STATE v. AKINS. No. 21794, 21795.Supreme Court of South Dakota. October 10, 2001. Affirmed (GPK).
Category: South Dakota Supreme Court Opinions
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 […]
BINDE v. BINDE, 67 S.D. 436 (1940)
293 N.W. 632 BINDE, et al, Respondents, v. BINDE, Appellant File No. 8356.Supreme Court of South Dakota. Opinion filed August 30, 1940. Mortgages. Where mortgagor sought to set aside mortgage foreclosure sale, and purchaser at foreclosure was in possession of the land after judgment granting the relief prayed, rendering further accounting necessary, proceeding was remanded […]
JOHNSON v. LEBERT CONST., 2007 SD 74
736 N.W.2d 878 Darrell JOHNSON, Plaintiff and Appellant, v. LEBERT CONSTRUCTION, INC., Defendant and Appellee. No. 24312.Supreme Court of South Dakota.Argued May 23, 2007. Decided July 18, 2007. Appeal from the Circuit Court, Second Judicial Circuit, Minnehaha County, Stuart L. Tiede, J. Page 879 Mitchell Peterson of Davenport, Evans, Hurwitz Smith, LLP, Sioux Falls, South […]
MATTER OF GUARDIANSHIP OF PETRIK, 1996 SD 24
544 N.W.2d 388 In the matter of the GUARDIANSHIP OF Shelbi L. PETRIK, A Minor Child. No. 19281.Supreme Court of South Dakota.Considered on Briefs February 14, 1996. Decided March 6, 1996. Appeal from the Circuit Court of the First Judicial Circuit, Charles Mix County; Arthur L. Rusch, Judge. Lon J. Kouri, May, Johnson, Doyle Becker, […]
FEDERAL LAND BANK v. MESICK, 62 S.D. 107 (1933)
251 N.W. 801 FEDERAL LAND BANK OF OMAHA, Respondent, v. MESICK, et al, Appellants. File No. 7559.Supreme Court of South Dakota. Opinion filed December 29, 1933. Appeal and Error. Where certified copy of notice of appeal and notice of settlement of record were filed in Supreme Court and no further steps taken and no briefs […]
LARSEN v. MORRISON, 293 N.W.2d 468 (1980)
Helen M. LARSEN, Guardian of the Person and Estate of Levenes Dillion, an Incompetent Person, Plaintiff and Appellee, v. William D. MORRISON, Defendant and Appellant. No. 12668.Supreme Court of South Dakota.Argued January 29, 1980. Decided June 18, 1980. Appeal from the Circuit Court of the First Judicial Circuit, Yankton County, Donald E. Erickson, J. Page […]
CITY OF COLTON v. CORBLY, 323 N.W.2d 138 (1982)
CITY OF COLTON, A Municipal Corporation, Plaintiff and Appellee, v. Shirley CORBLY, Defendant and Appellant. No. 13571.Supreme Court of South Dakota.Considered on Briefs April 27, 1982. Decided August 18, 1982. Appeal from the Circuit Court, Minnehaha County, Robert C. Heege, J. Timothy J. McGreevy of Dana, Golden, Moore Rasmussen, Sioux Falls, for plaintiff and appellee. […]
HEIDEMANN v. ROHL, 86 S.D. 250 (1972)
194 N.W.2d 164 HEIDEMANN, Appellant v. ROHL, Respondent File No. 10951.Supreme Court of South Dakota. Opinion filed January 28, 1972 Page 251 Appeal from the circuit court of Minnehaha County; Hon. Francis G. Dunn, Judge. Bangs, McCullen, Butler, Foye Simmons, Ronald Clabaugh, Rapid City, for plaintiff and appellant. Braithwaite, Cadwell Braithwaite, Gale B. Braithwaite, Sioux […]
MEINDERS v. WEBER, 2000 SD 2
