621 N.W.2d 163 RON DAHL, Plaintiff and Appellant, v. COMBINED INSURANCE COMPANY, Defendant and Appellee. No. 21291Supreme Court of South Dakota.Argued September 21, 2000. Opinion Filed January 17, 2001. Appeal from the Second Judicial Circuit, Minnehaha County, SD Hon. Glen A. Severson, Judge, #21291 — Reversed. Page 164 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES […]
Category: South Dakota Supreme Court Opinions
STATE v. HEFTEL, 513 N.W.2d 397 (1994)
STATE of South Dakota, Plaintiff and Appellee, v. Philip Ross HEFTEL, Defendant and Appellant. No. 18327.Supreme Court of South Dakota.Considered on Briefs January 11, 1994. Decided March 16, 1994. Appeal from the Circuit Court, Eighth Judicial Circuit, Lawrence County, Timothy R. Johns, J. Page 398 Mark Barnett, Atty. Gen., Wade Hubbard, Asst. Atty. Gen., Pierre, […]
ORR v. KNEIP, 287 N.W.2d 480 (1979)
Robert D. ORR, Frank Dixon, C.H. Peterson, Keith Kettering, Carol Reed and Phyllis Huss, Plaintiffs and Respondents, v. Richard F. KNEIP, Governor of the State of South Dakota; Vern Butler, Secretary of the Department of Natural Resources of the State of South Dakota; The Department of Natural Resources of the State of South Dakota; The […]
HORN v. DAKOTA PORK, 2006 SD 5
709 N.W.2d 38 Daniel HORN, Claimant and Appellant, v. DAKOTA PORK and Wausau Insurance Companies, Employer, Insurer and Appellees and Riverside Manufacturing and AIG Claims Services, Employer, Insurer and Appellees. No. 23528.Supreme Court of South Dakota.Considered on Briefs August 30, 2005. Decided January 11, 2006. Appeal from the Circuit Court, Sixth Judicial Circuit, Hughes County, […]
FIRST NATIONAL v. COMMISSION, 2009 SD 58
769 N.W.2d 847 FIRST NATIONAL BANK OF FT. PIERRE, Intervenor and Appellant, v. SOUTH DAKOTA STATE BANKING COMMISSION, DEPARTMENT OF COMMERCE AND REGULATION, DIVISION OF BANKING, and Dakota Prairie Bank, Appellees. No. 24911.Supreme Court of South Dakota.Argued January 13, 2009. Decided July 15, 2009. Page 848 Appeal from the Circuit Court, Sixth Judicial Circuit, Hughes […]
JACOBSON v. NELSON, 71 S.D. 350 (1946)
24 N.W.2d 332 JACOBSON, Petitioner, v. NELSON, et al, Appellants File No. 8890.Supreme Court of South Dakota. Opinion filed October 2, 1946. 1. Statutes. Where title of legislative act expresses a general subject or purpose that is single, all matters naturally and reasonably included in it and all measures that will or may facilitate accomplishment […]
MORTENSON v. COUNTY OF STANLEY, 303 N.W.2d 107 (1981)
Clarence MORTENSON and Marlin Scarborough, Plaintiffs and Appellants, v. STANLEY COUNTY, Stanley County Board of Equalization and South Dakota Board of Equalization, Defendants and Appellees. No. 12933.Supreme Court of South Dakota.Argued September 8, 1980. Decided March 11, 1981. Appeal from the Circuit Court, Sixth Judicial Circuit, Stanley County, Patrick McKeever, J. Page 108 Harold H. […]
STATE v. POSS, 298 N.W.2d 80 (1980)
STATE of South Dakota, Plaintiff and Appellee, v. Nicholas John POSS, Defendant and Appellant. No. 12871.Supreme Court of South Dakota.Argued February 21, 1980. Decided October 29, 1980. Appeal from the Circuit Court of the Seventh Judicial Circuit, Pennington County, Jeff W. Davis, J. Page 81 Miles F. Schumacher, Asst. Atty. Gen., Pierre, for plaintiff and […]
MATTER OF MAXWELL, 248 N.W.2d 400 (1976)
In the Matter of the Parole Revocation of Joel Lee MAXWELL. No. 11839.Supreme Court of South Dakota. December 22, 1976. Appeal from the Sixth Judicial Circuit Court, Hughes County, Robert A. Miller, J. Ronald E. Brodowicz, Pennington County Public Defender, Rapid City, and Lori Scully, Legal Intern, for appellant Joel Lee Maxwell. John P. Guhin, […]
