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. […]
Category: South Dakota Supreme Court Opinions
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 […]
OVERFIELD v. AMERICAN UNDERWRITERS LIFE INS. CO., 2000 SD 98
614 N.W.2d 814 DOROTHY OVERFIELD, Plaintiff and Appellant, v. AMERICAN UNDERWRITERS LIFE INSURANCE COMPANY, Defendant and Appellee. No. 21211.Supreme Court of South Dakota.Considered on Briefs May 30, 2000; Opinion Filed July 26, 2000. Appeal from the Second Judicial Circuit, Minnehaha County, SD Hon. Glen A. Severson, Judge, #21211 — Affirmed. Dennis C. McFarland, McFarland Weidenaar, […]
IN RE JANKLOW, 530 N.W.2d 367 (1995)
In re Request of Governor William J. JANKLOW for An Advisory Opinion Concerning the Constitutionality of House Bill 1163, Seventieth Session, South Dakota Legislative Assembly, 1995. No. 19106.Supreme Court of South Dakota. March 17, 1995. TO HIS EXCELLENCY, WILLIAM J. JANKLOW, THE GOVERNOR OF THE STATE OF SOUTH DAKOTA. Pursuant to the authority vested in […]
FELDHAUS v. SCHREINER, 2002 SD 65
646 N.W.2d 753 JEANNE K. FELDHAUS, Plaintiff and Appellant, v. RONALD SCHREINER, Defendant and Appellee. No. 22003Supreme Court of South Dakota.Considered On Briefs On April 22, 2002. Opinion Filed June 5, 2002. Appeal From The Circuit Court Of The Sixth Judicial Circuit Hughes County, South Dakota. The Honorable James W. Anderson Judge. Page 754 PATRICIA […]
BALDWIN v. HEINOLD COMMODITIES, INC., 363 N.W.2d 191 (1985)
Howard BALDWIN, Defendant and Appellant, v. HEINOLD COMMODITIES, INC., Plaintiff and Appellee. No. 14498.Supreme Court of South Dakota.Considered on Briefs October 22, 1984. Decided February 13, 1985. Appeal from the Circuit Court, Eighth Judicial Circuit, Meade County, Robert L. Tschetter, J. Page 192 Howard Baldwin, pro se. Steven C. Beardsley of Lynn, Jackson, Shultz Lebrun, […]
WESTERN SURETY v. ADDY, 73 S.D. 322 (1950)
42 N.W.2d 660 WESTERN SURETY COMPANY, Respondent, v. ADDY, Appellant File No. 9120.Supreme Court of South Dakota. Opinion filed May 8, 1950. Page 323 Appeal from Circuit Court, Minnehaha County; Hon. Lucius J. Wall, Judge. Action to recover for wrongful death; judgment on verdict for plaintiff. Affirmed. T.R. Johnson, C.J. Delbridge, Sioux Falls, Charles H. […]
HAUGAN ET AL. v. HOME INDEMNITY CO. ET AL., 86 S.D. 406 (1972)
197 N.W.2d 18 HAUGAN et al., Respondent v. HOME INDEMNITY CO. et al., Appellants File No. 10940.Supreme Court of South Dakota. Opinion filed May 3, 1972 Order denying petition for rehearing June 9, 1972 Page 407 Appeal from the circuit court of Minnehaha County; Hon. Roy D. Burns, Judge. Page 408 Woods, Fuller, Shultz Smith […]
STATE v. KANE, 703 N.W.2d 671 (S.D. 2003)
STATE v. KANE. No. 22616.Supreme Court of South Dakota. October 14, 2003. Abstract of summary disposition Affirmed (TLT).