604 N.W.2d 248 JAMES H. MEINDERS, Petitioner and Appellant, v. DOUGLAS WEBER, Warden of the South Dakota Penitentiary, Appellee. No. 20689Supreme Court of South Dakota.Argued June 2, 1999. Reassigned August 11, 1999. Opinion Filed January 5, 2000. Appeal from the Second Judicial Circuit, Minnehaha County, SD Hon. Judith K. Meierhenry, Judge, #20689 — Affirmed. Page […]
IN RE J.C., 790 N.W.2d 240 (S.D. 2010)
In re J.C. No. 25448.Supreme Court of South Dakota. July 1, 2010. Abstracts of Summary Dispositions Affirmed (WGJ)
STOEBNER v. SD FARM BUREAU MUTUAL INS. CO., 1999 SD 106
598 N.W.2d 557 JEANETTE STOEBNER, Plaintiff and Appellee, v. SOUTH DAKOTA FARM BUREAU MUTUAL INSURANCE COMPANY, Defendant and Appellant. Supreme Court of South Dakota.Argued March 22, 1999. Opinion Filed August 11, 1999. Appeal from the First Judicial Circuit, Yankton County, SD, Hon. Kathleen K. Caldwell, Judge, #20577 — Reversed. Timothy L. James, James Associates, P.C., […]
NOVAK v. McELDOWNEY, 2002 SD 162
655 N.W.2d 909 DAWN NOVAK and DONALD NOVAK, Plaintiffs and Appellants, v. DENNIS McELDOWNEY, Defendant and Appellee. No. 222179Supreme Court of South Dakota.Argued October 7, 2002. Opinion Filed December 23, 2002. Appeal From The Circuit Court Of The Third Judicial Circuit Jerauld County, South Dakota. Honorable Eugene L. Martin Judge. Page 910 [EDITORS’ NOTE: THIS […]
STATE v. STEVENS, 2007 SD 54
734 N.W.2d 344 STATE of South Dakota, Plaintiff and Appellant, v. Wayne R. STEVENS, Defendant and Appellee. No. 23898.Supreme Court of South Dakota.Argued on March 21, 2007. Decided June 13, 2007. Appeal from the Circuit Court, Seventh Judicial Circuit, Pennington County, Thomas L. Trimble, J. Page 345 Lawrence E. Long, Attorney General, Katie L. Hansen, […]
TRACY v. T B CONST. ET AL., 85 S.D. 337 (1970)
182 N.W.2d 320 TRACY, Cross-Appellant v. T B CONST. CO. et al., Appellant and HUGHES et al., Respondents v. GENERAL INS. CO. OF AMERICA, Appellants File Nos. 10705, 10706.Supreme Court of South Dakota. Opinion filed December 18, 1970 1. Costs. Ordinarily the terms “costs” and “expenses” as used in a statute are not understood to […]
PRENTICE v. PRENTICE, 322 N.W.2d 880 (1982)
Janice K. PRENTICE, Plaintiff and Appellant, v. Delton L. PRENTICE, Defendant and Appellee. No. 13599.Supreme Court of South Dakota.Considered on Briefs May 18, 1982. Decided August 11, 1982. Appeal from the Circuit Court, Fifth Judicial Circuit, Brown County, Philo Hall, J. Page 881 Thomas P. Tonner of Maynes, Tonner, Maynes Tobin, Aberdeen, for plaintiff and […]
IN RE I.H., 2004 SD 7
674 N.W.2d 809 IN THE MATTER OF I.H., ABUSED OR NEGLECTED CHILD. No. 22896.Supreme Court of South Dakota.Considered on Briefs on January 8, 2004. Opinion Filed January 21, 2004. Appeal from the Circuit Court Of The Third Judicial Circuit Beadle County, South Dakota, Hon. Jon R. Erickson, Judge. LAWRENCE E. LONG, Attorney General, DAVID W. […]
JOHNSON v. CROSSROADS AUTO BODY, 734 N.W.2d 826 (S.D. 2007)
Johnson v. Crossroads Auto Body. No. 24425.Supreme Court of South Dakota. June 5, 2007. Affirmed and Remanded (MAG).