BISON TOWNSHIP v. PERKINS COUNTY, 2000 SD 38
607 N.W.2d 589 BISON TOWNSHIP, Plateau Township, Lincoln Township, Rainbow Township, Lone Tree Township, Scotch Cap Township, Wilson Township, Vickers Township, Strool Township, Maltby Township Viking Township, and Horsecreek Township, Appellants, v. PERKINS COUNTY, SOUTH DAKOTA, Appellee. No. 21048.Supreme Court of South Dakota.Considered on Briefs January 10, 2000. Opinion Filed March 15, 2000. Appeal from […]
SMITH v. GILBERT YARDS, 70 S.D. 246 (1944)
16 N.W.2d 912 SMITH, Appellant, v. GILBERT YARDS, et al, Respondents File No. 8683.Supreme Court of South Dakota. Opinion filed December 21, 1944. 1. Landlord and Tenant. Occurrence of fire destroying personal property of tenant of apartment building was evidence that might be considered with other facts upon question of landlord’s negligence, but raised no […]
LONG v. KNIGHT CONST. CO., INC., 262 N.W.2d 207 (1978)
Paul LONG, Plaintiff and Appellant, v. KNIGHT CONSTRUCTION COMPANY, INC., a Corporation, Webster, South Dakota, Defendant and Respondent. No. 12134.Supreme Court of South Dakota. February 8, 1978. Rehearing Denied March 10, 1978. Appeal from the Circuit Court of the Ninth (Now Third) Judicial Circuit, Faulk County, Vernon C. Evans, J. Page 208 Charles E. Gorsuch, […]
CITY OF ABERDEEN v. LUTGEN, 303 N.W.2d 372 (1981)
CITY OF ABERDEEN, a Municipal Corporation of the State of South Dakota, Plaintiff and Appellant, v. Charles H.K. LUTGEN, Defendant and Appellee. No. 12895.Supreme Court of South Dakota.Considered On Briefs November 26, 1980. Decided March 18, 1981. Appeal from the Circuit Court, Fifth Judicial Circuit, Brown County, Leland J. Berndt, J. Page 373 Charles B. […]
TRIPP v. F K ASSAM, 2008 SD 78
755 N.W.2d 106 Marvin E. TRIPP and Donna Tripp De Schepper, a/k/a Donna De Schepper, Plaintiffs and Appellants, v. F K ASSAM FAMILY, LLC, a South Dakota limited liability company; Samuel R. Assam and Lori R. Dewitt, As Co-trustees of the Assam Credit Trust Established under the Fred Assam Revocable Inter Vivos Trust Agreement dated […]
AMIOTTE v. S.D. BD. OF PARDONS, 2008 SD 123
759 N.W.2d 127 Thomas M. AMIOTTE, Appellant, v. SOUTH DAKOTA BOARD OF PARDONS AND PAROLES, Appellee. No. 24836.Supreme Court of South Dakota.Considered on Briefs November 3, 2008. Decided December 17, 2008. Appeal from the Circuit Court, Second Judicial Circuit, Minnehaha County, Peter H. Lieberman, J. Page 128 Nichole Carper, Sioux Falls, South Dakota, Attorney for […]
STATE v. LETCHER, 1996 SD 88
552 N.W.2d 402 STATE of South Dakota, Plaintiff and Appellee, v. Donald Anthony LETCHER, a/k/a Tony Letcher, Defendant and Appellant. No. 19368.Supreme Court of South Dakota.Considered on Briefs May 22, 1996. Decided July 17, 1996. Appeal from the Fourth Judicial Circuit Court, McCook County, Lee D. Anderson, J. Page 403 Mark Barnett, Attorney General, Jennifer […]
WOODS v. SOLEM, 405 N.W.2d 59 (1987)
Wayne WOODS, Petitioner and Appellant, v. Herman SOLEM, Warden, South Dakota Penitentiary, Respondent and Appellee. No. 15366-a-FEH.Supreme Court of South Dakota.Considered on Briefs November 20, 1986. Decided April 22, 1987. Rehearing Denied May 15, 1987. Appeal from the Circuit Court, Eighth Judicial Circuit, Lawrence County, Scott C. Moses, J. Page 60 Richard Braithwaite of Braithwaite […]
STATE v. MINOR, 779 N.W.2d 167 (S.D. 2010)
State v. Minor. No. 25190.Supreme Court of South Dakota. November 23, 2009. Abstracts of Summary Dispositions Fiscal Year 2010, Affirmed (MB).
