South Dakota Supreme Court Opinions Archives

OLSON v. JOHN MORRELL CO., 703 N.W.2d 173 (S.D. 2002)

OLSON v. JOHN MORRELL CO. No. 22200.Supreme Court of South Dakota. April 30, 2002. Affirmed (JRE).

ABSTRACTS OF SUMMARY DISPOSITIONS, 624 N.W.2d 358 (2001)

Supreme Court of South Dakota. FISCAL YEAR 2001 (Third Quarter) ABSTRACTS OF SUMMARY DISPOSITIONS Pursuant to SDCL 15-26A-87.1(A), (B), (C), and (D), the Supreme Court may, sua sponte, enter an order or memorandum opinion summarily affirming or reversing the judgment or order of the trial court in actions wherein the criteria as required by those […]

STATE v. MALONE CONST. CO., ET AL., 81 S.D. 1 (1964)

129 N.W.2d 900 STATE for the use of DON’S HEAVY HAULING, INC., Respondent v. FRANK D. MALONE CONSTRUCTION CO., et al., Appellants File No. 10092.Supreme Court of South Dakota. Opinion filed August 18, 1964 1. Joint Adventures. Member of joint adventure can bind his associates by such contracts as are reasonably necessary to carry on […]

STATE v. FEIOK, 364 N.W.2d 536 (1985)

STATE of South Dakota, Plaintiff and Appellee, v. Jeffrey R. FEIOK, Defendant and Appellant. 14646.Supreme Court of South Dakota. Considered on Briefs January 7, 1985. Decided March 13, 1985. Appeal from the Circuit Court, Fourth Judicial Circuit, Davison County, George W. Wuest, J. Page 537 Mark Smith, Asst. Atty. Gen., Pierre, for plaintiff and appellee; […]

NORRIS v. CHICAGO, M., ST. P. P. RAILROAD CO., 74 S.D. 271 (1952)

51 N.W.2d 792 NORRIS, Appellant, v. CHICAGO, M., ST. P. P.R. CO., Respondent File No. 9185.Supreme Court of South Dakota. Opinion filed February 18, 1952. Appeal from Circuit Court of Beadle County; Hon. B.B. McClaskey, Judge. Affirmed. Page 272 Max Royhl, Boyd M. Benson, Huron, for Plaintiff and Appellant. Dwight Campbell, Aberdeen, for Defendant and […]

MATTER OF M.A.C., 512 N.W.2d 152 (1994)

In the Matter of the Termination of Parental Rights Over M.A.C. and A.R.C. No. 18183.Supreme Court of South Dakota.Argued October 4, 1993. Decided February 2, 1994. Appeal from the Circuit Court, Second Judicial Circuit, Minnehaha County, Judith K. Meierhenry, J. Page 153 Charles L. Dorothy, Sioux Falls, for appellant M.H. Robert L. O’Connor, Sioux Falls, […]

HOLSCHER v. VALLEY QUEEN CHEESE FACTORY, 2006 SD 35

713 N.W.2d 555 Chris HOLSCHER, Claimant and Appellant, v. VALLEY QUEEN CHEESE FACTORY, Employer and Appellee, and Acuity Insurance, Insurer and Appellee. No. 23657.Supreme Court of South Dakota.Argued January 11, 2006. Decided April 5, 2006. Appeal from the Circuit Court, Third Judicial Circuit, Grant County, Robert L. Timm, J. Page 556 [EDITORS’ NOTE: THIS PAGE […]

ST. JOHN v. PETERSON, 2011 SD 58

804 N.W.2d 71 Lita ST. JOHN, Plaintiff and Appellant, v. Linda PETERSON, M.D., Defendant and Appellee. No. 25772.Supreme Court of South Dakota.Argued on May 25, 2011. Decided September 14, 2011. Appeal from the Circuit Court, Fifth Judicial Circuit, Roberts County, Jon S. Flemmer, J. Page 72 Thomas L. Sannes, Gordon P. Nielsen of Delaney, Vander […]

SHERMAN v. MEYER, 312 N.W.2d 373 (1981)

