Category: South Dakota Supreme Court Opinions

Kenneth L. PALMER, Plaintiff and Respondent, v. Doris M. PALMER, Defendant and Appellant. No. 12215.Supreme Court of South Dakota. July 5, 1979. Rehearing Denied August 17, 1979. Appeal from the Second Judicial Circuit Court, Minnehaha County, William H. Heuermann, J. Merle Johnson and Stuart L. Tiede of Woods, Fuller, Shultz Smith, Sioux Falls, for plaintiff […]

598 N.W.2d 208 THE UNITED STATES OF AMERICA, Plaintiff, and HARTZELL PROPELLER, INC., an Ohio Corporation, Plaintiff and Appellant v. THE STATE OF SOUTH DAKOTA, Defendant and Appellee. Supreme Court of South Dakota.Argued April 27, 1999. Opinion Filed July 21, 1999. Appeal from the Sixth Judicial Circuit, Hughes County, S.D., Hon. Steven L. Zinter, Judge, […]

189 N.W.2d 515 UNION BANK TRUST et al., Appellants, v. CADWELL et al., Respondents File No. 10923.Supreme Court of South Dakota. Opinion filed September 2, 1971 1. Wills. Evidence in will contest sustained findings that there was opportunity to exert undue influence and effect wrongful purpose because of confidential legal and social relationship between attorney […]

In the Matter of J.A.H., Alleged Dependent or Neglected Child. Nos. 17901, 17915.Supreme Court of South Dakota.Argued February 9, 1993. Decided June 23, 1993. Appeal from the Sixth Judicial Circuit Court, Hughes County, Steven L. Zinter, J. Page 121 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE […]

In the Matter of the Unemployment Compensation Claim of Joseph KOTRBA. No. 15624.Supreme Court of South Dakota.Considered on Briefs September 4, 1987. Decided January 20, 1988. Appeal from the Fourth Judicial Circuit Court, Davison County, Ronald K. Miller, J. John R. Steele of Steele Law Office, P.C., Plankinton, for appellant Kotrba. Drew C. Johnson, Dept. […]

David Corwin MULLINS, Petitioner and Appellant, v. STATE of South Dakota, Respondent. No. 12750.Supreme Court of South Dakota.Argued October 15, 1979. Decided January 16, 1980. Appeal from the Circuit Court, Second Judicial Circuit, Minnehaha County, John L. Wilds, J. Robert E. Hayes, of Davenport, Evans, Hurwitz Smith, Sioux Falls, for petitioner and appellant. Gene Paul […]

McCALL v. BOARD OF PARDONS AND PAROLES. No. 21809.Supreme Court of South Dakota. September 4, 2001. Affirmed (GPK).

708 N.W.2d 673 In the Matter of S.A., A.A., E.A., and A.A., Alleged Abused/Neglected Children. Nos. 23473, 23488.Supreme Court of South Dakota.Argued October 3, 2005. Decided December 7, 2005. Appeal from the Circuit Court, Second Judicial Circuit, Minnehaha County, Joseph Neiles, J. Page 674 Amanda M. Wilcoxon, Minnehaha County Public Defender’s Office, Sioux Falls, for […]

Jack L. WALKER, Defendant and Appellant, v. BOARD OF COUNTY COMMISSIONERS FOR BRULE COUNTY, Plaintiff and Appellee. No. 13991.Supreme Court of South Dakota.Considered on Briefs May 23, 1983. Decided August 24, 1983. Appeal from the Circuit Court, Fourth Judicial Circuit, Brule County, George W. Wuest, J. Steven A. Wise, Dakota Plains Legal Services, Fort Thompson, […]

562 N.W.2d 395 Floyd GRAHAM, Plaintiff and Appellee, v. BABINSKI PROPERTIES, Defendant and Appellant. No. 19680.Supreme Court of South Dakota.Considered on Briefs February 18, 1997. Decided April 9, 1997. Appeal from the Circuit Court, Second Judicial Circuit, Minnehaha County, William J. Srstka, Jr., J. Jay Kolb, Sioux Falls, for plaintiff and appellee. Mark V. Meierhenry […]