SCOTT v. CLASS, 532 N.W.2d 399 (1995)
James L. SCOTT, a/k/a James Larry Smith, Petitioner and Appellant, v. Joseph CLASS, Warden South Dakota State Penitentiary, Appellee. No. 18852.Supreme Court of South Dakota.Considered on Briefs March 21, 1995. Decided May 24, 1995. Appeal from the Circuit Court, Second Judicial Circuit, Minnehaha County, Judith Meierhenry, J. Page 400 Timothy J. Langley, Sioux Falls, for […]
IN RE O’DONNELL`S ESTATE, 71 S.D. 339 (1946)
24 N.W.2d 326 In Re O’DONNELL’S ESTATE File No. 8856.Supreme Court of South Dakota. Opinion filed September 16, 1946. 1. Executors and Administrators. Statements in husband’s will were not sufficient to show an express intention by husband to deprive wife of her statutory widow’s allowance. SDC 35.1303. 2. Executors and Administrators. The fact that testator’s […]
IN RE KLIEN, 2003 SD 119
670 N.W.2d 367 IN THE MATTER OF RAYMOND KLEIN, Appraiser. No. 22694Supreme Court of South Dakota.Considered On Briefs On August 25, 2003 Opinion Filed September 24, 2003 Appeal From The Circuit Court Of The Fourth Judicial Circuit Butte County, South Dakota. Honorable Jerome A. Eckrich, III Judge. LAWRENCE E. LONG Attorney General GRANT GORMLEY Assistant […]
MATTER OF ESTATE OF SMITH, 481 N.W.2d 471 (1992)
In the Matter of the ESTATE of Sidney J. SMITH. Nos. 17496, 17513.Supreme Court of South Dakota.Considered on Briefs January 13, 1992. Decided March 11, 1992. Appeal from the Circuit Court of the Seventh Judicial Circuit, Pennington County, John K. Konenkamp, J. Doyle D. Estes, Rapid City, for appellant Frank V. Simpson; Nora K. Kelley, […]
STATE EX REL. BAKEWELL v. HANSEN, 67 S.D. 499 (1940)
294 N.W. 445 STATE ex rel. BAKEWELL, Plaintiff, v. HANSEN, County Auditor, et al, Defendant File No. 8443.Supreme Court of South Dakota.Opinion filed October 30, 1940. Rehearing Denied November 2, 1940. 1. Prohibition. Where the only Democratic candidate for state’s attorney was ineligible for office at time of signing nominating petition, but validity of such […]
BECKER v. PFEIFER, 1999 SD 17
588 N.W.2d 913 LARRY BECKER, Plaintiff and Appellant, v. JULIE PFEIFER, Defendant and Appellee. Supreme Court of South Dakota.Considered on Briefs January 7, 1999; Opinion Filed February 4, 1999 Appeal from the Fifth Judicial Circuit, Brown County, SD, Hon. Jack R. Von Wald, Judge #20633 — Affirmed. Page 914 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. […]
LASS v. ERICKSON, 74 S.D. 503 (1952)
54 N.W.2d 741 LASS et al., v. ERICKSON et al., Respondents (AXEL T. SEGER et al., Interveners), Appellants ERICKSON et al., Respondents, v. LASS et al., (AXEL T. SEGER et al., Interveners), Appellants File No. 9282.Supreme Court of South Dakota. Opinion filed August 25, 1952. Page 504 Appeal from Circuit Court, Clay County; Hon. Walter […]
EDINGER v. EDINGER, 2006 SD 103