Chet SHERMAN, d/b/a Sherman’s Concrete Construction, Plaintiff and Appellant, v. Donald W. MEYER and Audrey R. Meyer, Defendants and Appellees. No. 13289.Supreme Court of South Dakota.Considered on Briefs April 21, 1981. Decided November 10, 1981. Rehearing Denied December 2, 1981. Appeal from the Circuit Court, Eighth Judicial Circuit, Meade County, Scott C. Moses, J. William […]

STATE v. WEINANDT, 84 S.D. 322 (1969)

171 N.W.2d 73 STATE, Respondent v. WEINANDT, Appellant File No. 10553.Supreme Court of South Dakota. Opinion filed October 2, 1969 Page 323 Appeal from Circuit Court, Minnehaha County; Hon. Roy D. Burns, Judge. Affirmed. Timothy J. Nimick, Sioux Falls, for defendant and appellant. Gordon Mydland, Atty. Gen., Edward M. Blando, Asst. Atty. Gen., Pierre, for […]

CARR v. HOMESTAKE MINING CO., 88 S.D. 27 (1974)

215 N.W.2d 830 CARR, Claimant v. HOMESTAKE MINING CO., Employer and Self Insurer File No. 11255.Supreme Court of South Dakota. Opinion filed February 15, 1974 Appeal from the Circuit Court of Lawrence County; Hon. Leslie R. Hersrud, Judge. Scott C. Moses, Deadwood, for claimant. Kellar Kellar Fuller, Lead, for employer and self insurer. DOYLE, Justice. […]

HAFNER v. DELANO, 520 N.W.2d 587 (1994)

Richard HAFNER, Plaintiff and Appellant, v. Lynn DELANO, Individually and as Secretary of the South Dakota Department of Charities and Corrections; South Dakota Department of Charities and Corrections [sic] South Dakota Department of Corrections; Walter Leapley, Individually and as Warden of the South Dakota State Penitentiary; Beverly Armstrong, R.N., [sic] (Armfield), Individually and as an […]

STATE v. CHARGER, 2000 SD 70

611 N.W.2d 221 STATE OF SOUTH DAKOTA, Plaintiff and Appellee, v. LEON L. CHARGER, Defendant and Appellant. No. 21149Supreme Court of South Dakota.Considered on Briefs April 24, 2000; Opinion Filed May 31, 2000. Appeal from the Seventh Judicial Circuit, Pennington County, SD Hon. Janine M. Kern, Judge, #21149 — Affirmed. Page 222 Mark Barnett, Attorney […]

RAPID CITY EDUCATION ASSOCIATION v. SCHOOL DISTRICT, 442 N.W.2d 926 (1989)

RAPID CITY EDUCATION ASSOCIATION, on Behalf of Carol LYNCH, et al., Plaintiff and Appellant, v. RAPID CITY SCHOOL DISTRICT # 51-4, Defendant and Appellee. No. 16490.Supreme Court of South Dakota.Considered on Briefs May 24, 1989. Decided July 12, 1989. Appeal from the Seventh Judicial Circuit Court, Pennington County, Marshall P. Young, J. Linda Lea M. […]

STATE v. FLEURY, 705 N.W.2d 265 (S.D. 2005)

STATE v. FLEURY. No. 23396.Supreme Court of South Dakota. September 6, 2005. Affirmed (LDA).

FEDERAL LAND BANK OF OMAHA v. JOHNSON, 446 N.W.2d 446 (1989)

FEDERAL LAND BANK OF OMAHA a corporation, Plaintiff and Appellee, v. Eldon W. JOHNSON and Lavonne Johnson, husband and wife, Defendants and Appellants, and The United States of America, acting through the Farmers Home Administration, Defendant. No. 16094, 16116.Supreme Court of South Dakota.Argued February 16, 1989. Decided October 4, 1989. Appeal from the Circuit Court […]

IN RE I.J.F., 789 N.W.2d 321 (S.D. 2010)

In re I.J.F. No. 25157.Supreme Court of South Dakota. February 25, 2010. Abstracts of Summary Dispositions Affirmed (O’Brien)

WALL v. WALL, 260 N.W.2d 644 (1977)

Helena WALL, Plaintiff and Appellant, v. Lloyd WALL, Defendant and Respondent. No. 12059.Supreme Court of South Dakota.Argued September 12, 1977. Decided December 30, 1977. Appeal from the Circuit Court of the Ninth Judicial Circuit, Faulk County, Jon Fosheim, J. Page 645 John S. Lovald, of Maher Lovald, Pierre, for plaintiff and appellant. Carlyle E. Richards, […]

