110 N.W.2d 344 AMERICAN RELIABLE INSURANCE COMPANY, Respondent v. ST. PAUL FIRE MARINE INSURANCE COMPANY, Appellant File No. 9912.Supreme Court of South Dakota. Opinion filed September 1, 1961 Page 227 Appeal from Circuit Court, Minnehaha County; Hon. Francis G. Dunn, Judge. Reversed. Davenport, Evans, Hurwitz Smith, Sioux Falls, for Defendant and Appellant. Vail Swanson, Sioux […]
Category: South Dakota Supreme Court Opinions
HEALEY v. RANK, 82 S.D. 54 (1966)
140 N.W.2d 850 HEALEY, Respondent v. RANK et al., Appellants File No. 10229.Supreme Court of South Dakota. Opinion filed March 9, 1966 1. Elections. There are instances, in absence of statute, in which signers of petition may withdraw their names if they act in due time, even though withdrawals may render petition insufficient because of […]
STATE v. MOELLER, 511 N.W.2d 803 (1994)
STATE of South Dakota, Plaintiff and Appellee, v. Donald Eugene MOELLER, Defendant and Appellant. No. 17886.Supreme Court of South Dakota.Argued March 15, 1993. Decided January 26, 1994. Appeal from the Second Judicial Circuit Court, Minnehaha County, R.D. Hurd, J. Page 804 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE […]
HARDY v. WEST CENT. SCHOOL DIST. NO. 49-7, 478 N.W.2d 832 (1991)
Lavonne HARDY, Plaintiff and Appellee, v. WEST CENTRAL SCHOOL DISTRICT # 49-7, and its Board of Education, Defendant and Appellant. No. 17457.Supreme Court of South Dakota.Considered on Briefs October 24, 1991. Decided December 24, 1991. Appeal from the Circuit Court, Second Judicial Circuit, Minnehaha County, Gene Paul Kean, J. Page 833 Dennis C. Mc Farland […]
PRUCHNIAK v. ELK POINT-JEFFERSON SCHOOL, 2004 SD 133
691 N.W.2d 298 Wayne M. PRUCHNIAK, Beth M. Pruchniak, Terry Vaughan, Laura Vaughan, Nomi Grenko, Richard Grenko, Joseph D. Giesler, Mike Sexton, Rolli Sexton, Denise LeDuc, Wade LeDuc, Kelli Fernando, N. Emile Fernando, Miles McClung, and Mike Birkel, Appellants, v. The SCHOOL BOARD OF ELK POINT-JEFFERSON SCHOOL DISTRICT # 61-7, Appellee. No. 23150.Supreme Court of […]
TAYLOR PROPERTIES v. UNION COUNTY, 1998 SD 90
583 N.W.2d 638 TAYLOR PROPERTIES, INC., Plaintiff and Appellant, v. UNION COUNTY, South Dakota, Defendant and Appellee. No. 20157.Supreme Court of South Dakota.Argued January 15, 1998. Decided August 12, 1998. Appeal from the Circuit Court, First Judicial Circuit, Lincoln County, Richard Bogue, J. Mark V. Meierhenry and Robin Jacobson Houwman of Danforth, Meierhenry Meierhenry, Sioux […]
IN RE ESTATE OF MARTIN, 2001 SD 123
635 N.W.2d 473 ESTATE OF LESLIE MARY MARTIN, DECEASED No. 21760Supreme Court of South Dakota.Considered August 28, 2001. Opinion Filed October 10 2001. Appeal From The Circuit Court Of The Fifth Judicial Circuit Brown County, South Dakota. The Honorable Larry H. Lovrien Judge. Page 474 THOMAS P. TONNER of Tonner, Tobin and King Attorneys for […]
SHAMBURGER v. BEHRENS, 418 N.W.2d 299 (1988)
Elston SHAMBURGER and Signe Shamburger, Plaintiffs and Appellees, v. Clayton L. BEHRENS, Defendant and Appellant. No. 15505.Supreme Court of South Dakota.Argued May 19, 1987. Decided January 13, 1988. Appeal from the Circuit Court, Seventh Judicial Circuit, Pennington County, Merton B. Tice, Jr., J. Page 300 Donald R. Shultz, of Lynn, Jackson, Shultz Lebrun, P.C., Rapid […]
SCHUMMER v. SCHUMMER, 61 S.D. 305 (1933)