FIRST PREMIER v. KOLCRAFT, 2004 SD 92
686 N.W.2d 430 FIRST PREMIER BANK, as Guardian Ad Litem and Limited Conservator of Daniel L. Boone, Plaintiff and Appellant, v. KOLCRAFT ENTERPRISES, INC., a Delaware corporation, Defendant and Appellee. Nos. 22421, 22449.Supreme Court of South Dakota.Argued on October 8, 2003. Decided August 18, 2004. Appeal from the Circuit Court, Second Judicial Circuit, Minnehaha County, […]
STATE OF SOUTH DAKOTA v. ASHBROOK, 1998 SD 115
586 N.W.2d 503 STATE OF SOUTH DAKOTA, Plaintiff and Appellee, v. KAREN D. ASHBROOK, Defendant and Appellant. Supreme Court of South Dakota.Considered on Briefs September 17, 1998 Opinion Filed December 2, 1998 Appeal from the Eighth Judicial Circuit, Lawrence County, S.D. Hon. Timothy R. Johns, Judge #20407 — Affirmed. Page 504 [EDITORS’ NOTE: THIS PAGE […]
STATE v. WARREN, 462 N.W.2d 195 (1990)
STATE of South Dakota, Plaintiff and Appellee, v. Myria WARREN, Defendant and Appellant. No. 16721.Supreme Court of South Dakota.Argued April 24, 1990. Decided October 31, 1990. Appeal from the Circuit Court, Eighth Judicial Circuit, Butte County, Robert L. Tschetter, J. Sherri Sundem Wald, Asst. Atty. Gen., Pierre, (Roger A. Tellinghuisen, Atty. Gen., Pierre, on the […]
KAPP ET AL. v. HANSEN ET AL., 79 S.D. 279 (1961)
111 N.W.2d 333 KAPP, et al., Respondents v. HANSEN et al., Appellants File No. 9917.Supreme Court of South Dakota. Opinion filed October 24, 1961 Rehearing denied November 27, 1961. Page 280 Appeal from Circuit Court, Clay County; Hon. C.C. Puckett, Judge. Everett A. Bogue, Vermillion, for Defendant and Appellants. Woods, Fuller, Shultz Smith, M.T. Woods, […]
KIMBALL INVESTMENT LAND, LTD. v. CHMELA, 2000 SD 6
604 N.W.2d 289 KIMBALL INVESTMENT LAND, LTD., Plaintiff and Appellee, v. MARVIN CHMELA and JOANN CHMELA, Defendants and Appellants. No. 21035Supreme Court of South Dakota.Argued December 1, 1999. Opinion Filed January 12, 2000. Page 290 Appeal from the Fourth Judicial Circuit, Brule County, SD Hon. Boyd L. McMurchie, Judge, #21035 — Affirmed. John F. Cogley, […]
AMUNDSON v. STATE BOARD OF PARDONS PAROLES, 2000 SD 95
614 N.W.2d 800 RICHARD AMUNDSON, Appellee, v. SOUTH DAKOTA BOARD OF PARDONS PAROLES, Appellant. No. 21216Supreme Court of South Dakota.Considered on Briefs May 30, 2000; Opinion Filed July 19, 2000. Appeal from the Second Judicial Circuit, Minnehaha County, SD Hon. Peter Lieberman, Judge, #21216 — Reversed. Page 801 Richard L. Travis, Deborah A. Birgen, May, […]
MHW LTD. FAMILY PARTNERSHIP v. FARROKHI, 2005 SD 21
693 N.W.2d 66 MHW LIMITED FAMILY PARTNERSHIP, Plaintiff and Appellee, v. Abdollah FARROKHI, Defendant and Appellant. No. 23315.Supreme Court of South Dakota.Considered on Briefs January 10, 2005. Decided February 9, 2005. Appeal from the Circuit Court, Seventh Judicial Circuit, Pennington County, Janine M. Kern, J. Gregory J. Bernard of Thomas, Nooney, Braun, Solay Bernard, Rapid […]
STATE v. GALLIPO, 460 N.W.2d 739 (1990)
STATE of South Dakota, Plaintiff and Appellee, v. Gregory Scott GALLIPO, Defendant and Appellant. No. 16712.Supreme Court of South Dakota.Considered on Briefs February 14, 1990. Decided September 5, 1990. Appeal from the Circuit Court, Fifth Judicial Circuit, Brown County, Vernon C. Evans, J. Page 740 Craig M. Eichstadt, Asst. Atty. Gen., Pierre, for plaintiff and […]
MIDWEST OIL CO. v. OLSON, 66 S.D. 90 (1938)
278 N.W. 544 MIDWEST OIL COMPANY, Appellant, v. OLSON, Respondent File No. 8150.Supreme Court of South Dakota. Opinion filed March 29, 1938. 1. Venue. An order, transferring case to county of defendant’s residence for trial, need not be made within time for answering complaint, but statute is complied with if defendant’s written demand for trial […]
POINDEXTER v. POINDEXTER, 740 N.W.2d 887 (S.D. 2007)
Poindexter v. Poindexter. Nos. 24400, 24412.Supreme Court of South Dakota. September 4, 2007. Abstracts of Summary Dispositions Affirmed (TDT).