GARRITSEN v. LEAPLEY, 541 N.W.2d 89 (1995)

David W. GARRITSEN, Petitioner and Appellant, v. Walter LEAPLEY, Warden of the South Dakota Penitentiary, Appellee. No. 18787.Supreme Court of South Dakota.Considered on Briefs September 14, 1995. Decided December 20, 1995. Appeal from the Circuit Court, Fourth Judicial District, Davison County, Ronald K. Miller, J. Page 90 John A. Schlimgen of Stuart and Gerry, Sioux […]

APPEAL OF SCHRAMM, 414 N.W.2d 31 (1987)

In the Matter of the Appeal of Dr. Dwight SCHRAMM From the Final Order of the State Board of Dentistry Dated May 6, 1986. No. 15588.Supreme Court of South Dakota.Considered on Briefs September 3, 1987. Decided October 14, 1987. Appeal from the Circuit Court, Sixth Judicial Circuit, Tripp County, Robert A. Miller, J. Page 32 […]

STATE v. WEAVER, 2002 SD 76

648 N.W.2d 355 STATE OF SOUTH DAKOTA, Plaintiff and Appellee, v. MARK WEAVER, Defendant and Appellant. No. 21889Supreme Court of South Dakota.Considered On Briefs On November 13, 2001. Opinion Filed July 2, 2002. Appeal From The Circuit Court Of The Fourth Judicial Circuit Meade County, South Dakota. Honorable Jerome Ekrich, III Judge. Page 356 [EDITORS’ […]

STATE v. LYERLA, 424 N.W.2d 908 (1988)

STATE of South Dakota, Plaintiff and Appellee. v. Gerald K. LYERLA, Defendant and Appellant. No. 15446.Supreme Court of South Dakota.Argued May 20, 1987. Decided June 8, 1988. Appeal from the Circuit Court, Sixth Judicial Circuit, Jackson County, Robert A. Miller, J. Roger Tellinghuisen, Atty. Gen., John W. Bastian, Asst. Atty. Gen., Pierre, for plaintiff and […]

MYHRE v. MYHRE, 296 N.W.2d 905 (1980)

Lloyd A. MYHRE, Plaintiff and Appellant, v. Ella S. MYHRE, Defendant and Appellee. Lloyd A. MYHRE, Plaintiff and Appellee, v. Ella S. MYHRE, Defendant and Appellant. Nos. 12870, 12911.Supreme Court of South Dakota.Argued February 27, 1980. Decided September 24, 1980. Appeal from the Circuit Court, Second Judicial Circuit, Minnehaha County, Robert J. Patterson, J. Page […]

STATE v. HEAD, 469 N.W.2d 585 (1991)

STATE of South Dakota, Plaintiff and Appellant v. Elmer R. HEAD, Defendant and Appellee. No. 17132.Supreme Court of South Dakota.Argued February 11, 1991. Decided May 1, 1991. Appeal from the Circuit Court, Fifth Judicial Circuit, Brown County, Vernon C. Evans, J. Page 586 Roger A. Tellinghuisen, Atty. Gen., Pierre, Craig M. Eichstadt, Asst. Atty. Gen., […]

BLACKWELL v. PANZER, 683 N.W.2d 424 (S.D. 2004)

BLACKWELL v. PANZER. No. 23015.Supreme Court of South Dakota. February 23, 2004.[*] [*] Rehearing Denied May 23, 2004. Affirmed (JWA).

IN RE ZGI, 722 N.W.2d 378 (S.D. 2006)

In re ZGI. 24009.Supreme Court of South Dakota. July 28, 2006. Affirmed (RLT).