Marvis HOGEN et al., Plaintiffs-Appellants, v. SOUTH DAKOTA STATE BOARD OF TRANSPORTATION et al., Defendants-Respondents. No. 11877.Supreme Court of South Dakota. September 15, 1976. Rehearing Denied October 21, 1976. Appeal from the Circuit Court, Sixth Judicial Circuit, Hughes County, Robert A. Miller, J. Page 494 Ronald G. Schmidt, Schmidt Schroyer, P.C., Pierre, for plaintiffs-appellants. William […]

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 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 […]

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 […]

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 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 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, […]

STATE of South Dakota, Plaintiff and Respondent, v. Reid GERDES, Defendant and Appellant. No. 11963.Supreme Court of South Dakota.Argued April 26, 1977. Decided October 31, 1977. Rehearing Denied December 7, 1977. Appeal from the Circuit Court, Second Judicial Circuit, Minnehaha County, Richard Braithwaite, J. Page 840 John P. Guhin, Asst. Atty. Gen., Pierre, for plaintiff […]

STATE v. GOINGS. No. 22217.Supreme Court of South Dakota. September 3, 2002. Affirmed (JWD).

STATE of South Dakota, Plaintiff and Appellee, v. Bob Henry HOLTER, Defendant and Appellant. No. 14068.Supreme Court of South Dakota.Considered on Briefs September 13, 1983. Decided November 30, 1983. Appeal from the Circuit Court, Eighth Judicial Circuit, Butte County, Scott C. Moses, J. Page 692 Mark Smith, Asst. Atty. Gen., Pierre, for plaintiff and appellee; […]

Richard STROUSE, Petitioner and Appellee, v. Sue OLSON, Appellant. No. 15070.Supreme Court of South Dakota.Considered on Briefs September 16, 1986. Decided December 17, 1986. Appeal from the Circuit Court, First Judicial Circuit, Charles Mix County, Paul J. Kern, J. Page 652 Albert C. Jones and B.J. Jones of Dakota Plains Legal Services, Mission, for petitioner […]

77 N.W.2d 1 BOE, Plaintiff v. FOSS et al., Defendants File No. 9577.Supreme Court of South Dakota. Opinion filed May 4, 1956. Page 296 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 297 Original proceeding for writ of prohibition to arrest proceedings […]

STATE of South Dakota, Appellee, v. Laurie SHILVOCK-HAVIRD, Appellant. No. 17220.Supreme Court of South Dakota.Argued March 18, 1991. Decided June 26, 1991. Rehearing Denied July 29, 1991. Appeal from the Seventh Judicial Circuit Court, Pennington County, Warren G. Johnson, J. Page 774 Roger A. Tellinghuisen, Atty. Gen., Scott Bogue, Asst. Atty. Gen., Pierre, for appellee; […]

In the Matter of the Revocation of the Driver’s License of Arthur L. HANSEN. No. 12587.Supreme Court of South Dakota.Submitted on Brief April 24, 1979. Decided June 21, 1979. Appeal from the Circuit Court, Second Judicial Circuit, Minnehaha County, Robert J. Patterson, J. Page 111 Judith A. Atkinson, Asst. Atty. Gen., Pierre, for appellant State […]

95 N.W.2d 36 STATE, Respondent v. HOWELL, Appellant File No. 9678.Supreme Court of South Dakota. Opinion filed February 10, 1959 Page 519 Appeal from Circuit Court, Brown County; Hon. Mose S. Lindau, Judge. Reversed. Elmer Thurow, Aberdeen, for Defendant-Appellant. Phil Saunders, Atty. Gen., George W. Wuest, Asst. Atty. Gen.,Michael O. Ronayne, State’s Atty., C.W. Hyde, […]