STATE v. WESTPHAL, 273 N.W.2d 155 (1978)
STATE of South Dakota, Plaintiff and Respondent, v. Timothy W. WESTPHAL, Defendant and Appellant. No. 12422.Supreme Court of South Dakota. December 29, 1978. Appeal from the Circuit Court, Eighth Judicial Circuit, Butte County, R.E. Brandenburg, J. Page 156 Peter H. Lieberman, Asst. Atty. Gen., Pierre, for plaintiff and respondent; William J. Janklow, Atty. Gen., Pierre, […]
STATE v. DASSINGER, 294 N.W.2d 926 (1980)
STATE of South Dakota, Plaintiff and Appellee, v. Lawrence J. DASSINGER, Defendant and Appellant. No. 12988.Supreme Court of South Dakota.Submitted on Briefs May 22, 1980. Decided July 23, 1980. Appeal from the Circuit Court, Sixth Judicial Circuit, Hughes County, Robert A. Miller, J. Page 927 Michael V. Black, Asst. Atty. Gen., Pierre, for plaintiff and […]
SMITH v. TRIPP COUNTY, 2009 SD 26
765 N.W.2d 242 Belva SMITH, Bonnie Dreyer, and James Carlon, Plaintiffs and Appellees, v. TRIPP COUNTY, South Dakota, Defendant and Appellant. No. 24937.Supreme Court of South Dakota.Considered on Briefs February 17, 2009. Decided April 15, 2009. Appeal from the Circuit Court, Sixth Judicial Circuit, Tripp County, Robert A. Miller, Retired J. Page 243 James E. […]
MEYER v. JOHNSON, 254 N.W.2d 107 (1977)
Jill Marie MEYER, A Minor, by and through her Guardian, Robert L. Meyer, Plaintiff and Appellant, v. Daryl JOHNSON, Defendant and Respondent. Robert L. MEYER and Mary Lou Meyer, Plaintiffs and Appellants, v. Daryl JOHNSON, Defendant and Respondent. No. 11881.Supreme Court of South Dakota. May 26, 1977. Appeal from the Circuit Court of the Seventh […]
IN RE KBP, 703 N.W.2d 671 (S.D. 2003)
IN RE KBP. No. 22685.Supreme Court of South Dakota. October 3, 2003. Abstract of summary disposition Affirmed (JWD).
OSTERKAMP v. ALKOTA MFG., INC., 332 N.W.2d 275 (1983)
Edward V. OSTERKAMP, Plaintiff and Appellant, v. ALKOTA MANUFACTURING, INC., Defendant and Appellee. No. 13758.Supreme Court of South Dakota.Argued October 12, 1982. Decided April 13, 1983. Rehearing Denied May 12, 1983. Appeal from the Circuit Court, First Judicial Circuit, Union County, E.W. Hertz, J. Page 276 Carleton R. Hoy of Davenport, Evans, Hurwitz Smith, Sioux […]
LAIRD v. LAIRD, 2002 SD 99
650 N.W.2d 296 THOMAS S. LAIRD, PLAINTIFF AND APPELLEE, v. EMMA FRENCH LAIRD, DEFENDANT AND APPELLANT. No. 21998Supreme Court of South Dakota.Considered On Briefs On February 11, 2002. Opinion Filed August 7, 2002. Appeal From The Circuit Court Of The First Judicial Circuit Bonne Homme County, South Dakota. Honorable Lee A. Tappe Judge. Page 297 […]
CASS v. PACIFIC MUTUAL LIFE INS. CO., 63 S.D. 279 (1934)
258 N.W. 125 CASS, Appellant, v. PACIFIC MUTUAL LIFE INS. CO., Respondent. File No. 7742.Supreme Court of South Dakota. Opinion filed December 17, 1934. Insurance. In action by insured to rescind agreement by which total disability clauses of two life policies were cancelled and insurer agreed to make disability payments under third policy, evidence supported […]
FRITZMEIER v. KRAUSE GENTLE CORPORATION, 2003 SD 112