CLARKSON COMPANY v. CONTINENTAL RESOURCES, INC., 2011 SD 72

CLARKSON AND COMPANY, Plaintiff and Appellee, v. CONTINENTAL RESOURCES, INC., Defendant and Appellant. Nos. 25804, 25821Supreme Court of South Dakota.Considered On Briefs On August 22, 2011 Opinion Filed November 9, 2011 Appeal From The Circuit Court Of The Fourth Judicial Circuit Harding County, South Dakota, The Honorable John W. Bastian Judge. KENNETH E. BARKER, TIMOTHY […]

LEMMON EDUC. v. LEMMON SCH. DIST. NO. 52-2, 478 N.W.2d 821 (1991)

LEMMON EDUCATION ASSOCIATION, Appellant, v. LEMMON SCHOOL DISTRICT NO. 52-2 and Lemmon Board of Education, Appellees. No. 17423.Supreme Court of South Dakota. December 18, 1991. Appeal from the Circuit Court, Eighth Judicial Circuit, Perkins County, Warren G. Johnson, J. Linda Lea Viken of Finch, Viken, Viken and Pechota, Rapid City, for appellant. Ronald R. Johnson, […]

MATTER OF V.R., 267 N.W.2d 832 (1978)

In the Matter of V.R., alleged delinquent child. No. 12264.Supreme Court of South Dakota.Argued February 15, 1978. Decided July 13, 1978. Appeal from the Circuit Court, First Judicial Circuit, Clay County, Robert C. Ulrich, J. Page 833 Judith Meierhenry of Meierhenry, DeVany Krueger, Vermillion, for appellant V.R. Peter H. Lieberman and Leann Larson Finke, Asst. […]

WANG v. PATTERSON, 469 N.W.2d 577 (1991)

Robert L. WANG, Jerry Tarrant, and George Wells, Appellants, v. Bev PATTERSON, Auditor for City of Sturgis, Appellee. No. 17177.Supreme Court of South Dakota.Considered on Briefs November 30, 1990. Decided May 1, 1991. Rehearing Denied May 24, 1991. Appeal from the Circuit Court, Eighth Judicial Circuit, Meade County, Warren G. Johnson, J. Bryce A. Flint […]

TOFT v. TOFT, 2006 SD 91

723 N.W.2d 546 Lisa Dawn TOFT, Plaintiff, v. Patrick Dale TOFT, Defendant and Appellee, and Elmer and Cornelia Stratmeyer, Intervenors and Appellants. No. 23945.Supreme Court of South Dakota. Considered on Briefs on August 28, 2006. Decided October 18, 2006. Appeal from the Circuit Court, Second Judicial Circuit, Lincoln County, Stuart Tiede, J. Page 547 [EDITORS’ […]

HADDORF v. JERAULD COUNTY, 63 S.D. 448 (1935)

260 N.W. 404 HADDORF, Respondent, v. JERAULD COUNTY, et al, Appellants. File No. 7763.Supreme Court of South Dakota. Opinion filed May 4, 1935. 1. Master and Servant. Appeal to courts from decision of board arbitration or the industrial commissioner in compensation proceeding must be upon records made and preserved before board of arbitration or industrial […]

ZADEL v. JOHNSTON, 73 S.D. 216 (1950)

41 N.W.2d 227 ZADEL, Appellant, v. JOHNSTON, Respondent File No. 9073.Supreme Court of South Dakota. Opinion filed February 15, 1950. Rehearing denied March 22, 1950. Appeal from Circuit Court, Lawrence County; Hon. Alex Rentto, Judge. Action by Mildred Arthur Zadel against Hilda Johnston seeking to enforce a trust. From a judgment dismissing the complaint, plaintiff […]

MOSCHELL v. TOWN OF ROSWELL, 60 S.D. 35 (1932)

243 N.W. 100 MOSCHELL, et al, Respondents, v. TOWN OF ROSWELL, Appellant. File No. 7266.Supreme Court of South Dakota. Opinion filed May 21, 1932. 1. Jury — Municipal Corporations. Special statutory proceeding for exclusion of farms from town limits held equitable in nature in which defendant was properly denied jury trial (Rev. Code 1919, §§ […]

FUOSS v. VIK ET AL., 80 S.D. 260 (1963)

122 N.W.2d 213 FUOSS, Appellant v. VIK et al, Respondents File No. 10061. OpSupreme Court of South Dakota. Opinion filed June 25, 1963 1. Appeal and Error. Public question was involved in action to enjoin county board from selling bonds which had been authorized by electors to construct and equip a county hospital and appeal […]

STATE v. CZERNEY, 61 S.D. 172 (1933)

247 N.W. 376 STATE, Respondent, v. CZERNEY, Appellant. File No. 7316.Supreme Court of South Dakota. Opinion filed March 14, 1933. 1. Criminal Law. To warrant conviction on circumstantial evidence alone, circumstances, taken together, should be conclusive and point to moral certainty that accused committed offense charged. 2. Criminal Law. To warrant conviction on circumstantial evidence […]

HAYNE v. WANNA, 694 N.W.2d 722 (S.D. 2004)

HAYNE v. WANNA. No. 23263.Supreme Court of South Dakota. November 22, 2004. Affirmed (RJS).