STATE v. THUNDER HORSE, 85 S.D. 76 (1970)
177 N.W.2d 19 STATE, Respondent v. THUNDER HORSE, Appellant File No. 10725.Supreme Court of South Dakota. Opinion filed May 12, 1970 Page 77 Appeal from Circuit Court, Minnehaha County; Hon. Andrew W. Bogue, Judge. Defendant was convicted of robbery in the first degree and from such judgment he appeals. Affirmed. David V. Vrooman, Sioux Falls, […]
ROSETH v. IMPERIAL ORDER OF MUSCOVITES, 61 S.D. 364 (1933)
249 N.W. 634 ROSETH, et al, Respondents, v. THE IMPERIAL ORDER OF MUSCOVITES, et al, Appellants. File No. 7548.Supreme Court of South Dakota. Opinion filed July 7, 1933. Appeal from Circuit Court, Day County; HON. HOWARD BABCOCK, Judge. Lars A. Bruce, of Yankton, for Appellant. Lewis W. Bicknell, of Webster, for Respondents. PER CURIAM. The […]
IN RE OGILVIE, 2001 SD 29
623 N.W.2d 55 IN THE MATTER OF THE RECOMMENDATION OF THE BOARD OF BAR EXAMINERS FOR THE CONDITIONAL ADMISSION OF JOHN C. OGILVIE JR. TO THE PRACTICE OF LAW No. 21757Supreme Court of South Dakota.Argued November 28, 2000. Opinion Filed March 7, 2001. Original Proceeding #21757 — Granted John C. Ogilvie, Rapid City, SD Pro […]
KENOBBIE v. KRAUSE, 67 S.D. 574 (1941)
295 N.W. 646 KENOBBIE, Respondent, v. KRAUSE, et al, Appellants File No. 8363.Supreme Court of South Dakota. Opinion filed January 6, 1941. 1. Appeal and Error. The function of the Supreme Court is to determine whether clear preponderance of evidence is against a finding of a trial court but it is not function of Supreme […]
MATTER OF T.K., 462 N.W.2d 893 (1990)
In the Matter of T.K., a Child in Need of Supervision. No. 16894.Supreme Court of South Dakota.Considered on Briefs September 17, 1990. Decided November 21, 1990. Appeal from the Circuit Court, First Judicial Circuit, Bon Homme County, Paul J. Kern, J. Page 894 Ann C. Meyer, Asst. Atty. Gen., Roger A. Tellinghuisen, Atty. Gen. (on […]
MATTER OF STATE OF BOL, 429 N.W.2d 467 (1988)
In the Matter of the ESTATE OF Henrietta A. BOL, Deceased. No. 16073.Supreme Court of South Dakota.Considered on Briefs May 26, 1988. Decided September 21, 1988. Appeal from the Circuit Court, Third Judicial Circuit, Brookings County, Rodney J. Steele, J. Page 468 Dennis Maloney and Michael T. Hogan of Maloney, Kolker, Fritz, Hogan Johnson, Aberdeen, […]
SENECHAL v. SENECHAL, 79 S.D. 416 (1962)
112 N.W.2d 618 SENECHAL, Appellant v. SENECHAL, Respondent File No. 9922.Supreme Court of South Dakota. Opinion filed January 10, 1962 Page 417 Appeal from Circuit Court, Spink County; Hon. Jon Fosheim, Judge. Affirmed. Gallagher Battey, Redfield, for Plaintiff and Appellant. Lawrence E. Kayl, Redfield, for Defendant and Respondent. HANSON, J. In this action to quiet […]
VAUGHN v. ROSENCRANCE, 73 S.D. 36 (1949)
38 N.W.2d 822. VAUGHN et al., Respondents, v. ROSENCRANCE et al., Appellants File No. 9051.Supreme Court of South Dakota. Opinion filed July 19, 1949. Page 37 Appeal from Circuit Court, Jackson County; Hon. J.R. Cash, Judge. Action by Clark Vaughn and Harold R. Denkman against J.I. Rosencrance, Henry DeVries, and Isabel DeVries and E.W. Reeves […]
STATE v. WILSON, 459 N.W.2d 457 (1990)
STATE of South Dakota, Plaintiff and Appellee, v. Delbert Allen WILSON, Defendant and Appellant. No. 16851.Supreme Court of South Dakota.Considered on Briefs May 24, 1990. Decided August 15, 1990. Appeal from the Circuit Court, Seventh Judicial Circuit, Pennington County, Roland E. Grosshans, J. Page 458 Craig M. Eichstadt, Asst. Atty. Gen., Pierre, for plaintiff and […]
STATE v. PECK, 459 N.W.2d 441 (1990)