724 N.W.2d 852 Jackie L. EDINGER, Plaintiff and Appellant, v. James W. EDINGER, Defendant and Appellee. Nos. 24016, 24030.Supreme Court of South Dakota.Considered on Briefs October 2, 2006. Decided November 21, 2006. Appeal from the Circuit Court, Fifth Judicial Circuit, Walworth County, Scott P. Myren, J. Page 853 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES […]
MATTER OF C.W., 1997 SD 57
562 N.W.2d 903 In the Matter of the Abuse and Neglect of C.W., B.W. and A.W., and Concerning L.W., R.S. and E.S. Nos. 19588, 19563 and 19589.Supreme Court of South Dakota.Considered on Briefs April 7, 1997. Decided May 14, 1997. Appeal from the Seventh Judicial Circuit Court, Pennington County, John E. Fitzgerald, Jr., J. Page […]
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 […]
STATE v. ROBERTS, 384 N.W.2d 688 (1986)
STATE of South Dakota, Plaintiff and Appellee, v. Dennis ROBERTS, Defendant and Appellant. No. 14972.Supreme Court of South Dakota.Argued January 13, 1986. Decided April 2, 1986. Appeal from the Circuit Court, Eighth Judicial Circuit, Lawrence County, Warren Johnson, J. Page 689 Grant E. Gormley, Chief Deputy Atty. Gen., Pierre, for plaintiff and appellee; Mark V. […]
PARADIGM HOTEL v. SIOUX FALLS HOTEL, 511 N.W.2d 567 (1994)
PARADIGM HOTEL MORTGAGE FUND, a Utah limited partnership, by its Partners, Paradigm Capital Inc., a Utah corporation, Grant S. Kesler, an individual, Stephen Wade, an individual, Jim K. Conover, an individual, and Paradigm Depository Corporation, a Utah corporation, Plaintiffs and Appellees, v. SIOUX FALLS HOTEL COMPANY, INC., a South Dakota corporation, and Steven C. Willis, […]
STATE EX REL BURKE v. MARSO, 63 S.D. 38 (1934)
256 N.W. 257 STATE ex rel BURKE, Plaintiff, v. MARSO, Sheriff of Hughes County, Defendant. File No. 7738.Supreme Court of South Dakota. Opinion filed September 17, 1934. 1. Criminal Law. Justice of peace summoning bank cashier for examination of bank records in John Doe proceeding to discover tax evasion had no authority to proceed further […]
STATE v. HOFER, 795 N.W.2d 412 (S.D. 2011)
State v. Hofer. No. 25712.Supreme Court of South Dakota. March 28, 2011. Abstracts of Summary Dispositions Affirmed (LEL).
MEDICINE HORN v. JAMESON, 78 S.D. 282 (1960)
100 N.W.2d 829 STATE ex rel. MEDICINE HORN, Appellant v. JAMESON, Respondent File No. 9779.Supreme Court of South Dakota. Opinion filed February 9, 1960 Appeal from Circuit Court, Minnehaha County; Hon. Roy D. Burns, Judge. Application for a writ of habeas corpus. From a judgment denying the application, plaintiff appeals. Judgment affirmed. Anderson Weisensee, Sioux […]
RUDEN v. DALKIN, 62 S.D. 66 (1933)
251 N.W. 807 RUDEN, Superintendent of Banks, Appellant, v. DALKIN, Respondent. File No. 7378.Supreme Court of South Dakota. Opinion filed December 19, 1933. 1. Evidence. In action against maker on note, parol evidence showing that under specified agreement intervener was principal debtor under note held not inadmissible as altering terms of written instrument by parol. […]
NELSON v. NELSON, 703 N.W.2d 170 (S.D. 2001)
NELSON v. NELSON. No. 21756.Supreme Court of South Dakota. September 4, 2001. Affirmed (LDA).