248 N.W. 492 SCHUMMER, Appellant, v. SCHUMMER, Respondent. File No. 7519.Supreme Court of South Dakota. Opinion filed May 15, 1933. 1. Divorce. Order allowing wife, defendant in divorce action, allowance to defend action, held appealable (Rev. Code 1919, § 166). 2. Divorce. Excessiveness of amount allowed defendant wife to defend divorce action because of other […]
WEEGAR v. BAKEBERG, 527 N.W.2d 676 (1995)
Kay Lynn WEEGAR, f/k/a Kay Lynn Oien, and Carol Auringer, Guardian Ad Litem for Casie Lane Kenyon, a/k/a Casie Lane Oien, Plaintiffs and Appellants, v. Michael Steven BAKEBERG, Defendant and Appellee. No. 18647.Supreme Court of South Dakota.Argued October 19, 1994. Decided February 8, 1995. Appeal from the Circuit Court, Second Judicial Circuit, Minnehaha County, Judith […]
BARON BROS. v. NAT’L. BANK OF S.D., S.F., 83 S.D. 93 (1968)
155 N.W.2d 300 BARON BROS., INC. v. NATIONAL BANK OF SOUTH DAKOTA, SIOUX FALLS File Nos. 10434, 10441.Supreme Court of South Dakota. Opinion filed January 4, 1968 Page 94 Appeal from Circuit Court, Minnehaha County; Hon. Roy D. Burns, Judge. Davenport, Evans, Hurwitz Smith, Sioux Falls, for plaintiff and appellant. Woods, Fuller, Shultz Smith, Sioux […]
IN RE R.L., 804 N.W.2d 78 (S.D. 2011)
In re R.L. No. 25886.Supreme Court of South Dakota. July 14, 2011. Abstracts of Summary Dispositions Affirmed (SMO).
STATE v. CURRIER, 774 N.W.2d 293 (S.D. 2009)
State v. Currier No. 25168.Supreme Court of South Dakota. August 31, 2009. ABSTRACTS OF SUMMARY DISPOSITIONS AEfirmed (KFT).
KOCH v. BLOCK, 759 N.W.2d 131 (S.D. 2008)
Koch v. Block. Nos. 24764, 24689.Supreme Court of South Dakota. November 10, 2008. Affirmed (BGZ).
STATE v. STAHL, 703 N.W.2d 172 (S.D. 2002)
STATE v. STAHL. No. 22120.Supreme Court of South Dakota. April 1, 2002. Affirmed (JMK). Page 173
NATIONAL SURETY CORP. v. SHOEMAKER, 86 S.D. 302 (1972)
195 N.W.2d 134 NATIONAL SURETY CORP., Respondent v. SHOEMAKER, Appellant File No. 10762.Supreme Court of South Dakota. Opinion filed February 25, 1972 Page 303 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 304 Appeal from the circuit court of Brown County; Hon. […]
PEARSON v. JOHNSON, 59 S.D. 163 (1931)
238 N.W. 644 PEARSON, et al, Respondents, v. JOHNSON, County Sheriff, et al, Appellants. File No. 7169.Supreme Court of South Dakota. Opinion filed October 26, 1931. 1. Counties. Boards of county commissioners are vested with powers expressly conferred and powers reasonably necessary to exercise thereof. 2. Taxation. Fees collected by sheriff for collecting delinquent taxes […]
ESTES v. ASHLEY HOSPITALITY, INC., 2004 SD 49
679 N.W.2d 469 BRET M. ESTES, Plaintiff and Appellee, v. ASHLEY HOSPITALITY, INC., A South Dakota corporation, and JOHN ASHLEY, individually, Defendants and Appellants. No. 22823.Supreme Court of South Dakota.Considered on Briefs on January 12, 2004. Opinion Filed April 14, 2004. Page 470 Appeal from the Circuit Court of the Seventh Judicial Circuit Pennington County, […]
MIGRATORY BIRD ASSOCIATION v. GAME, ETC., 312 N.W.2d 374 (1981)
The SOUTH DAKOTA MIGRATORY BIRD ASSOCIATION, By and Through O.R. BRANCEL and Francis Downes, members of the Board of Directors of Said Association and Gary Baumberger and William Zimmerman, Members of Said Association, Plaintiffs and Appellants, v. The SOUTH DAKOTA GAME, FISH AND PARKS COMMISSION, David Brost, Robert Reder, John Cimpl, Harvey Thayer, Walter Black, […]
RAVEN INDUSTRIES, INC. v. LEE, 2010 SD 49