STATE of South Dakota, Plaintiff and Appellee, v. Deb PECK, Defendant and Appellant. No. 16826.Supreme Court of South Dakota.Considered on Briefs May 23, 1990. July 25, 1990. Appeal from the Circuit Court, First Judicial Circuit, Charles Mix County, E.W. Hertz, J. Sherri Sundem Wald, Asst. Atty. Gen. (Roger A. Tellinghuisen, Atty. Gen., on the brief), […]
ROGERS v. ALLIED MUT. INS. CO., 520 N.W.2d 614 (1994)
Doug ROGERS and LeEtta Rogers, Plaintiffs and Appellants, v. ALLIED MUTUAL INSURANCE COMPANY, Defendant and Appellee. No. 18594.Supreme Court of South Dakota. Considered on Briefs May 24, 1994. Decided August 24, 1994. Appeal from the Fifth Judicial Circuit Court, Brown County, Larry H. Lovrien, J. Ronald A. Wager, Bantz, Gosch, Cremer Peterson, Aberdeen, for plaintiffs […]
STATE v. DIETZ, 264 N.W.2d 509 (1978)
STATE of South Dakota, Plaintiff and Respondent, v. Robert DIETZ, Defendant and Appellant. No. 11950.Supreme Court of South Dakota. April 6, 1978. Appeal from the Circuit Court of the Second (now First) Judicial Circuit, Turner County, Wayne W. Christensen, J. Page 510 John P. Guhin, Asst. Atty. Gen., Pierre, for plaintiff and respondent; William J. […]
KLEINHESSELINK v. PORTERFIELD, 76 S.D. 577 (1957)
83 N.W.2d 191 KLEINHESSELINK, Respondent v. PORTERFIELD et al., Appellants. File No. 9260.Supreme Court of South Dakota. Opinion filed May 16, 1957. Page 578 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 579 Appeal from Circuit Court, Davison County; Hon. R.C. Bakewell, […]
LOCKE v. GELLHAUS, 2010 SD 11
778 N.W.2d 594 Bryan LOCKE, Benji Locke, Plaintiffs and Appellants v. Lonald L. GELLHAUS, Defendant and Appellee. No. 25278.Supreme Court of South Dakota.Argued November 17, 2009. Decided February 3, 2010. Appeal from the Circuit Court, Fifth Judicial Circuit, Brown County, Scott P. Myren, J. Page 595 Ronald A. Parsons, Jr., Scott A. Abdallah of Johnson, […]
VAN BUREN v. TULLAR, 66 S.D. 580 (1939)
287 N.W. 312 VAN BUREN, Respondent, v. TULLAR, Appellant File No. 8236.Supreme Court of South Dakota. Opinion filed August 16, 1939. Appeal and Error. In farm tenant’s action against owner for unlawfully denying him use of farm wherein owner counterclaimed for conversion of hay and grain and for loss allegedly resulting from mistake in dividing […]
SAMUELSON v. SAMUELSON, 383 N.W.2d 867 (1986)
Danielle M. SAMUELSON, Plaintiff and Appellant, v. George Wester SAMUELSON, Defendant and Appellee. No. 14998.Supreme Court of South Dakota.Considered on Briefs February 10, 1986. Decided April 2, 1986. Appeal from the Circuit Court, Seventh Judicial Circuit, Pennington County, Jeff W. Davis, J. Page 868 Rick Johnson of Johnson, Eklund Davis, Gregory, for plaintiff and appellant. […]
OFSTAD v. BECK, 65 S.D. 387 (1937)
274 N.W. 498 OFSTAD, Appellant, v. BECK, Respondent. File No. 8012.Supreme Court of South Dakota. Opinion filed July 9, 1937. 1. Appeal and Error. The findings of the trial court are binding and will not be disturbed unless it can be demonstrated that they are against the clear preponderance of the evidence. 2. Attorney and […]
STATE v. YOUNG, 2001 SD 76
630 N.W.2d 85 State of South Dakota Plaintiff and Appellant v. Kenneth L. Young Defendant and Appellee No. 21665Supreme Court of South Dakota.Considered on Briefs April 24, 2001. Opinion Filed June 13, 2001. Appeal from the Circuit Court of The Fourth Judicial Circuit Meade County, South Dakota Hon. Jerome A. Eckrich III, Judge. Page 86 […]
CHURCH MUT. INS. CO. v. SMITH, 509 N.W.2d 274 (1993)