99 N.W.2d 794 APPLICATION OF HEINTZ ON BEHALF OF TREMBLY File No. 9788.Supreme Court of South Dakota. Opinion filed December 9, 1959 Page 189 Appeal from Circuit Court, Potter County; Hon. H.E. Mundt, Judge. Proceeding in the matter of the application of a mother on behalf of her minor daughter for a writ of habeas […]

579 N.W.2d 24 In the Matter of the GUARDIANSHIP OF Harold L. LARSON. No. 20044.Supreme Court of South Dakota.Argued December 3, 1997. On Reassignment April 1, 1998. Decided May 20, 1998. Appeal from the Circuit Court, Second Judicial Circuit, Minnehaha County, William J. Srstka, Jr., J. Page 25 Michael M. Hickey of Bangs, McCullen, Butler, […]

30 N.W.2d 9 AMERICAN LEGION HOLDING CORPORATION, Appellant, v. HUROWITZ, et al, Respondents File No. 8945.Supreme Court of South Dakota.Opinion filed December 17, 1947. Rehearing Denied January 22, 1948. 1. Landlord and Tenant. Lessees who conducted grocery business in leased premises under fictitious name without filing statement required by statute violated covenant that they would […]

602 N.W.2d 58 JENNIFER HARMS, Plaintiff and Appellee, v. NORTHLAND FORD DEALERS, Defendant and Appellant, and Moccasin Creek Country Club, Defendant and Appellee. 20540Supreme Court of South Dakota.Argued March 23, 1999. Filed November 10, 1999. Appeal from the Fifth Judicial Circuit, Brown County, SD, Hon. Eugene E. Dobberpuhl, Judge, #20540 — Affirmed in part; Reversed […]

Darrell K. WANGEN, Plaintiff and Appellant, v. David R. KNUDSON, Northwestern Bell Telephone Company, Joe Elmore and U.S. West Direct, Defendants and Appellees. Nos. 15723, 15740 and 15743.Supreme Court of South Dakota.Argued November 16, 1987. Decided July 27, 1988. Appeal from the Circuit Court of the Second Judicial Circuit, Minnehaha County, Robert C. Heege, J. […]

STATE of South Dakota, Plaintiff and Appellee, v. Daryl BELL, Defendant and Appellant. No. 13690.Supreme Court of South Dakota.Considered on Briefs September 8, 1982. Decided August 10, 1983. Appeal from the Circuit Court of the Eighth Judicial Circuit, Lawrence County, Robert L. Tschetter, J. Ralph C. Hoggatt, Deadwood, for defendant and appellant. Mikal Hanson, Asst. […]

134 N.W.2d 294 RASCHKE, Appellant, v. DeGRAFF et al., Respondents File No. 10146.Supreme Court of South Dakota. Opinion filed April 9, 1965 1. Judgment. Final judgment or decree of court of competent jurisdiction upon the merits is a bar to any future action between same Page 292 parties or their privies upon same cause of […]

BIG SIOUX TOWNSHIP, A Civil Township, Sylvia Oothoudt and Robert F. Lawrence, Plaintiffs and Appellants, v. Albert STREETER, in his capacity as mayor of North Sioux City, South Dakota, and the City of North Sioux City, South Dakota, an Incorporated City in the State of South Dakota, Defendants and Respondents. Nos. 12398, 12401.Supreme Court of […]

739 N.W.2d 815 GLIMCHER SUPERMALL VENTURE, LLC, a Delaware corporation, Plaintiff and Appellant, v. COLEMAN COMPANY and Dwight Sobczak, Sr., Defendants and Appellees, Dwight Sobczak, Jr., Dan Sobczak, and Duane Sobczak, Defendants. No. 24163.Supreme Court of South Dakota.Argued January 9, 2007. Decided September 19, 2007. Rehearing Denied November 2, 2007. Appeal from the Circuit Court, […]