669 N.W.2d 699 JANET FRITZMEIER, JAY FRITZMEIER, CHUCK COLMENERO, TODD LUNDGREN, JACK RENTSCHLER, JULIE RENTSCHLER, DON ROSE, JEAN ROSE, MIKE WILBUR, STEVE BRASHEARS and RANDY HEATON, Plaintiffs and Appellees, v. KRAUSE GENTLE CORPORATION, Defendant and Appellant, and BLIMPIE MIDWEST, L.L.C., Defendant. No. 22307, 22308Supreme Court of South Dakota.Argued: May 29, 2003 Filed: September 10, 2003 […]
HARDING-MOYER v. HARDING, 2000 SD 126
616 N.W.2d 899 HELEN ANN HARDING-MOYER, Plaintiff and Appellee, v. WILLIAM H. HARDING, Defendant and Appellant. No. 21181Supreme Court of South Dakota.Considered on Briefs April 24, 2000. Opinion Filed September 13, 2000. Appeal from the Seventh Judicial Circuit, Pennington County, SD Hon. Merton B. Tice Jr., Judge, #21181 — Reversed. Catherine E. Mattson, Rapid City, […]
FARMER v. DEPT. OF REVENUE REGULATION, 2010 SD 35
781 N.W.2d 655 James W. FARMER, f/d/b/a J.W. Farmer Associates, Inc., Plaintiff and Appellee, v. SOUTH DAKOTA DEPARTMENT OF REVENUE AND REGULATION, Defendant and Appellant. No. 25095.Supreme Court of South Dakota.Argued on August 25, 2009. Decided April 21, 2010. Appeal from the Circuit Court of the Sixth Judicial Circuit, Hughes County, Kathleen F. Trandahl, J. […]
STATE v. LONG SOLDIER, 703 N.W.2d 670 (S.D. 2003)
STATE v. LONG SOLDIER. No. 22628.Supreme Court of South Dakota. September 2, 2003. Abstract of summary disposition Affirmed (JWD).
POULSON v. FOSTER, 67 S.D. 372 (1940)
293 N.W. 361 POULSON, Respondent, v. FOSTER, Appellant File No. 8369.Supreme Court of South Dakota. Opinion filed July 26, 1940. New Trial — Physicians and Surgeons. Where there was no evidence in dentist’s action to recover for professional work and materials allegedly furnished to defendant’s family, as to the reasonable value of the services, nor […]
DEADWOOD v. M.R. GUSTAFSON FAMILY TR., 2010 SD 5
777 N.W.2d 628 CITY OF DEADWOOD, Plaintiff and Appellant, v. M.R. GUSTAFSON FAMILY TRUST, Defendant and Appellee. No. 25237.Supreme Court of South Dakota.Considered on Briefs November 16, 2009. Decided January 13, 2010. Appeal from the Circuit Court, Fourth Judicial Circuit, Lawrence County, Warren G. Johnson, J. Page 629 Jason A. Campbell, Deadwood, South Dakota, Attorney […]
MATTER OF M.C.S., 504 N.W.2d 322 (1993)
In the Matter of the Termination of the Parental Rights Over M.C.S., a Minor Child. Nos. 18000 and 18056.Supreme Court of South Dakota.Considered on Briefs April 20, 1993. Decided July 28, 1993. Appeal from the Circuit Court, Minnehaha County, William J. Srstka, J. Thomas J. Johnson of Quaintance, Johnson Starnes Sioux Falls, for appellant V.M.S. […]
METROPOLITAN LIFE INS. CO. v. FRICK, 61 S.D. 9 (1932)
245 N.W. 921 METROPOLITAN LIFE INSURANCE CO., Respondent, v. FRICK, et al, Appellants. File No. 7223.Supreme Court of South Dakota. Opinion filed December 13, 1932. 1. Mortgages. Where mortgagor and mortgagee relationship exists, mortgagee cannot as against mortgagor acquire title to property by tax deed. 2. Mortgages. Mortgagees seeking judgment decreeing foreclosure amended to decree […]
EX PARTE WATT, 73 S.D. 436 (1950)
44 N.W.2d 119 Ex Parte WATT 43 File No. 9181.Supreme Court of South Dakota. Opinion filed September 28, 1950. Page 437 Danforth Danforth, Sioux Falls, for Petitioner. Sigurd Anderson, Atty. Gen., Pierre, William J. Flittie, Asst. Atty. Gen., for Defendant. SEACAT, Circuit Judge. On November 17, 1942, an information containing two counts was filed in […]