783 N.W.2d 844 RAVEN INDUSTRIES, INC., Plaintiff and Appellee, v. Clark LEE and Integra Plastics, Inc., Defendants and Appellants. No. 25393.Supreme Court of South Dakota.Considered on Briefs May 24, 2010. Decided June 16, 2010. Appeal from the Circuit Court, Second Judicial Circuit, Page 845 Minnehaha County, Kathleen K. Caldwell, J. Page 846 Thomas J. Welk, […]
SUNPOWER, INC. v. HAWLEY, 296 N.W.2d 532 (1980)
SUNPOWER, INC., a/k/a American Solar King, Plaintiff and Appellee, v. Robert HAWLEY, Defendant and Appellant. No. 12674.Supreme Court of South Dakota.Considered on Briefs March 13, 1980. Decided September 10, 1980. Appeal from the Circuit Court, Fourth Judicial Circuit, Hanson County, Marshall Gerken, J. John F. Cogley of Morgan, Fuller, Theeler Cogley, Mitchell, for plaintiff and […]
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 […]
HINES v. BOSCHMA, 63 S.D. 591 (1935)
262 N.W. 173 In Re BOSCHMA. HINES, Administrator of Veterans’ Affairs, Appellants, v. BOSCHMA, Respondent. File No. 7805.Supreme Court of South Dakota. Opinion filed August 5, 1935. 1. New Trial. Notice of intention to move for new trial which was served prior to rendition of decision by trial court was premature and of no effect. […]
IN RE S.K., 1999 SD 7
587 N.W.2d 740 In the Interests of S.K., a Minor Child. No. 20379.Supreme Court of South Dakota.Argued September 16, 1998. Decided January 13, 1999. Reassigned November 3, 1998. Rehearing Denied February 19, 1999. Appeal from the Circuit Court, First Judicial Circuit, Yankton County, Lee A. Tappe, J. Page 741 Mark Barnett, Attorney General, Michele K. […]
DJBAS LIVING v. MEINHARDT, 2008 SD 84
755 N.W.2d 501 DJBAS LIVING TRUST, Appellant, South Dakota Housing Development Authority, Plaintiff and Appellee, v. Pamela MEINHARDT, Jeremy M. Meinhardt, and Minnehaha County, South Dakota, Defendants. No. 24685.Supreme Court of South Dakota.Considered on Briefs on May 19, 2008. Decided August 13, 2008. Appeal from the Circuit Court, Second Judicial Circuit, Minnehaha County, Stuart L. […]
SCHULDT v. STATE FARM MUT. AUTO INS. CO., 89 S.D. 687 (1975)
238 N.W.2d 270 SCHULDT, Appellant v. STATE FARM MUTUAL AUTOMOBILE INS. CO., Respondent File No. 11580.Supreme Court of South Dakota. Opinion filed December 31, 1975 Page 688 Appeal from the Circuit Court of Minnehaha County; Hon. Wayne W. Christensen, Judge. Gale E. Fisher, May, Johnson Burke, Sioux Falls, for plaintiff and appellant. Timothy J. Nimick […]
APPLICATION OF WRIGHT, 85 S.D. 669 (1971)
189 N.W.2d 447 APPLICATION OF WRIGHT File No. 10925.Supreme Court of South Dakota. Opinion filed September 3, 1971 1. Criminal Law. Proceedings concerning violation of city ordinance are not “criminal prosecutions” within meaning of provision of Federal and State Constitutions entitling an accused assistance of counsel for his defense in all criminal prosecutions. U.S.C.A.Const. Amend. […]
JOHNSON v. BATCHELDER, 2010 SD 23
779 N.W.2d 690 Susan and Ronald JOHNSON, Plaintiffs and Appellants, v. MATTHEW J. BATCHELDER CO., INC., Defendant and Appellee. No. 25303.Supreme Court of South Dakota.Considered on Briefs January 11, 2010. Decided March 3, 2010. Appeal from the Circuit Court, Seventh Judicial Circuit, Pennington County, Merton B. Tice, Jr., J. Page 691 Michael A. Wilson of […]
CROUGHAN v. GERLACH, 68 S.D. 93 (1941)