CHURCH MUTUAL INSURANCE COMPANY, Plaintiff and Appellee, v. Timothy SMITH, Timothy Miller, and State Farm Fire Casualty Company, Defendants and Appellants, and Kimberly K. Kindt, Guardian of the Person and Estate of Keith W. Kindt; Kimberly K. Kindt, Individually, and Kimberly K. Kindt, Guardian Ad Litem of the Minor Children, Evan D. Kindt and Aaron […]
HARTMAN v. WOOD, 436 N.W.2d 854 (1989)
Gene HARTMAN and C.E. Pahl, Plaintiffs and Appellants, v. Wallace WOOD and Wiky Wood, Defendants and Appellees. No. 16225.Supreme Court of South Dakota.Considered on Briefs January 13, 1989. Decided March 8, 1989. Page 855 Appeal from the Circuit Court of the Sixth Judicial Circuit, Sully County, James W. Anderson, J. Irving A. Hinderaker and David […]
CITY OF RAPID CITY v. ESTES, 2011 SD 75
CITY OF RAPID CITY, a municipal corporation, Plaintiff and Appellant, v. DOYLE ESTES, individually, BIG SKY, LLC and DAKOTA HEARTLAND, INC., Defendants and Appellees. No. 25868Supreme Court of South Dakota.Considered on Briefs on AUGUST 22, 2011 Opinion Filed November 16, 2011 Appeal from the Circuit Court of the Seventh Judicial Circuit Pennington County, South Dakota […]
MATTER OF N.J.W., 273 N.W.2d 134 (1978)
In the Matter of N.J.W., N.G.B., and K.F.B., alleged Dependent and Neglected Children. No. 12379-a-REM.Supreme Court of South Dakota.Argued October 17, 1978. Decided December 28, 1978. Appeal from the Circuit Court, Fourth Judicial Circuit, Davison County, Merton B. Tice, Sr., J. Page 135 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT […]
THOMPSON v. E.I.G. PALACE MALL, 2003 SD 12
657 N.W.2d 300 Mary Eilen Thompson as Trustee of the Mary Eilen Trust, Lanny G. Brantner, Jerry O. Brantner and Jon Airhart, Plaintiffs and Appellants, v. E.I.G. Palace Mall, LLC, Western Sierra Contractors, Inc. and C.S.K. Auto Parts, Defendants and Appellees No. 22349Supreme Court of South Dakota.Considered On Briefs On October 7, 2002. Opinion Filed […]
CITY OF SIOUX FALLS v. PETERSON, 71 S.D. 446 (1946)
25 N.W.2d 556 CITY OF SIOUX FALLS, Appellant, v. PETERSON, Respondent File No. 8879.Supreme Court of South Dakota. Opinion filed December 30, 1946. 1. Municipal Corporations. Acts of Legislature in granting police power to municipal corporations will be strictly construed when intention of Legislature is in doubt, but such principle does not justify a court […]
BEHRNS v. BURKE, 89 S.D. 96 (1975)
229 N.W.2d 86 BEHRNS, Appellant v. BURKE, Respondent File No. 11425.Supreme Court of South Dakota. Opinion filed April 25, 1975 Page 97 Appeal from the Circuit Court of McCook County; Hon. Thomas L. Anderst, Judge. R.E. Morgan, Morgan Fuller, Chamberlain, for plaintiff and appellant. J.B. Shultz, Woods, Fuller, Shultz Smith, Sioux Falls, for defendant and […]
KLINKER v. BEACH, 1996 SD 56
547 N.W.2d 572 Valdine KLINKER, Plaintiff and Appellant, v. Floyd and Bill BEACH, Defendants and Appellees. No. 19272.Supreme Court of South Dakota.Considered on Briefs March 12, 1996. Decided May 15, 1996. Page 573 Appeal from the Circuit Court, First Judicial Circuit, Lincoln County, Richard Bogue J. Robert J. Breit, Sioux Falls, for plaintiff and appellant. […]
MUHLENKORT v. MUHLENKORT, 393 N.W.2d 292 (1986)
Marcus MUHLENKORT, Plaintiff and Appellee, v. Jeffrey Theodore MUHLENKORT, Defendant and Appellant. No. 14986.Supreme Court of South Dakota.Considered on Briefs February 12, 1986. Decided September 17, 1986. Appeal from the Circuit Court of the First Judicial Circuit, Union County, Jay H. Tapken, J. C.E. Light, Light Law Office, Yankton, for plaintiff and appellee. Jeff Masten, […]