McKIE v. HUNTLEY, 2000 SD 160
620 N.W.2d 599 RODNEY W. McKIE, Plaintiff and Appellee, v. RON HUNTLEY, d/b/a Huntley Construction “Concrete,” Defendant and Appellant. No. 21218Supreme Court of South Dakota.Considered on Briefs September 18, 2000. Opinion Filed December 27, 2000. Appeal from the Seventh Judicial Circuit, Pennington County, SD Hon. Merton B. Tice Jr., Judge, #21218 — Affirmed in part; […]
STATE v. PRAY, 65 S.D. 1 (1936)
270 N.W. 512 STATE, Respondent, v. PRAY, Appellant. File No. 7853.Supreme Court of South Dakota. Opinion filed December 17, 1936. 1. Criminal Law. Corroboration of accomplice’s testimony must be of testimony tending to connect defendant with commission of offense charged, not merely of fact that offense was committed, nor of trivialities or immaterial matters, to […]
WEEKS v. PROSTROLLO SONS, INC., 84 S.D. 243 (1969)
169 N.W.2d 725 WEEKS, Appellant v. PROSTROLLO SONS, INC., Respondent File Nos. 10512, 10513.Supreme Court of South Dakota. Opinion filed August 6, 1969 Page 244 Appeal from Circuit Court, Meade County; Hon. Leslie R. Hersrud, Judge. Page 245 Reversed. Bangs, McCullen, Butler Foye, Joseph M. Butler, Rapid City, and Hanley, Wallahan, Driscoll Murray, Franklin J. […]
JANDREAU v. SHEESLEY PLUMBING HEATING CO., 324 N.W.2d 266 (1982)
Fay JANDREAU and Roberta Jandreau, Plaintiffs and Appellants, v. SHEESLEY PLUMBING HEATING COMPANY, INC., and Federal Irrigation, Inc., Defendants and Appellees, and Valmont Industries, Inc., Defendant. No. 13552.Supreme Court of South Dakota.Argued January 21, 1982. Decided September 1, 1982. Appeal from the Fourth Judicial Circuit Court, Davison County, Marshall Gerken, J. Page 267 Wally Eklund […]
KANE v. KUNDERT, 371 N.W.2d 172 (1985)
George KANE, Individually, and the South Dakota Democratic Party, Appellants, v. Alice KUNDERT, Secretary of State, Appellee. Nos. 14905, 14906.Supreme Court of South Dakota.Argued May 21, 1985. Decided July 17, 1985. Appeal from the Circuit Court, Sixth Judicial Circuit, Hughes County, James Anderson, J. Page 173 Jeff Masten of Masten, Myrabo Irons, P.C., Canton, for […]
APPLICATION OF DEFENDER, 435 N.W.2d 717 (1989)
In the Matter of the Application of Carole DEFENDER for a Writ of Habeas Corpus, Petitioner and Appellee. Loren Zephier, Respondent and Appellant. No. 15945.Supreme Court of South Dakota.Considered on Briefs October 11, 1988. Decided January 18, 1989. Appeal from the Circuit Court, Fifth Judicial Circuit, Brown County, Eugene E. Dobberpuhl, J. Page 718 Billy […]
STATE v. NOVAOCK, 414 N.W.2d 299 (1987)
STATE of South Dakota, Plaintiff and Appellee, v. Kurt A. NOVAOCK, Defendant and Appellant. No. 15548.Supreme Court of South Dakota.Argued September 3, 1987. Decided October 21, 1987. Appeal from the Circuit Court, First Judicial Circuit, Douglas County, Jay H. Tapken, J. Page 300 Jon R. Erickson, Asst. Atty. Gen., Pierre, for plaintiff and appellee; Roger […]
BUTTERFIELD v. CITIBANK OF SOUTH DAKOTA, 437 N.W.2d 857 (1989)
Ronald W. BUTTERFIELD, Plaintiff and Appellant, v. CITIBANK OF SOUTH DAKOTA, N.A., Defendant and Appellee. No. 16067.Supreme Court of South Dakota.Considered on Briefs September 2, 1988. Decided March 15, 1989. Appeal from the Circuit Court, Second Judicial Circuit, Minnehaha County, Robert A. Amundson, J. John E. Burke and Donald N. Srstka, Sioux Falls, for plaintiff […]
IN RE PETITION OF WEST RIVER ELECTRIC ASSN., INC., 2004 SD 11
675 N.W.2d 222 IN THE MATTER OF THE PETITION OF WEST RIVER ELECTRIC ASSOCIATION, INC., FOR A DECLARATORY RULING REGARDING SERVICE TERRITORY RIGHTS CONCERNING BLACK HILLS POWER, INC., AND WEST RIVER ELECTRIC ASSOCIATION, INC. Nos. 22827, 22834Supreme Court of South Dakota.Argued November 19, 2003 Opinion Filed January 28, 2004 Appeal From The Circuit Court Of […]
STATE v. OGELI, 759 N.W.2d 131 (S.D. 2008)
State v. Ogeli. No. 24774.Supreme Court of South Dakota. October 6, 2008. Affirmed (JN).