WHITSON v. LENDE, 442 N.W.2d 267 (1989)
Barbara WHITSON and Jim Oliff, Plaintiffs and Appellees, v. Dale G. LENDE and Cheryl A. Lende, Defendants and Appellants. Nos. 16436, 16455.Supreme Court of South Dakota.Considered on Briefs April 27, 1989. Decided June 28, 1989. Appeal from the Circuit Court of the Eighth Judicial Circuit, Lawrence County, Scott C. Moses, J. Thomas E. Brady of […]
SPRINGER v. BLACK, 520 N.W.2d 77 (1994)
Colleen SPRINGER, as Guardian ad litem for L.R.S., Plaintiff and Appellant, v. Kenneth A. BLACK and Clarine A. Black, Defendants and Appellees. No. 18600.Supreme Court of South Dakota. Considered on Briefs May 24, 1994. Decided August 3, 1994. Appeal from the Circuit Court of the Sixth Judicial Circuit, Tripp County, Patrick J. McKeever, J. Stephanie […]
STATE v. PERCY, 80 S.D. 1 (1962)
117 N.W.2d 99 STATE, Respondent v. PERCY, Appellant File No. 9956.Supreme Court of South Dakota. Opinion filed September 28, 1962 1. Criminal Law. Qualification and competency of witness to speak as expert is primarily in discretion of trial court and his ruling will be disturbed only in case of clear abuse of discretion, but if […]
STATE v. JENSEN, 2011 SD 32
800 N.W.2d 359 STATE of South Dakota, Plaintiff and Appellee, v. William E. JENSEN, Defendant and Appellant. No. 25833.Supreme Court of South Dakota.Considered on Briefs May 23, 2011. Decided June 29, 2011. Appeal from the Circuit Court, Seventh Judicial Circuit, Pennington County, John J. Page 360 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT […]
SANDER v. WRIGHT, 394 N.W.2d 896 (1986)
Greg SANDER, Deborah Sander, and Greg Sander and Deborah Sander, Guardians Ad Litem for Danielle Sander, a Minor, Plaintiffs and Appellants, v. Florence WRIGHT, Defendant and Appellee. No. 15193.Supreme Court of South Dakota.Considered on Briefs May 22, 1986. Decided October 22, 1986. Appeal from the Circuit Court, Fifth Judicial Circuit, Brown County, Eugene E. Dobberpuhl, […]
MATTER OF DISCIPLINE OF REUTTER, 379 N.W.2d 315 (1985)
In the Matter of the DISCIPLINE OF Robert REUTTER, as an Attorney at Law. No. 14603.Supreme Court of South Dakota.Argued November 19, 1985. Decided December 31, 1985. R. James Zieser, Disciplinary Bd., South Dakota Bar Ass’n, Tyndall, for complainant. WUEST, Acting Justice. This is an original proceeding concerning a disciplinary action brought against Attorney Robert […]
STATE v. ADAMS, 703 N.W.2d 370 (S.D. 2002)
STATE v. ADAMS. No. 22173.Supreme Court of South Dakota. September 30, 2002. Affirmed (JSE). Page 371
STATE v. ANDERSON, 60 S.D. 187 (1932)
244 N.W. 119 STATE OF SOUTH DAKOTA, Respondent, v. ANDERSON, Appellant. File No. 7444.Supreme Court of South Dakota. Opinion filed September 8, 1932. 1. Criminal Law. Court judicially knows that since 1895 practice has been not to attempt to file information before defendant receives preliminary examination resulting in his being held to answer for offense […]
McCARTHY v. TIMM, 64 S.D. 466 (1936)
268 N.W. 108 McCARTHY, Appellant, v. TIMM, et al, Respondent. File No. 7919.Supreme Court of South Dakota. Opinion filed June 29, 1936. Appeal and Error. Where certified copies of notice of appeal and undertaking on appeal were filed with clerk of Supreme Court and appellant after more than five months thereafter had not filed brief […]