DANIELS v. S.D. SAV. LOAN ASSN., 63 S.D. 453 (1935)
260 N.W. 621 DANIELS, et al, Appellants, v. SOUTH DAKOTA SAVINGS AND LOAN ASSOCIATION, Respondent. File No. 7739.Supreme Court of South Dakota. Opinion filed May 4, 1935. Appeal and Error. Where after certified copy of notice of appeal was filed in reviewing court, three different stipulations were filed extending time for serving and filing of […]
GASPER v. FREIDEL, 450 N.W.2d 226 (1990)
Donald H. GASPER and Katherine Gasper, As Guardians Ad Litem of Todd J. Gasper, A Minor, Plaintiffs and Appellants, v. Douglas FREIDEL, Todd Meyer, William Carda, Tom Svatos, Jane Drapeaux, Sherry Soulek, Harold Ingalls, Alvin Archambeau, Beverly Steinmark, and Larry Johnson, Defendants and Appellees. No. 16540.Supreme Court of South Dakota.Considered on Briefs October 19, 1989. […]
HANNON v. WEBER, 2001 SD 146
638 N.W.2d 48 DENNIS DUANE HANNON, Petitioner v. DOUGLAS WEBER, Warden of the South Dakota State Penitentiary, Respondent. No. 21879Supreme Court of South Dakota.Considered On Briefs On November 13, 2001. Opinion Filed December 19, 2001. PETITION FOR REINSTATEMENT OF ORDER DISMISSING MOTION FOR CERTIFICATION OF PROBABLE CAUSE. HONORABLE GENE PAUL KEAN Judge. MICHAEL D. BORNITZ, […]
GASSMAN v. GASSMAN, 296 N.W.2d 518 (1980)
Robert Myron GASSMAN, Plaintiff and Appellee, v. Marilyn Judy GASSMAN, Defendant and Appellant. Nos. 12714, 12718.Supreme Court of South Dakota.Submitted on Briefs April 21, 1980. Decided September 3, 1980. Appeal from the Circuit Court, Fourth Judicial Circuit, Miner County, Thomas L. Anderst, J. Page 519 Wilson Kleibacker of Lammers, Lammers, Kleibacker Casey, Madison, for plaintiff […]
IN RE CONDITIONAL USE PERMIT DENIED TO MEIER, 2000 SD 80
613 N.W.2d 523 IN THE MATTER OF THE CONDITIONAL USE PERMIT DENIED TO MARK MEIER FOR CONSTRUCTION OF AN ANIMAL CONFINEMENT OPERATION ON PROPERTY LOCATED IN SOUTHWEST QUARTER OF SECTION 7 AND THE SOUTHWEST QUARTER OF SECTION 18, TOWNSHIP 104 NORTH, RANGE 64 WEST, AURORA COUNTY, SOUTH DAKOTA. Nos. 20924, 20950.Supreme Court of South Dakota.Argued […]
DOE v. QUIRING, 2004 SD 101
686 N.W.2d 918 Jane DOE and Others Similarly Situated, Applicant and Appellant, v. Clark QUIRING, in his official capacity as Chief of Police, City of Sioux Falls, and Mike Milstead, in his official capacity as Sheriff, Minnehaha County, Respondents and Appellees. No. 22944.Supreme Court of South Dakota.Argued June 02, 2004. Decided September 1, 2004. Appeal […]
TITUS v. SIOUX VALLEY HOSP., 2003 SD 22
658 N.W.2d 388 JILL TITUS, Employee/Claimant and Appellant, v. SIOUX VALLEY HOSPITAL, Employer/Self-Insurer and Appellee. No. 22243Supreme Court of South Dakota.Considered On Briefs On May 28, 2002 Reassigned December 16, 2002. Opinion Filed February 26, 2003. Appeal From The Circuit Court Of The Sixth Judicial Circuit Hughes County, South Dakota. Honorable Steven L. Zinter Judge. […]
IN RE VASGAARD’S ESTATE, 62 S.D. 421 (1934)
253 N.W. 453 In Re VASGAARD’S ESTATE. PETERSON, Appellant, v. HAUGEN, et al, Respondents. File No. 7647.Supreme Court of South Dakota. Opinion filed March 6, 1934. 1. Descent and Distribution. Family agreements relative to distribution of property of decedent among persons thereto entitled are not contrary to public policy, and if fairly made are binding […]
STATE v. JOHNSON, 316 N.W.2d 652 (1982)