298 N.W. 730 CROUGHAN, Respondent, v. GERLACH, Appellant File No. 8427.Supreme Court of South Dakota. Opinion filed June 20, 1941. 1. Brokers. One employed to find a purchaser for real estate was not authorized to employ a subagent at the expense of owner. 2. Appeal and Error. Where evidence was conflicting whether agent employed to […]
STATE v. CARLSON ET AL., 79 S.D. 411 (1962)
112 N.W.2d 891 STATE, Respondent v. CARLSON et al., Appellants File No. 9916.Supreme Court of South Dakota. Opinion filed January 9, 1962 Appeal from Circuit Court, Davison County; Hon. Fred J. Nichol, Judge. Judgment reversed. J.W. Kaye, Miller, Kaye Hanson, Mitchell, for Defendants and Appellants. A.C. Miller, Atty. Gen., Robert D. Hofer, Asst. Atty. Gen., […]
JACOBSON v. COADY, 77 S.D. 1 (1957)
84 N.W.2d 1 JACOBSON, Respondent v. COADY, Appellant File No. 9649.Supreme Court of South Dakota. Opinion filed July 11, 1957 Rehearing denied August 5, 1957 Appeal from Circuit Court, Pennington County; Hon. George D. Lampert, Judge. Reversed. Gunderson, Farrar Carrell, Rapid City, for Defendant and Appellant. Whiting, Lynn Freiberg, Rapid City, for Plaintiff and Respondent. […]
STACEY v. PATZLOFF, 67 S.D. 503 (1941)
295 N.W. 287 STACEY, Appellant, v. PATZLOFF, Respondent File No. 8325.Supreme Court of South Dakota.Opinion filed December 6, 1940. Rehearing Denied January 9, 1941. 1. Automobiles. An automobile driver, failing to see another automobile approaching highway intersection from his right when at point, from which his view was unobstructed, fifty feet from intersection, was contributorily […]
MATTER OF S.M., 384 N.W.2d 670 (1986)
In the Matter of S.M., Alleged Dependent Child. No. 15093.Supreme Court of South Dakota.Submitted on Briefs February 11, 1986. Decided March 26, 1986. Page 671 John E. Burke, Sioux Falls, for appellants parents. Janice Godtland, Asst. Atty. Gen., Pierre, for appellee State; Mark V. Meierhenry, Atty. Gen., Pierre, on brief. Lee R. Burd, Sioux Falls, […]
STATE v. BREWER, 795 N.W.2d 411 (S.D. 2011)
State v. Brewer. No. 25644.Supreme Court of South Dakota. January 18, 2011. Abstracts of Summary Dispositions Affirmed (TWB).
CREAGER v. AL’S CONSTRUCTION, 75 S.D. 482 (1955)
68 N.W.2d 484 CREAGER, Respondent v. AL’S CONSTRUCTION COMPANY et al., Appellants File No. 9432.Supreme Court of South Dakota. Opinion filed February 2, 1955. Rehearing denied March 8, 1955. 1. Automobiles. Permitting tractor-lowboy to stand on highway without rear lights or reflectors and without placing flares constituted negligence. SDC 44.0352, 44.0354. 2. Negligence. Under comparative […]
ALBERS v. OTTENBACHER, 79 S.D. 637 (1962)
116 N.W.2d 529 ALBERS, Appellant v. OTTENBACHER, Respondent File No. 9939.Supreme Court of South Dakota. Opinion filed August 13, 1962 Page 638 Appeal from Circuit Court, Pennington County; Hon. Thomas Parker, Judge. Judgment reversed. Roswell Bottum and Burnell H. Hendricksen, Rapid City, for Plaintiff and Appellant. Hanley, Costello Porter, Rapid City, for Defendant and Respondent. […]
DAVIDSON v. HORTON INDUSTRIES, 2002 SD 27
641 N.W.2d 138 MARIE DAVIDSON, n/k/a MARIE MYKLEGARD, Claimant and Appellant, v. HORTON INDUSTRIES, INC., Employer and Appellee, and SENTRY INSURANCE, Insurer and Appellee. No. 21970Supreme Court of South Dakota.Considered On Briefs On November 13, 2001. Opinion Filed February 27, 2002. Appeal From The Circuit Court Of The Fifth Judicial Circuit Marshall County, South Dakota. […]
STATE v. PONCELET, 463 N.W.2d 673 (1990)