WILHELM v. NARREGANG-HART CO., 66 S.D. 155 (1938)
279 N.W. 549 WILHELM, Respondent, v. NARREGANG-HART CO., et al. Appellants File No. 8118.Supreme Court of South Dakota. Opinion filed May 6, 1938. 1. Workmen’s Compensation. On appeal from determination of industrial commissioner, circuit court is not the trier of facts and only question reviewable by circuit court or Supreme Court is whether commissioner’s fact […]
SPECK v. ANDERSON, 349 N.W.2d 49 (1984)
Donald SPECK and Joan Speck, Plaintiffs and Appellants, v. George ANDERSON, Defendant and Appellee. Nos. 14201, 14229.Supreme Court of South Dakota.Argued April 17, 1984. Decided May 29, 1984. Appeal from the Circuit Court, Fourth Judicial Circuit, Buffalo County, Marshall M. Gerken, J. Page 50 Charles Rick Johnson of Johnson, Eklund Davis, Gregory, for plaintiffs and […]
PEOPLE IN INTEREST OF T.G., 1998 SD 54
578 N.W.2d 921 The PEOPLE of the State of South Dakota in the Interest of T.G. and C.G., Children, And Concerning S.G., C.H. and D.C. No. 20304.Supreme Court of South Dakota.Considered on Briefs May 7, 1998. Decided May 27, 1998. Appeal from the Circuit Court, Seventh Judicial District, Pennington County, Merton B. Tice, Jr., J. […]
STRAIN v. FERRIS, 65 S.D. 226 (1937)
272 N.W. 677 STRAIN, Superintendent of Banks, Respondent, v. FERRIS, et al, Appellant. File No. 7859.Supreme Court of South Dakota. Opinion filed April 21, 1937. 1. Deeds. Fact that husband who had deeded property to wife continued to control and deal with property after delivery was insufficient in itself to overcome presumed intention of husband […]
BADDOU v. HALL, 2008 SD 90
756 N.W.2d 554 Abdelaziz BADDOU, Plaintiff and Appellant, v. Carla Jean HALL, Defendant and Appellee. No. 24690.Supreme Court of South Dakota.Considered on Briefs May 21, 2008. Decided September 17, 2008. Appeal from the Circuit Court, Seventh Judicial Circuit, Pennington County, John J. Delaney, J. Page 555 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT […]
OLESEN v. TOWN OF HURLEY, 2004 SD 136
691 N.W.2d 324 Burnell OLESEN and Mary E. Olesen, Plaintiffs and Appellees, v. TOWN (City) OF HURLEY, Defendant and Appellant. No. 22934.Supreme Court of South Dakota.Considered on Briefs June 1, 2004. Decided December 29, 2004. Appeal from the Circuit Court, First Judicial Circuit, Turner County, David R. Gienapp, J. Page 325 Samuel M. Goodhope of […]
GEAREY v. WEBER, 789 N.W.2d 321 (S.D. 2010)
Gearey v. Weber. No. 25301.Supreme Court of South Dakota. March 29, 2010. Abstracts of Summary Dispositions Affirmed (O’Brien)
SIOUX FALLS v. CLEVELAND, 75 S.D. 548 (1955)
70 N.W.2d 62 CITY OF SIOUX FALLS, Appellant v. CLEVELAND et al., Respondents File No. 9445.Supreme Court of South Dakota. Opinion filed April 30, 1955. 1. Municipal Corporations. Function of court in placing interpretation on zoning ordinance is to discover and declare intention of legislative body by which it was enacted. SDC 45.2614. 2. Municipal […]
IN RE ESTATE OF HOWE, 2004 SD 118
689 N.W.2d 22 ESTATE OF Edna Jane HOWE. Nos. 22901, 22917, 22957, 22983.Supreme Court of South Dakota.Argued March 22, 2004. Decided October 20, 2004. Appeal from the Circuit Court of the Seventh Judicial Circuit, Pennington County, Thomas L. Trimble, J. Page 23 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF […]
COX v. GENERAL MOTORS ACCEP. CORP., 59 S.D. 588 (1932)