STATE of South Dakota, Plaintiff and Appellee, v. Albert Lee JOHNSON, Defendant and Appellant. No. 13453.Supreme Court of South Dakota.Considered on Briefs November 17, 1981. Decided March 3, 1982. Appeal from the Circuit Court, Second Judicial Circuit, Minnehaha County, Robert C. Heege, J. Page 653 Marten A. Trotzig, Minnehaha County Deputy, State’s Atty., Sioux Falls, […]
SCHAIBLE v. WERNER, 71 S.D. 103 (1946)
21 N.W.2d 757 SCHAIBLE, Respondent, v. WERNER, et al, Appellants File No. 8813.Supreme Court of South Dakota.Opinion filed February 14, 1946. Rehearing Denied May 1, 1946. 1. Workmen’s Compensation. The findings of Industrial Commissioner in workmen’s compensation case will not be disturbed if there is any reasonable and substantial evidence tending to support them. 2. […]
IN RE MAGEE, 74 S.D. 286 (1952)
52 N.W.2d 99 In re MAGEE Ex parte TOMPKINS TOMPKINS, Appellant, v. LUTHERAN WELFARE SOCIETY OF SOUTH DAKOTA et al., Respondents File No. 9257.Supreme Court of South Dakota. Opinion filed February 18, 1952. Page 287 Appeal from Circuit Court of Minnehaha County; Hon. Roy D. Burns, Judge. Judgment affirmed. Tom Kirby, Blaine Simons, Sioux Falls, […]
STATE v. MAX, 263 N.W.2d 685 (1978)
STATE of South Dakota, Plaintiff and Respondent, v. Armand MAX, Defendant and Appellant. No. 11896.Supreme Court of South Dakota. March 20, 1978. Appeal from the Circuit Court, Yankton County, Donald E. Erickson, J. Page 686 Peter H. Lieberman, Asst. Atty. Gen., Pierre, for plaintiff and respondent; William J. Janklow, Atty. Gen., Pierre, on the brief. […]
DODSON v. WEBB, 74 S.D. 166 (1951)
50 N.W.2d 92 DODSON et al., Appellants, v. WEBB et al., Respondents File No. 9245.Supreme Court of South Dakota. Opinion filed November 20, 1951. Rehearing denied December 11, 1951. Page 167 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 168 Appeal from […]
OSKEY BROTHERS v. GORDER ET AL., 79 S.D. 168 (1961)
109 N.W.2d 893 OSKEY BROTHERS PETROLEUM CORPORATION, Respondent v. GORDER et al., Appellants File Nos. 9857, 9896.Supreme Court of South Dakota. Opinion filed June 26, 1961 Page 169 Appeal from Circuit Court, Brown County; Hon. Philo Hall, Judge. Judgment affirmed. Maynes Myers, Aberdeen, for Defendants-Appellants. Campbell, Voas Richardson, Aberdeen, for Plaintiff-Respondent. NICHOL, Circuit Judge. Oskey […]
MATTER OF ESTATE OF MATHISON, 468 N.W.2d 400 (1991)
In the Matter of the ESTATE OF Lloyd MATHISON, Deceased. Nos. 17032, 17038 and 17053.Supreme Court of South Dakota.Considered on Briefs October 24, 1990. Decided April 3, 1991. Appeal from the Second Judicial Circuit Court, Minnehaha County, Robert A. Amundson, J. Page 401 Michael B. Crew of Crew Crew, Sioux Falls, for appellant. Thomas J. […]
NEBR. ELEC. v. CADY, 90 S.D. 233 (1976)
241 N.W.2d 139 NEBRASKA ELECTRIC GENERATION TRANSMISSION COOP., INC., Appellant v. CADY et ux, Respondents File No. 11519.Supreme Court of South Dakota. Opinion filed March 25, 1976 Page 234 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 235 Appeal from the Circuit […]
IN RE SD MICROSOFT ANTITRUST LITIGATION, 2005 SD 113
707 N.W.2d 85 In re SOUTH DAKOTA MICROSOFT ANTITRUST LITIGATION. No. 23506.Supreme Court of South Dakota.Argued August 31, 2005. Decided November 16, 2005. Appeal from the Sixth Judicial Circuit Court, Lori S. Wilbur, J. Page 86 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT […]
C. N.W. RY. CO. v. GILLIS, ET AL., 80 S.D. 57 (1962)
118 N.W.2d 316 C. N.W. RY. CO., Petitioner v. GILLIS et al., Respondents File No. 10049.Supreme Court of South Dakota. Opinion filed December 7, 1962 Mandamus. A railroad was not entitled to a writ of mandamus diresting state authorities to apply statewide assessment factor of 60% of true and full value of property to railroad’s […]