STATE of South Dakota, Appellee, v. Thomas L. PONCELET, Appellant. No. 16877.Supreme Court of South Dakota.Considered on Briefs May 25, 1990. Decided November 28, 1990. Appeal from the Circuit Court, Third Judicial Circuit, Beadle County, Eugene L. Martin, J. David D. Wiest, Asst. Atty. Gen., Pierre, for appellee. Paul J. Dold, Howard, for appellant. PER […]
WHITEHORN v. NASH-FINCH CO., 67 S.D. 465 (1940)
293 N.W. 859 WHITETHORN, Respondent, v. NASH-FINCH COMPANY, Appellant File No. 8310.Supreme Court of South Dakota. Opinion filed September 24, 1940. 1. Food. Generally, a manufacturer, packer or bottler of foods or beverages is directly liable to consumer for injury caused by unwholesomeness or unfitness thereof, though purchased from dealer or middleman. 2. Food — […]
RAUSCHER v. STATE, 292 N.W.2d 106 (1980)
Thomas L. RAUSCHER, Petitioner and Appellant, v. STATE of South Dakota, Respondent. No. 12704.Supreme Court of South Dakota.Considered on Briefs November 16, 1979. Decided May 7, 1980. Page 107 Appeal from the Circuit Court, First Judicial Circuit, Yankton County, E.W. Hertz, J. John P. Abbott, Brandon, for petitioner and appellant. Lori Wilbur, Asst. Atty. Gen., […]
NIELSON v. AT T CORP., 1999 SD 99
597 N.W.2d 434 GREGG R. NIELSON, personal representative of the estate of Karyn L. Nielson; and Judith L. Nielson, Plaintiffs and Appellants, v. AT T CORP.; AT T Corp, d/b/a AT T Federal Systems; Lucent Technologies, Inc.; and Charles E. Davis, individually and d/b/a Midwestern Ditching, Defendants and Appellees. Supreme Court of South Dakota.Argued March […]
NORD v. LIFE INS. CO., 71 S.D. 1 (1945)
20 N.W.2d 403 NORD, Director of Taxation, Respondent, v. CONNECTICUT GENERAL LIFE INSURANCE COMPANY, Appellant File No. 8742.Supreme Court of South Dakota. Opinion filed November 1, 1945. 1. Taxation. The Legislature, by striking word “mutual” from provision exempting from income taxation mutual insurance companies, other than life, paying gross premium tax, evinced legislative intent to […]
IN RE ESTATE OF SERBOUSEK, 2008 SD 46
751 N.W.2d 718 In the Matter of the ESTATE of M. Ardeth SERBOUSEK, Deceased. No. 24610.Supreme Court of South Dakota.Considered on briefs on February 11, 2008. Decided June 11, 2008. Appeal from the Sixth Judicial Circuit, Hughes County, Lori S. Wilbur, J. Page 719 Al Arendt of Arendt Law Office, Pierre, South Dakota, Attorney for […]
STATE v. MOTZKO, 2006 SD 13
710 N.W.2d 433 STATE of South Dakota, Plaintiff and Appellee, v. Deborah J. MOTZKO, Defendant and Appellant. No. 23565.Supreme Court of South Dakota.Considered on Briefs October 3, 2005. Decided February 8, 2006. Appeal from the Fourth Judicial Circuit Court, Lawrence County, Timothy R. Johns, J. Page 434 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE […]
OLDHAM-RAMONA SCHOOL D. 39-5 v. JENSEN, 503 N.W.2d 260 (1993)
OLDHAM-RAMONA SCHOOL DISTRICT NO. 39-5, Appellee, v. James L. JENSEN and Joanne J. Jensen, Appellants. Nos. 18005, 18014.Supreme Court of South Dakota.Considered on Briefs March 17, 1993. Decided July 14, 1993. Page 261 Appeal from the Fourth Judicial Circuit Court, Lake County, Tim D. Tucker, J. Jerome Lammers of Lammers, Lammers, Kleinbacker Parent, Madison, for […]
APPLICATION OF MACH, 71 S.D. 460 (1947)
25 N.W.2d 881 APPLICATION OF MACH MACH, Appellant, v. MACH, Respondent File No. 8564.Supreme Court of South Dakota. Opinion filed January 31, 1947. 1. Liens. Under deed conveying realty to grantor’s wife upon condition that contract providing that grantee should receive his support therefrom should be fully performed, grantor had an equitable lien against the […]