241 N.W. 609 COX, Respondent, v. GENERAL MOTORS ACCEPTANCE CORP., et al, Appellant. File No. 7311.Supreme Court of South Dakota. Opinion filed March 22, 1932. 1. Sales. Where conditional buyer tendered balance due on installment and expenses, seller, who had retaken automobile, could not insist on payment of full contract amount by virtue of acceleration […]
PANKRATZ v. MILLER, 401 N.W.2d 543 (1987)
Duane C. PANKRATZ, Plaintiff and Appellee, v. Winston MILLER, Defendant and Appellant. No. 15234.Supreme Court of South Dakota.Considered on Briefs October 22, 1986. Decided February 25, 1987. Appeal from the Circuit Court, Second Judicial Circuit, Minnehaha County, Robert C. Heege, J. Page 544 Rory M. Barth, Sioux Falls, George T. Qualley, Sioux City, Iowa, for […]
STATE v. BRUCH, 1997 SD 74
565 N.W.2d 789 STATE of South Dakota, Plaintiff and Appellee, v. Carl Richard BRUCH, Defendant and Appellee. No. 19688.Supreme Court of South Dakota.Considered on Briefs December 5, 1996. Decided June 25, 1997. Appeal from the Circuit Court, Eighth Judicial Circuit, Meade County, Scott C. Moses, J. Page 790 Mark Barnett, Attorney General, Grant Gormley, Assistant […]
IN RE H.M., 790 N.W.2d 240 (S.D. 2010)
In re H.M. No. 25442.Supreme Court of South Dakota. July 23, 2010. Abstracts of Summary Dispositions Affirmed (JAE)
FOSSUM v. ZURN, 78 S.D. 260 (1960)
100 N.W.2d 805 FOSSUM, Administrator, Respondent v. ZURN, Appellant File No. 9781.Supreme Court of South Dakota. Opinion filed January 30, 1960 Page 261 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 262 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN […]
RASMUSSEN v. SOUTH DAKOTA DEPT. OF LABOR, 510 N.W.2d 655 (1993)
Lloyd RASMUSSEN, Claimant and Appellant, v. SOUTH DAKOTA DEPARTMENT OF LABOR, Defendant and Appellee, and H I Grain and Leasing, Employer and Appellee. No. 18304.Supreme Court of South Dakota.Considered on Briefs September 3, 1993. Decided December 29, 1993. Appeal from the Circuit Court, Third Judicial Circuit, Deuel County, Robert L. Timm, J. Eric N. Rasmussen […]
LARSON v. KREISER’S, INC., 427 N.W.2d 833 (1988)
Dave LARSON, Plaintiff and Appellant, v. KREISER’S, INC., Defendant and Appellee. No. 15907.Supreme Court of South Dakota.Considered on Briefs March 25, 1988. Decided August 17, 1988. Appeal from the Second Judicial Circuit Court, Minnehaha County, William C. Heuermann, J. John E. Burke, Sioux Falls, for plaintiff and appellant. Thomas K. Wilka, Sioux Falls, for defendant […]
WESTERN S.D. COMMUNITY ACTION PROGRAM v. STATE, 303 N.W.2d 379 (1981)
WESTERN SOUTH DAKOTA COMMUNITY ACTION PROGRAM, INC., Appellee, v. STATE of South Dakota DEPARTMENT OF REVENUE, Appellant. No. 13224.Supreme Court of South Dakota.Argued February 12, 1981. Decided March 18, 1981. Appeal from the Circuit Court, Seventh Judicial Circuit, Pennington County, Thomas Parker, J. Doyle D. Estes of Gunderson, Farrar, Aldrich, Warder DeMersseman, Rapid City, for […]
WILLIAMS v. BLACK HILLS BENEFIT, 70 S.D. 611 (1945)
19 N.W.2d 769 WILLIAMS, Respondent, v. BLACK HILLS BENEFIT LIFE ASSOCIATION, Appellant File No. 8749.Supreme Court of South Dakota.Opinion filed September 12, 1945. Rehearing Denied October 25, 1945. 1. Insurance. False answers by applicant for life insurance to questions in application concerning medical attendance and prior application for insurance, if falsity is unknown to agent […]
STATE OF CALIFORNIA v. STRUCK, 526 N.W.2d 500 (1995)
