON, 71 S.D. 314 (1946)
24 N.W.2d 35 PETERSON, Respondent, v. PETERSON, Appellant File Nos. 8835, 8852.Supreme Court of South Dakota. Opinion filed August 15, 1946. 1. Divorce. Where evidence in divorce suit is conflicting and there is no clear preponderance of evidence against findings of trial court, its findings will not be disturbed by the Supreme Court. 2. Divorce. […]
SNEVE v. HAGEN, 61 S.D. 556 (1933)
250 N.W. 27 SNEVE, Respondent, v. HAGEN, et al. Appellants. File No. 7470.Supreme Court of South Dakota. Opinion filed September 19, 1933. 1. Banks and Banking. Reorganization agreement requiring stockholders in insolvent bank to take stock in re-organized bank in lieu of their liability held not “novation” relieving solvent stockholders from liability as against nonconsenting […]
DYKSTERHOUSE v. PARROT, 78 S.D. 538 (1960)
105 N.W.2d 205 DYKSTERHOUSE, Appellant v. PARROT, Jr., Respondent File No. 9837.Supreme Court of South Dakota. Opinion filed October 5, 1960 Page 539 Appeal from Circuit Court, Corson County; Hon. Leslie R. Hersrud, Judge. Personal injuries action. From an order dismissing the action, plaintiff appeals. Order affirmed. Newell E. Krause, Lemmon, for Plaintiff and Appellant. […]
ROBINSON v. GLOVER, 59 S.D. 332 (1931)
239 N.W. 848 ROBINSON, Respondent, v. GLOVER, et al (Ind. School Dist. of Martin, Garnishee), Appellants. File No. 7268.Supreme Court of South Dakota. Opinion filed December 19, 1931. 1. Appeal and Error. Order that plaintiff should have judgment unless defendants should file answer held not appealable, since not “final judgment” (Rev. Code 1919, § 3168). […]
PAULSON v. BLACK HILLS PACKING CO., 1996 SD 118
554 N.W.2d 194 Marc PAULSON, Appellant, v. BLACK HILLS PACKING COMPANY and St. Paul Fire And Marine Insurance Company, Appellees, and Western Wholesale Liquor Company and Liberty Mutual Insurance Company. Nos. 19450, 19483.Supreme Court of South Dakota.Considered on Briefs May 22, 1996. Decided September 11, 1996. Rehearing Denied October 9, 1996. Appeal from the Circuit […]
FIRST NAT. BANK OF EDEN v. PEARSON, 455 N.W.2d 858 (1990)
The FIRST NATIONAL BANK OF EDEN, a corporation, Plaintiff and Appellant, v. Neal W. PEARSON; Janet Pearson; Brewster Building Center, Inc., a corporation; and Marshall County, a political subdivision of the State of South Dakota, Defendants and Appellees. The FIRST NATIONAL BANK OF EDEN, a corporation, Plaintiff and Appellant. v. Kermit M. PEARSON; Peggy L. […]
MERRITT v. EDSON EXP., INC., 437 N.W.2d 528 (1989)
Bryon MERRITT, Plaintiff and Appellant, v. EDSON EXPRESS, INC., Defendant and Appellee. No. 16235.Supreme Court of South Dakota.Considered on Briefs December 1, 1988. Decided March 15, 1989. Appeal from the Circuit Court, Pennington County, Ronald D. Grosshans, J. Timothy L. Thomas and John K. Nooney of Morrill Brown Thomas, Rapid City, for plaintiff and appellant. […]
SJOLUND v. CARLSON, 511 N.W.2d 818 (1994)
Beth Ann SJOLUND f/k/a Beth Ann Carlson, Plaintiff and Appellee, v. Mitchel Allan CARLSON, Defendant and Appellant. No. 18129.Supreme Court of South Dakota.Considered on Briefs October 7, 1993. Decided February 2, 1994. Appeal from the Circuit Court, Seventh Judicial Circuit, Pennington County, Roland E. Grosshans, J. Page 819 Beth Ann Sjolund, pro se. Linda Lea […]
MATTER OF NORTHWESTERN PUBLIC SERVICE CO., 1997 SD 35
560 N.W.2d 925 In the Matter of the Petition for Declaratory Ruling of NORTHWESTERN PUBLIC SERVICE COMPANY with Regard to Electric Service to Hub City. Nos. 19520, 19528.Supreme Court of South Dakota.Argued September 11, 1996. Decided April 2, 1997. Appeal from the Circuit Court, Fifth Judicial Circuit, Jack R. Von Wald, J. Page 926 Mark […]