JENSEN v. JENSEN’S ESTATE, 62 S.D. 496 (1934)
253 N.W. 619 JENSEN, Appellant, v. JENSEN’S ESTATE, Respondent. File No. 7584.Supreme Court of South Dakota. Opinion filed March 19, 1934. 1. Executors and Administrators — Wills. Instrument providing that after maker’s death for value received his estate must pay to order of payee named certain sum with interest, having been founded upon consideration, was […]
C. N.W. RAILWAY CO. v. GILLIS, 82 S.D. 470 (1967)
148 N.W.2d 581 CHICAGO AND NORTH WESTERN RAILWAY COMPANY, Appellant v. GILLIS et al., Respondents File No. 10313.Supreme Court of South Dakota. Opinion filed February 14, 1967 1. Taxation. Assessment value and sale prices of property sold by railroad as nonoperating property were not relevant in assessing operating property of railroad. SDC 57.1301, 57.1305. 2. […]
WINTER BROTHERS UNDERGROUND v. CITY OF BERESFORD, 2002 SD 117
652 N.W.2d 99 WINTER BROTHERS UNDERGROUND INC., AND CARLEEN WEATHERTON, A TAXPAYER AND RESIDENT OF THE CITY OF BERESFORD, PLAINTIFFS AND APPELLANTS, v. CITY OF BERESFORD, SOUTH DAKOTA, A MUNICIPAL CORPORATION AND RAMSTAD CONSTRUCTION, INC., A SOUTH DAKOTA CORPORATION, DEFENDANTS AND APPELLEES. Nos. 21969, 21991Supreme Court of South Dakota.Argued On February 13, 2002. Opinion Filed […]
ACCOUNTS MANAGEMENT, INC. v. NELSON, 2003 SD 61
663 N.W.2d 237 ACCOUNTS MANAGEMENT, INC., Plaintiff and Appellant, v. JON NELSON, BARB NELSON, ROBERT NELSON, and JANE/JOHN DOES 1-5, Defendants and Appellees. No. 22578Supreme Court of South Dakota.Considered On Briefs On March 24, 2003. Opinion Filed May 21, 2003. Appeal From The Circuit Court Of The Second Judicial Circuit Minnehaha County, South Dakota. The […]
EWALT v. MEREEN-JOHNSON MACH. CO., 414 N.W.2d 28 (1987)
Pat and Yvonne EWALT, Plaintiffs and Appellees, v. MEREEN-JOHNSON MACHINE COMPANY, a corporation, Defendant and Appellant. Nos. 15497, 15567.Supreme Court of South Dakota.Considered on Briefs April 24, 1987. Decided October 14, 1987. Appeal from the Circuit Court, Fifth Judicial Circuit, Day County, Eugene E. Dobberpuhl, P.J. Page 29 Lee Schoenbeck, Webster, for plaintiffs and appellees. […]
ESTATE OF ASSMUS, 254 N.W.2d 159 (1977)
In the Matter of the ESTATE of Karl J. ASSMUS, Deceased. Laverne M. SCHULDT, William D. Beckman, Robert B. Beckman, and Harold Ray De Boer, Appellants, v. Larry NESS and Ivan Schuldt, Margaret Schuldt, Executrix, Julia Neimeyer and the four children of Ruth Siebenbrunner, Respondents. Nos. 11812-11814.Supreme Court of South Dakota.Argued November 17, 1976. Reassigned […]
CONNOLLY v. CONNOLLY, 270 N.W.2d 44 (1978)
Thelma E. CONNOLLY, Plaintiff and Appellant, v. William T. CONNOLLY, Defendant and Respondent. No. 12137.Supreme Court of South Dakota. September 21, 1978. Rehearing Denied October 13, 1978. Appeal from the Circuit Court, First Judicial Circuit, Union County, Donald E. Erickson, J. Page 45 Thomas W. Parliman of Parliman Parliman, Sioux Falls, for plaintiff and appellant. […]
ENGBERG v. FORD MOTOR CO., 87 S.D. 196 (1973)
205 N.W.2d 104 ENGBERG, Respondent v. FORD MOTOR CO., Appellant File No. 11012.Supreme Court of South Dakota. Opinion filed March 8, 1973 Page 197 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 198 Appeal from Circuit Court of Pennington County; Hon. J. […]