MATTER OF STATE MOTOR FUEL TAX LIAB., ETC., 273 N.W.2d 737 (1978)
In the Matter of the STATE MOTOR FUEL TAX LIABILITY OF A.G.E. CORPORATION. No. 12323.Supreme Court of South Dakota.Argued June 7, 1978. Decided December 29, 1978. Appeal from the Circuit Court, Sixth Judicial Circuit, Hughes County, Robert A. Miller, J. Page 738 Robert B. Anderson of May, Adam, Gerdes Thompson, Pierre, for appellant. Gene R. […]
AMERT CONST. CO. v. SPIELMAN, 331 N.W.2d 307 (1983)
AMERT CONSTRUCTION COMPANY, a corporation, Plaintiff and Appellant, v. Clifford E. SPIELMAN and Evelyn J. Spielman, Defendants and Appellees, and Guy Emery Spielman, James V. Berg, Don A. Berg, Ruth E. Witte, Clayton Berg, Carol V. Berg Brantner and Northwestern National Bank of Sioux Falls, Defendants. No. 13816.Supreme Court of South Dakota.Considered on Briefs January […]
BLACK HILLS JEWELRY MFG. v. FELCO JEWEL IND., 336 N.W.2d 153 (1983)
BLACK HILLS JEWELRY MANUFACTURING CO., a South Dakota corporation; F.L. Thorpe Company, Inc., a South Dakota corporation; and Stamper Black Hills Gold Jewelry, Inc., a South Dakota corporation, Plaintiffs and Appellants, v. FELCO JEWEL INDUSTRIES, INC., a corporation; South Dakota Gold Company, Inc., a South Dakota corporation; and Johnson Matthey, an international jewelry conglomerate, Defendants […]
McKEAN AUTO CO. v. G G RUG F. CO., 64 S.D. 594 (1936)
269 N.W. 375 McKEAN AUTO COMPANY, Respondent, v. G G RUG FURNITURE COMPANY, Appellant. File No. 7978.Supreme Court of South Dakota. Opinion filed October 26, 1936. Automobiles. Owner of automobile held not entitled to recover damage to automobile from collision with truck, where negligence of both employee operating automobile and truck driver contributed to and […]
PEOPLE IN INTEREST OF C.R.M., 307 N.W.2d 131 (1981)
The PEOPLE of the State of South Dakota In the Interest of C.R.M., a Child and Concerning I.D.W., Father, and C.M., Mother. No. 13298.Supreme Court of South Dakota.Submitted on Briefs May 28, 1981. Decided June 17, 1981. Appeal from the Seventh Judicial Circuit Court, Pennington County, Merton B. Tice, J. Janice Godtland, Asst. Atty. Gen., […]
ITZEN v. WILSEY, 440 N.W.2d 312 (1989)
Robert ITZEN, Plaintiff and Appellant, v. Richard WILSEY, Defendant and Appellee. No. 16081.Supreme Court of South Dakota.Considered on Briefs January 13, 1989. Decided May 10, 1989. Appeal from the Circuit Court, Second Judicial Circuit, Minnehaha County, Gene Paul Kean, J. Page 313 Robert Itzen, pro se. Rick W. Orr of Davenport, Evans, Hurwitz Smith, Sioux […]
LAMP v. FIRST NAT. BANK OF GARRETSON, 496 N.W.2d 581 (1993)
Marjorie LAMP, Administratrix With Will Annexed of the Estate of Louise Edmundson, Deceased, Plaintiff and Appellant, v. FIRST NATIONAL BANK OF GARRETSON, South Dakota, Defendant and Appellee. No. 17693.Supreme Court of South Dakota.Argued May 28, 1992. Reassigned October 19, 1992. Decided February 3, 1993. Appeal from the Circuit Court, Second Judicial Circuit, Minnehaha County, Judith […]
STATE v. DENTON, 747 N.W.2d 148 (S.D. 2008)
State v. Denton. No. 24601.Supreme Court of South Dakota. March 31, 2008. Affirmed (APF).