STATE of South Dakota, Plaintiff and Respondent, v. Kenneth R. DOHERTY, Defendant and Appellant. No. 12508.Supreme Court of South Dakota. July 11, 1979. William J. Janklow, Atty. Gen., Pierre, Gene Paul Kean, State’s Atty., Minnehaha County, Sioux Falls, for plaintiff and respondent. John P. Abbott, Brandon, for defendant and appellant. HENDERSON, Justice. ACTION On April […]

Curtis W. HANKS, Plaintiff, Appellant and Appellee on Cross-Appeal, v. Margaret HANKS, Defendant, Appellee and Appellant on Cross-Appeal. Nos. 12744, 12745.Supreme Court of South Dakota.Argued February 27, 1980. Decided September 3, 1980. Rehearing Denied October 10, 1980. Appeal from the Circuit Court of the First Judicial Circuit, Clay County, Robert C. Ulrich, J. Page 524 […]

690 N.W.2d 657 Noelle DUBRAY, Appellee, v. SOUTH DAKOTA DEPARTMENT OF SOCIAL SERVICES, Appellant. No. 23241.Supreme Court of South Dakota. Considered on Briefs November 15, 2004. Decided December 15, 2004. Page 658 Appeal from the Circuit Court, Sixth Judicial Circuit, Todd County, Kathleen F. Trandahl, J. Page 659 Neil Carsrud, Dakota Plains Legal Services, Mission, […]

Sheryl Randall STROH, Plaintiff and Appellee, v. TOWN OF JAVA, South Dakota, a Municipal Corporation, Defendant and Appellant. No. 17051.Supreme Court of South Dakota.Considered on Briefs September 21, 1990. Decided December 12, 1990. Appeal from the Circuit Court, Fifth Judicial Circuit, Walworth County, Eugene E. Dobberpuhl, J. Mark K. Kroontje of Seiler Cain, Herreid, for […]

30 N.W.2d 8 THE FEDERAL LAND BANK OF OMAHA, Respondent, v. KINSMAN, et al., Appellants File No. 8880.Supreme Court of South Dakota. Opinion filed December 17, 1947. 1. Automobiles. Every motorist has right to assume that others will observe traffic rules and will exercise reasonable care. 2. Automobiles. Evidence warranted finding that motorist making short-cut […]

L.T. DUNHAM, Plaintiff and Appellant, v. THE FIRST NATIONAL BANK IN SIOUX FALLS, a National Banking Association, Defendant and Respondent. No. 11852-a.Supreme Court of South Dakota. December 14, 1977. Appeal from the Circuit Court of the Second Judicial Circuit, Minnehaha County, John L. Wilds, J. Page 376 Horace R. Jackson of Lynn, Jackson, Shultz, Ireland […]

In the Matter of the DISCIPLINE of John B. Wehde, As An Attorney at Law. No. 18076.Supreme Court of South Dakota.Argued March 24, 1994. Decided June 1, 1994. R. James Zieser, Tyndall, for Disciplinary Bd. John B. Wehde, pro se. FITZGERALD, Circuit Judge. In this original proceeding, a disciplinary action against attorney John B. Wehde […]

The CITY OF BROOKINGS, South Dakota, a Municipal Corporation, Appellant, v. The DEPARTMENT OF ENVIRONMENTAL PROTECTION, Respondent. No. 12239.Supreme Court of South Dakota. February 1, 1979. Appeal from the Circuit Court, Third Judicial Circuit, Brookings County, R.F. Manson, J. Page 888 Alan F. Glover of Denholm Glover Law Firm, Brookings, for appellant. Warren R. Neufeld, […]

Roger HOFER, Plaintiff and Appellant, v. The BOARD OF COUNTY COMMISSIONERS OF McCOOK COUNTY, State of South Dakota, and Walter Stevens, Chairman, Ralph Hetland, Orville Hofer, Terry Krantz, and William Nafziger, Defendants and Appellees. No. 13762.Supreme Court of South Dakota.Considered on Briefs January 19, 1983. Decided June 1, 1983. Appeal from the Circuit Court, Fourth […]