KUBIK v. FARMERS UNION OIL CO. OF RELIANCE, 87 S.D. 417 (1973)
209 N.W.2d 551 KUBIK, Respondent v. FARMERS UNION OIL CO. OF RELIANCE, Appellant File No. 11179.Supreme Court of South Dakota. Opinion filed July 27, 1973 Petition for rehearing denied September 6, 1973 Page 418 Appeal from the Circuit Court of Lyman County; Hon. John B. Jones, Judge. Page 419 Morgan Fuller, Mitchell, for defendant and […]
MATTER OF ESTATE OF JAHNEL, 428 N.W.2d 528 (1988)
In the Matter of the ESTATE OF Elizabeth Ellen JAHNEL, Deceased. Edgar JAHNEL, Roy Jahnel, Harold Jahnel, and Audrey Kanain, Plaintiffs and Appellees, v. FIRST NORTHWESTERN TRUST COMPANY OF SOUTH DAKOTA and Elmer Thurow, Defendants, Chrystal Madsen, Defendant and Appellant. Nos. 15406, 15415.Supreme Court of South Dakota.Argued September 2, 1987. Decided August 24, 1988. Rehearing […]
STATE v. WHITE, 269 N.W.2d 781 (1978)
STATE of South Dakota, Plaintiff and Respondent, v. Charles James WHITE, Defendant and Appellant. No. 12291.Supreme Court of South Dakota.Argued April 18, 1978. Decided September 6, 1978. Rehearing Denied October 13, 1978. Appeal from the Circuit Court, Fifth Judicial Circuit, Roberts County, Philo Hall, J. Page 782 John P. Guhin, Asst. Atty. Gen., Pierre, for […]
STATE v. SCHWARTZ, 2004 SD 123
689 N.W.2d 430 STATE of South Dakota, Plaintiff and Appellee, v. Connie L. SCHWARTZ, Defendant and Appellant. State of South Dakota, Plaintiff and Appellee, v. Rick W. Schwartz, Defendant and Appellant. Nos. 22932, 22933.Supreme Court of South Dakota.Argued March 23, 2004. Decided November 10, 2004. Appeal from the Circuit Court, Third Judicial Circuit, Brookings County, […]
STATE v. ZAKARIA, 2007 SD 27
730 N.W.2d 140 STATE of South Dakota, Plaintiff and Appellee, v. Fadi Omar ZAKARIA, Defendant and Appellant. No. 24051.Supreme Court of South Dakota.Argued November 28, 2006. Decided March 14, 2007. Appeal from the Circuit Court of the Second Judicial Circuit, Minnehaha County, Glen A. Severson, J. Page 141 Lawrence E. Long, Attorney General, Frank Geaghan, […]
AGRI. CREDIT CORP. v. JOHNSON, 63 S.D. 476 (1935)
260 N.W. 824 AGRICULTURAL CREDIT CORPORATION, Respondent, v. JOHNSON, et al, Appellants. File No. 7696.Supreme Court of South Dakota. Opinion filed May 9, 1935. 1. Bills and Notes. Set-off which may be interposed against negotiable note transferred, without indorsement, in good faith, and for value, must be set-off which existed as present right when transfer […]
GURNEY v. RAPID CITY, 74 S.D. 194 (1951)
50 N.W.2d 360 GURNEY, Respondent, v. RAPID CITY, Appellant File No. 9328.Supreme Court of South Dakota. Opinion filed December 3, 1951. Page 195 Appeal from Circuit Court of Pennington County; Hon. Turner M. Rudesill, Judge. Affirmed. Page 196 Bottum Bottum, Rapid City, for Plaintiff and Respondent. Hanley, Leedom Driscoll, Rapid City, for Defendant and Appellant. […]
TONSAGER v. LAQUA, 789 N.W.2d 733 (S.D. 2010)
Tonsager v. LaQua. No. 25463.Supreme Court of South Dakota. June 1, 2010. Abstracts of Summary Dispositions Affirmed (KKC)
DUNHAM v. 1ST NATIONAL BANK, S. FALLS, 86 S.D. 727 (1972)
201 N.W.2d 227 DUNHAM, Appellant v. FIRST NAT’L BANK IN SIOUX FALLS, Respondent File No. 11030.Supreme Court of South Dakota. Opinion filed October 6, 1972 Page 728 Appeal from the circuit cour of Minnehaha County; Hon. Francis G. Dunn, Judge. Page 729 Davenport, Evans, Hurwitz Smith, Sioux Falls, for defendant and respondent. H.R. Jackson, of […]