STATE OF CALIFORNIA, ex rel. Denise M. STRUCK, Plaintiff and Appellee, v. Robert G. STRUCK, Defendant and Appellant. No. 18668.Supreme Court of South Dakota.Considered on Briefs December 1, 1994. Decided January 25, 1995. Appeal from the Second Judicial Circuit Court, Minnehaha County, Glen A. Severson, J. Page 501 PER CURIAM. Robert G. Struck (father) appeals […]
JENNINGS v. HODGES, 80 S.D. 582 (1964)
129 N.W.2d 59 JENNINGS, Respondent v. HODGES, Appellant File No. 10065.Supreme Court of South Dakota. Opinion filed June 18, 1964 Rehearing denied July 22, 1964. 1. Automobiles. Person who by reason of friendship only or as social companion accompanies owner or operator of automobile may be guest within meaning of guest statute even though owner […]
N.W. NAT’L. BANK OF S.F. v. GILLIS, 82 S.D. 457 (1967)
148 N.W.2d 293 NORTHWESTERN NATIONAL BANK OF SIOUX FALLS, Appellant v. GILLIS, Respondent File No. 10362.Supreme Court of South Dakota. Opinion filed February 2, 1967 1. Taxation. A state may not tax national bank except as Congress consents, and then only in conformity with restrictions of that consent. 12 U.S.C.A. § 548. 2. Courts. Decisions […]
REINDL v. OPITZ, 88 S.D. 223 (1974)
217 N.W.2d 873 REINDL, Respondent v. OPITZ, Appellant File No. 11272.Supreme Court of South Dakota. Opinion filed May 15, 1974 Appeal from the Circuit Court of Pennington County; Hon. J.H. Bottum, Judge. Page 224 Ronald E. Clabaugh, of Bangs, McCullen, Butler, Foye Simmons, Rapid City, for plaintiff and respondent. Donald R. Shultz of Lynn, Jackson, […]
HAUGEN v. LARSON, 60 S.D. 438 (1932)
244 N.W. 654 HAUGEN, et al, Petitioners, v. LARSON, Judge, et al, Respondents. File No. 7412.Supreme Court of South Dakota. Opinion filed October 15, 1932. Prohibition. Prohibition held not proper remedy for sole beneficiaries of decedent’s estate, waiving decedent’s will, to prevent probate of will, since appeal afforded adequate remedy (Rev. Code 1919, §§ 3019, […]
LONG PRAIRIE PACKING CO. v. UNITED NAT. BANK, 338 N.W.2d 838 (1983)
LONG PRAIRIE PACKING COMPANY, Plaintiff and Respondent, v. UNITED NATIONAL BANK, SIOUX FALLS, South Dakota, Defendant and Respondent, and concerning Marshall Chernin, Ida Raye Chernin, a/k/a Ida Raye Rabhan, Adam Chernin, Alex Chernin, and Lisa Chernin, Applicants. No. 14164.Supreme Court of South Dakota.Original Proceeding. Argued May 26, 1983. Decided October 5, 1983. Richard L. Johnson, […]
ROBERTSON v. HENNRICH, 72 S.D. 37 (1947)
29 N.W.2d 329 ROBERTSON, Appellant, v. HENNRICH, Respondent File No. 8920.Supreme Court of South Dakota. Opinion filed October 13, 1947. 1. Appeal and Error. On appeal from judgment on a verdict directed for defendant Supreme Court must review evidence most favorably to plaintiff. 2. Automobiles. Users of public highways must observe other users and failure […]
STATE v. PFAFF, 456 N.W.2d 558 (1990)
STATE of South Dakota, Plaintiff and Appellant, v. Randy S. PFAFF, Defendant and Appellee. No. 16784.Supreme Court of South Dakota.Considered on Briefs March 20, 1990. Decided May 30, 1990. Appeal from the Circuit Court, Seventh Judicial Circuit, Pennington County, Jeff W. Davis, J. Jeffrey P. Hallem, Asst. Atty. Gen., Pierre (Roger A. Tellinghuisen, Atty. Gen., […]
STATE v. SUMMERS, 712 N.W.2d 32 (S.D. 2006)
STATE v. SUMMERS. No. 23671.Supreme Court of South Dakota. January 17, 2006. Affirmed (JWA).