Ross v. Ross. Nos. 25509, 25510.Supreme Court of South Dakota. October 12, 2010. Abstracts of Summary Dispositions Affirmed (BGZ)

91 N.W.2d 480 APPLICATION OF DE MARRIAS File No. 9700.Supreme Court of South Dakota. Opinion filed July 23, 1958 Page 295 Appeal from Circuit Court, Minnehaha County; Hon. Roy D. Burns, Judge. Page 296 Davenport, Evans, Hurwitz Smith, Sioux Falls, for Petitioner-Appellant. Phil Saunders, Atty. Gen., George W. Wuest, Asst. Atty. Gen., for Respondent. HANSON, […]

73 N.W.2d 119 CONNOLLY et al., Respondents v. STANDARD CASUALTY COMPANY, Appellant File No. 9483.Supreme Court of South Dakota. Opinion filed November 18, 1955. Rehearing denied December 19, 1955. Page 96 Appeal from Circuit Court, Union County; Hon. Roy D. Burns, Judge. Action on public liability policy. From a judgment for plaintiffs, defendant appeals. Reversed. […]

54 N.W.2d 568 WILGE et al., Appellants, v. CROPP, Respondent File No. 9301.Supreme Court of South Dakota. Opinion filed August 25, 1952. Appeal from Municipal Court of the City of Mitchell; Hon. Fred D. Shandorf, Judge. Appeal dismissed. Hitchcock, Nichol Lassegard, Mitchell, for Plaintiff and Appellant. David M. Rogers, Mitchell, for Defendant and Respondent. LEEDOM, […]

A.L. CRANDELL, Plaintiff and Appellant, v. LARKIN AND JONES APPLIANCE COMPANY, INC., a corporation, Defendant and Third Party Plaintiff/Appellee, v. GAMBLE-SKOGMO, INC., a Delaware Corporation, and Webster City Products Company, a Division of White Consolidated Industries, Inc., f/k/a Franklin Manufacturing Company, Third Party Defendants. No. 13942.Supreme Court of South Dakota.Argued March 21, 1983. Decided May […]

STATE of South Dakota, Plaintiff and Appellee, v. Blaine John BRINGS PLENTY, Defendant and Appellant. Nos. 16613, 16636.Supreme Court of South Dakota.Argued January 8, 1990. Decided July 11, 1990. Appeal from the Circuit Court of the Seventh Judicial Circuit Pennington County, Marshall P. Young, J. Page 391 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE […]

645 N.W.2d 246 IN THE MATTER OF THE GUARDIANSHIP OF T.L.R. AND CONCERNING JOHNNY E. ROSS, FATHER No. 21913Supreme Court of South Dakota.Argued November 15, 2001. Opinion Filed May 8, 2002. Appeal From The Circuit Court Of The Fourth Judicial Circuit Meade County, South Dakota. Honorable Jerome A. Eckrich, Iii Judge. Page 247 JOHN J. […]

LaVonne Marie GIBSON, Plaintiff and Appellant, v. Glenn Dale GIBSON, Defendant and Appellee. No. 16163.Supreme Court of South Dakota.Submitted on Briefs November 30, 1988. Decided March 8, 1989. Appeal from the Circuit Court, Second Judicial Circuit, Minnehaha County, Richard D. Hurd, J. Catherine V. Piersol of Rose Piersol, Sioux Falls, for plaintiff and appellant. John […]

In the Matter of M.J.B., alleged Delinquent Child. No. 12586.Supreme Court of South Dakota.Argued September 18, 1979. Decided November 7, 1979. Appeal from the Circuit Court, Sixth Judicial Circuit, Mellette County, Donald L. Heck, J. Page 875 Mark Becker of South Dakota Legal Services, Mission, for appellants M.J.B. and mother of M.J.B. Mark Smith and […]