FRANSEN v. STATE, 59 S.D. 432 (1932)
240 N.W. 503 FRANSEN, Plaintiff, v. STATE, et al, Defendants. File No. 7168.Supreme Court of South Dakota. Opinion filed January 25, 1932. 1. Mortgages. Erroneous impression of purchaser of property that state could hold only first mortgages held not to excuse purchaser’s negligence in failing to ascertain whether mortgage foreclosed was first lien. 2. Contracts. […]
ERICKSON v. MINNESOTA GAS CO., 358 N.W.2d 526 (1984)
Howard M. ERICKSON, Claimant and Appellee, v. MINNESOTA GAS CO. and Royal Insurance Co., Employer and Insurer and Appellants. No. 14330.Supreme Court of South Dakota.Argued April 16, 1984. Decided November 28, 1984. Appeal from the Circuit Court, Second Judicial Circuit, Minnehaha County, R.D. Hurd, J. William Fuller of Woods, Fuller, Shultz Smith, P.C., Sioux Falls, […]
HANNAHS v. NOAH, EXECUTRIX, 83 S.D. 296 (1968)
158 N.W.2d 678 HANNAHS, Respondent v. NOAH, Executrix, Appellant File No. 10395.Supreme Court of South Dakota. Opinion filed May 13, 1968 Page 297 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 298 Appeal from Circuit Court, Tripp County; Hon. H.P. Gilchrist, Judge. […]
EGAN v. SHINDELBOWER, 73 S.D. 212 (1950)
41 N.W.2d 225 EGAN, Appellant, v. SHINDELBOWER, Respondent File No. 9064.Supreme Court of South Dakota. Opinion filed February 8, 1950. Page 213 Appeal from Circuit Court, Fall River County; Hon. Turner M. Rudesill, Judge. Action by John Egan, by his guardian ad litem, to set aside a deed. From a judgment for defendant the plaintiff […]
STATE v. MILLER, 248 N.W.2d 61 (1976)
STATE of South Dakota, Plaintiff and Respondent. v. Warren E. MILLER, Defendant and Appellant. No. 11771.Supreme Court of South Dakota. December 16, 1976. Appeal from the Circuit Court, Third Judicial Circuit, Codington County, Thomas G. Reis, J. Earl R. Mettler, Asst. Atty. Gen., Pierre, for plaintiff and respondent; William J. Janklow, Atty. Gen., Pierre, on […]
SIMMONS v. CITY OF SIOUX FALLS, 374 N.W.2d 631 (1985)
Flora SIMMONS and John Simmons, Plaintiffs and Appellees, v. CITY OF SIOUX FALLS, A Municipal Corporation; Sioux Falls Park Superintendent Ken Munro, in his individual capacity; City Employee Terry Van Doren, in his individual capacity; City Employee Shawn McCormick in his individual capacity; and City Employee Edwin Charlton, in his individual capacity, Defendants and Appellants. […]
STATE v. CHRISTMAS, 83 S.D. 506 (1968)
162 N.W.2d 125 STATE, Respondent v. CHRISTMAS, Appellant File No. 10475.Supreme Court of South Dakota. Opinion filed October 29, 1968 Page 507 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 508 Appeal from Circuit Court, Pennington County; Hon. George D. Lampert, Judge. […]
STATE v. GAGNE, 421 N.W.2d 502 (1988)
STATE of South Dakota, Plaintiff and Appellee, v. Paul E. GAGNE, Defendant and Appellant. No. 15733.Supreme Court of South Dakota.Considered on Briefs February 19, 1988. Decided April 6, 1988. Appeal from the Fourth Judicial Circuit Court, Lake County, Ronald K. Miller, J. Mark Smith, Asst. Atty. Gen., Pierre, for plaintiff and appellee; Roger A. Tellinghuisen, […]
BEBERMEYER v. BOARD OF COMMRS., 63 S.D. 593 (1935)
262 N.W. 175 BEBERMEYER, et al, Respondents, v. THE BOARD OF COUNTY COMMISSIONERS OF EDMUNDS COUNTY, S.D., et al, Appellants. File No. 7769.Supreme Court of South Dakota. Opinion filed August 5, 1935. 1. Newspapers. Interpretation of statute which requires that legal newspaper be printed in part in office maintained at place of publication should not […]
HARVISON v. HERRICK, 61 S.D. 245 (1933)
248 N.W. 205 HARVISON, et al, Respondents, v. HERRICK, Appellant. File No. 7235.Supreme Court of South Dakota. Opinion filed April 24, 1933. 1. Negligence. Violation of statute does not, without more, prevent plaintiff from recovering damages suffered by him at hands of negligent defendant unless violation of statute contributed as part of proximate cause of […]
CLARK v. BOARD OF COUNTY COMMRS., 64 S.D. 417 (1936)
267 N.W. 138 CLARK, Respondent, v. BOARD OF COUNTY COMMISSIONERS, et al, Appellants. File No. 7916.Supreme Court of South Dakota. Opinion filed May 14, 1936. 1. Statutes. Statute providing rate at which all county officers should be paid for expense of traveling in discharge of their official duties held “general law” and not “private or […]