MATTER OF ESTATE OF LEMER, 306 N.W.2d 244 (1981)
In the Matter of the ESTATE of John J. LEMER, Deceased. Dorsey Jean FARLEY, Individually and as Guardian of Benjamin Lemer, Tracy Lynn Lemer and William Ray Lemer, Minors, Plaintiff and Appellant, v. Susan LEMER, Individually as surviving widow of John J. Lemer and as petitioner for summary administration of the estate of John J. […]
BUSH v. CANARY, 286 N.W.2d 536 (1979)
Jerry Leo BUSH, Petitioner and Appellant, v. Arthur L. CANARY, the duly appointed, qualified and Acting Director of the Board of Pardons and Paroles, and the Board of Pardons and Paroles, Respondent. No. 12687.Supreme Court of South Dakota.Submitted on Briefs September 19, 1979. Decided December 28, 1979. Appeal from the Circuit Court of the Second […]
WEEKLEY v. WEEKLEY, 1999 SD 162
604 N.W.2d 19 TRISTINA A. WEEKLEY, Plaintiff and Appellant, v. TODD P. WEEKLEY, Defendant and Appellee. Supreme Court of South Dakota.Considered on Briefs October 21, 1999; Opinion Filed December 29, 1999. Corrected January 5, 2000. Page 20 Appeal from the Seventh Judicial Circuit, Pennington County, SD Hon. Janine Kern, Judge, #20844, #20864 — Affirmed. Linda […]
BANK OF CODY v. FANNING, 353 N.W.2d 352 (1984)
The BANK OF CODY, Plaintiff and Appellee, v. Dennis FANNING, Francis Fanning, Camillus Blair, Neil Fanning, Ronald Fanning, William Fanning, Defendants and Appellants, and James Fanning, Jr., Judith R. Fanning, Mathis Implement, Inc., and Marcella Fanning, Defendants. No. 14418.Supreme Court of South Dakota.Considered on Briefs April 19, 1984. Decided August 8, 1984. Appeal from the […]
STATE v. GOFF, 79 S.D. 138 (1961)
109 N.W.2d 256 STATE, Respondent v. GOFF, Appellant File No. 9842.Supreme Court of South Dakota. Opinion filed May 16, 1961 Page 139 Appeal from Circuit Court, Meade County; Hon. Clarence P. Cooper, Judge. Reversed. Thos. G. Wall, Sturgis, for Defendant and Appellant. A.C. Miller, Atty. Gen., Gerald L. Reade, Asst. Atty. Gen.,Dale L. Morman, States […]
PETITION OF DRAEGER, 463 N.W.2d 346 (1990)
In the Matter of the Petition of Richard W. DRAEGER, for Reinstatement to the Practice of Law. No. 17223.Supreme Court of South Dakota.Argued September 17, 1990. Decided November 21, 1990. R. James Zieser, Tyndall, for Disciplinary Bd. Jeffrey L. Viken of Finch, Viken, Viken Pechota, Rapid City, for Draeger. SABERS, Justice. On January 23, 1985, […]
STATE v. AKINS, 703 N.W.2d 171 (S.D. 2001)
STATE v. AKINS. No. 21794, 21795.Supreme Court of South Dakota. October 10, 2001. Affirmed (GPK).
IN RE DW, 705 N.W.2d 265 (S.D. 2005)
IN RE DW. No. 23479.Supreme Court of South Dakota. July 8, 2005. Affirmed (JN).
MOORE v. FARMERS INS. EXCHANGE, 323 N.W.2d 870 (1982)
Edward E. MOORE, Plaintiff and Appellee, v. FARMERS INSURANCE EXCHANGE, Defendant and Appellant. No. 13647.Supreme Court of South Dakota.Argued May 20, 1982. Decided August 25, 1982. Rehearing Denied September 29, 1982. Appeal from the Circuit Court, Seventh Judicial Circuit, Pennington County, F. Thomas Parker, J. David P. Olson, Rapid City, for plaintiff and appellee. Gene […]
STATE v. WALL, 481 N.W.2d 259 (1992)
STATE of South Dakota, Plaintiff and Appellee, v. Marguerite L. WALL, Defendant and Appellant. No. 17458.Supreme Court of South Dakota.Submitted on Briefs October 22, 1991. Decided February 12, 1992. Rehearing Denied March 23, 1992. Appeal from the Circuit Court, Seventh Judicial Circuit, Custer County, Marshall P. Young, J. Page 260 [EDITORS’ NOTE: THIS PAGE CONTAINS […]