771 N.W.2d 920 Mitchell James MONETTE, Petitioner and Appellant, v. Douglas WEBER, Warden of the South Dakota State Penitentiary, Respondent and Appellee. No. 25050.Supreme Court of South Dakota.Considered on Briefs on May 26, 2009. Opinion Filed August 19, 2009. Appeal from the Circuit Court of the Third Judicial Circuit Lake County, South Dakota, Honorable Vincent […]

581 N.W.2d 483 The PEOPLE of the State of South Dakota, In the Interest of Y.C., Minor Child, and concerning L.S. and V.C. No. 20303.Supreme Court of South Dakota.Argued June 3, 1998. Decided July 8, 1998. Appeal from the Circuit Court, First Judicial Circuit, Lincoln County, Richard Bogue, J. Page 484 Scott A. Abdallah, Lincoln […]

159 N.W.2d 122 WATERTOWN INDEPENDENT SCHOOL DISTRICT NO. 1 et al., Respondents v. CODINGTON COUNTY BOARD OF EDUCATION et al., Appellants File No. 10488.Supreme Court of South Dakota. Opinion filed May 15, 1968 Page 310 Appeal from Circuit Court, Codington County; Hon. Harold O. Lund, Judge. Gribbin Burns and Thomas G. Ries, Watertown, Ralph Arneson, […]

WILLIAMS INSURANCE OF PIERRE, South Dakota, Plaintiff and Appellee, v. BEAR BUTTE FARMS PARTNERSHIP; and Wallace A. Edland, individually and d/b/a Bear Butte Farms Partnership; and Paul Chabor, individually and d/b/a Bear Butte Farms Partnership, Defendants and Appellants. No. 14958.Supreme Court of South Dakota.Considered on Briefs January 16, 1986. Decided August 27, 1986. Appeal from […]

40 N.W.2d 324 MILLER et al., Respondents, v. CHICAGO, R.I. P. Co., Appellant File No. 9045.Supreme Court of South Dakota. Opinion filed December 15, 1949. Rehearing denied January 26, 1950. Page 181 Appeal from Circuit Court, Minnehaha County; Hon. John T. Medin, Judge. Appeal by defendant from adverse judgment for damages resulting from a collision. […]

608 N.W.2d 322 ROGER H. KREBS, Petitioner and Appellant, v. DOUGLAS WEBER, Warden, South Dakota State Penitentiary, Appellee. Nos. 20961, 20962.Supreme Court of South Dakota.Considered on Briefs November 29, 1999. Opinion Filed March 29, 2000. Appeal from the Third Judicial Circuit, Beadle County, SD Hon. Robert L. Timm, Judge, Affirmed in part; Reversed in part. […]

768 N.W.2d 534 STATE of South Dakota, Plaintiff and Appellee, v. James Michael IVERSEN, Defendant and Appellant. No. 24960.Supreme Court of South Dakota.Considered on Briefs March 23, 2009. Decided June 24, 2009. Appeal from the Circuit Court, Third Judicial Circuit, Lake County, Tim D. Tucker, J. Page 535 Lawrence E. Long, Attorney General, Sherri Sundem […]

704 N.W.2d 896 TOWN SQUARE LIMITED PARTNERSHIP, a South Dakota Limited Partnership, Plaintiff and Appellant, v. CLAY COUNTY BOARD OF EQUALIZATION, Defendant and Appellee. 505 W. Main Limited Partnership, Plaintiff and Appellant, v. Clay County Board of Equalization, Defendant and Appellee. Nos. 23125, 23126.Supreme Court of South Dakota.Considered on Briefs on October 4, 2004. Decided […]

Daniel L. SUTERA, Plaintiff and Appellee, v. SULLY BUTTES BOARD OF EDUCATION, Sully Buttes School District No. 58-2, Brian Meyer, Tony Todd, Cliff De Sautell, Lillian Dampbell, Cathy Davis, Leonda Wright, and Don Burgeson, Defendants and Appellants. No. 14423.Supreme Court of South Dakota.Considered on Briefs May 24, 1984. Decided July 11, 1984. Appeal from the […]