IN RE ESTATE OF CATRON, 2001 SD 57
627 N.W.2d 175 IN THE MATTER OF THE ESTATE OF JOHN B. CATRON Supreme Court of South Dakota.Considered on Briefs November 29, 2000. Opinion Filed May 9, 2001. Appeal from the Circuit Court of The Seventh Judicial Circuit Pennington County, South Dakota Hon. Janine M. Kern, Judge Page 176 Thomas W. Stanton and Michael V. […]
STATE v. JACOBSON, 491 N.W.2d 455 (1992)
STATE of South Dakota, Plaintiff and Appellee, v. William J. JACOBSON, Defendant and Appellant. No. 17618.Supreme Court of South Dakota.Considered on Briefs March 18, 1992. Decided October 14, 1992. Appeal from the First Judicial Circuit Court, Lincoln County, Richard Bogue, J. Page 456 Mark Barnett, Atty. Gen., Jeffrey P. Hallem, Asst. Atty. Gen., Pierre, for […]
CARSTEN v. AETNA LIFE INS. CO., 247 N.W.2d 679 (1976)
Guy L. CARSTEN, an Individual, Plaintiff and Appellant, v. AETNA LIFE INSURANCE COMPANY, a corporation, Defendant and Respondent. No. 11702.Supreme Court of South Dakota. December 16, 1976. Appeal from the Circuit Court, Seventh Judicial Circuit, Pennington County, Thomas Parker, J. Page 680 John D. Wagner, of Kandaras Wagner, Rapid City, for plaintiff and appellant. Donald […]
STATE v. TUTTLE, 460 N.W.2d 157 (1990)
STATE of South Dakota, Plaintiff and Appellee, v. Warren A. TUTTLE, Defendant and Appellant. No. 16642.Supreme Court of South Dakota.Considered on Briefs January 11, 1990. Decided August 22, 1990. Appeal from the Circuit Court, Seventh Judicial Circuit, Pennington County, John K. Konenkamp, J. Page 158 Ann C. Meyer, Asst. Atty. Gen., Pierre, for plaintiff and […]
JORDAN v. O’BRIEN, 70 S.D. 393 (1945)
18 N.W.2d 30 JORDAN, et al., Appellants v. O’Brien, et al., Respondents. File No. 8751.Supreme Court of South Dakota.Opinion filed March 14, 1945. Rehearing Denied April 9, 1945. 1. Appeal and Error. Generally, a question of law decided by the Supreme Court on a former appeal becomes the law of the case, in all its […]
SOCIAL SERVICES EX REL. WRIGHT v. BYER, 2005 SD 37
694 N.W.2d 705 The DEPARTMENT OF SOCIAL SERVICES OF THE STATE of South Dakota, ex rel Julienne C. WRIGHT, Plaintiff and Appellant, v. Bret J. BYER, Defendant and Appellee. No. 22609.Supreme Court of South Dakota.Order Granting Rehearing on May 7, 2004. Argued on Rehearing on January 12, 2005. Decided March 16, 2005. Appeal from the […]
STATE v. MYERS, 411 N.W.2d 402 (1987)
STATE of South Dakota, Plaintiff and Appellee, v. Thomas MYERS, Defendant and Appellant. No. 15601.Supreme Court of South Dakota.Considered on Briefs May 22, 1987. Decided August 19, 1987. Appeal from the Circuit Court, Seventh Judicial Circuit, Pennington County, John Konenkamp, J. Robert Mayer, Asst. Atty. Gen., Pierre, for plaintiff and appellee; Roger A. Tellinghuisen, Atty. […]
STATE v. ROBINSON, 399 N.W.2d 324 (1987)
STATE of South Dakota, Plaintiff and Appellee, v. Kendall ROBINSON, Defendant and Appellant. No. 15202.Supreme Court of South Dakota.Argued September 17, 1986. Decided January 7, 1987. Appeal from the Circuit Court, Sixth Judicial Circuit, Hughes County, James W. Anderson, J. Page 325 Thomas Harmon, Asst. Atty. Gen., Pierre, for plaintiff and appellee; Mark V. Meierhenry, […]
STANTON v. UNITED PARCEL SERVS., 764 N.W.2d 507 (S.D. 2009)
Stanton v. United Parcel Service. Nos. 24891, 24941.Supreme Court of South Dakota. February 23, 2009. Abstracts of Summary Dispositions Affirmed (TLT).
GIRARD v. PARDUN, 318 N.W.2d 137 (1982)
Marjorie E. GIRARD, individually and as special administrator of the Estate of Paul R. Girard, Plaintiff and Appellant, v. Verna M. PARDUN, f/k/a Verna M. Girard, Defendant and Appellee. No. 13433.Supreme Court of South Dakota.Considered On Briefs February 23, 1982. Decided April 14, 1982. Appeal from the Circuit Court, First Judicial Circuit, Union County, Robert […]
SMITH v. COMMUNITY CO-OPERATIVE ASSOCIATION OF MURDO, 87 S.D. 440 (1973)
209 N.W.2d 891 SMITH, Respondent v. COMMUNITY CO-OPERATIVE ASSOCIATION OF MURDO, et al., Appellants File No. 11107.Supreme Court of South Dakota. Opinion filed August 14, 1973 Page 441 Appeal from the Circuit Court of Jones County; Hon. Don G. Grieves, Judge. Costello, Porter, Hill, Banks Nelson, Ronald W. Banks, Rapid City, for defendants and appellants. […]
NILSSON v. KRUEGER, 69 S.D. 312 (1943)
9 N.W.2d 783 NILSSON, Respondent, v. KRUEGER, et al, Appellants Files Nos. 8577, 8573.Supreme Court of South Dakota. Opinion filed May 27, 1943. 1. Appeal and Error. A party may not appeal from a judgment in his favor, since party is not “aggrieved” by such judgment. 2. Appeal and Error. Defendants in whose favor judgment […]
MILLER v. THODE, 372 N.W.2d 459 (1985)
Mabel L. MILLER, Plaintiff, and Betty Miller, Plaintiff and Appellant, v. Vernon A. THODE and the Heirs, Devisees, Legatees, Executors, Administrators and Assigns of June I. Thode, a/k/a June Thode, deceased; United States of America, acting through the Farmers Home Administration, United States Department of Agriculture; County of Lake, a political subdivision of the State […]
PETERSON v. GREAT AMERICAN INSURANCE CO., 74 S.D. 334 (1952)
52 N.W.2d 479 PETERSON, Appellant, v. GREAT AMERICAN INSURANCE CO., Respondent File No. 9218.Supreme Court of South Dakota. Opinion filed March 17, 1952. Page 335 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 336 Appeal from Circuit Court of Brule County; Hon. […]
FORSTING v. HOILIEN, 65 S.D. 406 (1937)
274 N.W. 654 FORSTING, et al, Respondents, v. HOILIEN (FLETCHER Intervener), Appellant. File No. 8101.Supreme Court of South Dakota. Opinion filed July 29, 1937. 1. Counties. Supplemental budget adopted by county commissioners after money obtained pursuant to annual budget was exhausted and providing funds for county commissioners, auditor, treasurer, clerk of courts, register of deeds, […]
AMERICAN TOTALISATOR v. RACING CLUB, 501 N.W.2d 374 (1993)
AMERICAN TOTALISATOR COMPANY, INC. and General Instrument Corporation, Plaintiffs and Appellees, v. SOUTHERN DAKOTA RACING CLUB, INC., Defendant and Appellant. No. 17913.Supreme Court of South Dakota.Considered on Briefs November 16, 1992. Decided June 9, 1993. Rehearing Denied July 15, 1993. Appeal from the Circuit Court, Union County, Jay H. Tapken, J. Page 375 Rick W. […]
HINES v. BOARD OF ADJUSTMENT OF CITY OF MILLER, 2004 SD 13
675 N.W.2d 231 REX HINES, Petitioner and Appellant, v. BOARD OF ADJUSTMENT OF THE CITY OF MILLER, (the Common Council acting thereas), Respondent and Appellee. No. 22730Supreme Court of South Dakota.Considered On Briefs On November 17, 2003 Opinion Filed January 28, 2004 Appeal From The Circuit Court Of The Third Judicial Circuit Hand County, South […]
STATE v. SAIZ, 427 N.W.2d 825 (1988)
STATE of South Dakota, Plaintiff and Appellee, v. Rosendo Deleon SAIZ, Defendant and Appellant. No. 15928.Supreme Court of South Dakota.Considered on Briefs March 21, 1988. Decided August 3, 1988. Rehearing Denied September 8, 1988. Appeal from the Eighth Judicial Circuit Court, Butte County, Warren G. Johnson, J. Richard D. Coit, Asst. Atty. Gen., Pierre, for […]