Barbara A. MELBOURN, d/b/a Melbourn’s Florist, Plaintiff and Appellant, v. James BENHAM and Rita Benham, d/b/a Sunshine Realty, Defendants and Appellees. No. 12591.Supreme Court of South Dakota.Argued September 12, 1979. Decided May 21, 1980. Appeal from the Circuit Court, Sixth Judicial Circuit, Hughes County, John B. Jones, J. Page 336 Charles Rick Johnson of Johnson, […]

176 N.W.2d 491 HOUSE OF SEAGRAM, INC., Appellant v. ASSAM DRUG COMPANY, Respondents File No. 10662.Supreme Court of South Dakota. Opinion filed April 16, 1970 Page 28 Appeal from Circuit Court, Minnehaha County; Hon. Roy D. Burns, Judge. Willy, Pruitt Matthews, Acie W. Matthews, Sioux Falls, for plaintiff and appellant. Myrabo Weisensee, Tony Weisensee, Canton, […]

45 N.W.2d 460 CAHALAN, Plaintiff, v. TERRY, Defendant (Original Proceeding) File No. 9212.Supreme Court of South Dakota. Opinion filed December 26, 1950. Page 532 Original certiorari proceeding to review the action of the recount board on an election for state representative. Judgment in favor of the plaintiff. Paul F. Burke, Miller, Max Royhl, Boyd M. […]

661 N.W.2d 739 STATE OF SOUTH DAKOTA, Plaintiff and Appellee, v. OAKLEY B. ENGESSER, Defendant and Appellant. No. 22149Supreme Court of South Dakota.Argued October 8, 2002. Reassigned January 10, 2003. Opinion Filed April 23, 2003. Appeal From The Circuit Court Of The Fourth Judicial Circuit Meade County, South Dakota, Honorable Jerome A. Eckrich, III Judge. […]

15 N.W.2d 4 JOHNSON, Respondent, v. CONCRETE MATERIALS CO., Appellant File No. 8708.Supreme Court of South Dakota. Opinion filed June 16, 1944. 1. Workmen’s Compensation. An “injury by accident” within meaning of compensation act contemplates occurrence without design of some mishap or some untoward and unexpected event, or that some accidental injury was suffered traceable […]

Patricia KOENIGUER, Personal Representative of the Estate of Winnifred Scoblic, Deceased, Plaintiff and Appellant, v. J.A. ECKRICH, Jr., M.D., C.J. Kom, M.D., and Dakota Midland Hospital, a South Dakota Corporation, Jointly and Severally, Defendants and Appellees. No. 15869.Supreme Court of South Dakota.Considered on Briefs February 19, 1988. Decided April 27, 1988. Appeal from the Fifth […]

542 N.W.2d 138 Steven B. LINDQUIST, Administrator of the South Dakota Human Services Center, a South Dakota State Facility, Appellee, v. Jon E. BISCH, Appellant. Jon E. BISCH, Appellant, v. Steven B. LINDQUIST, Administrator of the South Dakota Human Services Center, a South Dakota State Facility, Appellee. Nos. 19108, 19109.Supreme Court of South Dakota.Argued November […]

STATE of South Dakota, Plaintiff and Respondent, v. Norman JACQUITH, Jr., Defendant and Appellant. No. 12338.Supreme Court of South Dakota.Argued September 14, 1978. Decided November 30, 1978. Appeal from the Circuit Court, First Judicial Circuit, Clay County, Donald E. Erickson, J. Page 91 Kevin F. Manson, Asst. Atty. Gen., Pierre, on brief, William J. Janklow, […]

98 N.W.2d 125 IN RE JOHN E. GOODRICH File No. 9714.Supreme Court of South Dakota. Opinion filed September 2, 1959 Page 9 Disbarment proceeding against John E. Goodrich, a licensed attorney. The Supreme Court held that attorney’s conduct warranted disbarment. Attorney disbarred. Parnell J. Donohue, Atty. Gen., Wallace G. Dunker, Asst. Atty. Gen., for the […]