COOK v. REZEK, 89 S.D. 667 (1975)

237 N.W.2d 18 COOK, Appellant v. REZEK, Respondent File No. 11640.Supreme Court of South Dakota. Opinion filed December 19, 1975 Petition for rehearing denied January 23, 1976 Appeal from the Circuit Court of Charles Mix County; Hon. E.W. Hertz, Judge. Morgan Fuller, Mitchell, for plaintiff and appellant. Page 668 Davenport, Evans, Hurwitz Smith, Sioux Falls, […]

ACKER v. ADAMSON, 67 S.D. 341 (1940)

293 N.W. 83 ACKER, Respondent, v. ADAMSON, et al, Appellants File No. 8320.Supreme Court of South Dakota. Opinion filed June 27, 1940. 1. Bastards — Constitutional Law. The provisions of the Uniform Illegitimacy Act providing that court may require father to give security by bond with sureties for payment of judgment for child’s support, and […]

STATE v. OPHEIM, 84 S.D. 227 (1969)

169 N.W.2d 716 STATE, Respondent v. OPHEIM, Appellant File No. 10442.Supreme Court of South Dakota. Opinion filed July 29, 1969 Appeal from Circuit Court, Brookings County; Hon. George A. Rice, Judge. Affirmed. Frank E. Denholm, Brookings, for defendant and appellant. Gordon Mydland, Atty. Gen., Walter W. Andre, Asst. Atty. Gen., Pierre, for plaintiff and respondent. […]

SHOEN v. SIOUX FALLS GAS CO., 63 S.D. 527 (1935)

261 N.W. 393 SHOEN, et al, Respondents, v. SIOUX FALLS GAS CO., et al, Appellants. File No. 7705-7706.Supreme Court of South Dakota. Opinion filed June 8, 1935. 1. Creditors’ Suit. Purpose of creditors’ bill is to exercise court’s equitable powers to set aside fraudulent encumbrance or conveyance preventing an execution at law or to compel […]

STATE v. ELL, 338 N.W.2d 845 (1983)

STATE of South Dakota, Plaintiff and Appellee, v. Ronald R. ELL, Defendant and Appellant. No. 13726.Supreme Court of South Dakota.Submitted on Briefs September 9, 1982. Decided October 5, 1983. Appeal from the Circuit Court, Second Judicial Circuit, Minnehaha County, Richard D. Hurd, J. Page 846 Richard Dale, Asst. Atty. Gen., Mark V. Meierhenry, Atty. Gen., […]

MATTER OF ESTATE OF KUHN, 470 N.W.2d 248 (1991)

In the Matter of the ESTATE of Frances T. KUHN, Deceased. No. 17256.Supreme Court of South Dakota.Considered on Briefs March 20, 1991. Decided May 15, 1991. Appeal from the Eighth Judicial Circuit Court, Corson County, Timothy R. Johns, J. Page 249 Mark K. Kroontje of Seiler Cain, Herreid, for appellee. Daniel J. Todd of Bormann […]

SIERS v. CLASS, 1998 SD 77

581 N.W.2d 491 Anthony SIERS, Petitioner and Appellee, v. Joseph CLASS, Warden of the South Dakota State Penitentiary, Respondent and Appellant. No. 20302.Supreme Court of South Dakota.Considered on Briefs April 29, 1998. Decided July 8, 1998. Appeal from the Circuit Court, Seventh Judicial Circuit, Pennington County, Janine Kern, J. Page 492 Timothy J. Rensch, Rapid […]

STATE, EX REL GRANT v. JAMESON, 70 S.D. 369 (1945)

17 N.W.2d 714 STATE, ex rel GRANT, Appellant v JAMESON, Acting Warden, Respondent File No. 8757.Supreme Court of South Dakota. Opinion filed February 26, 1945. 1. Criminal Law. Under the Constitution and statutes, the court has power to suspend sentence only where the conviction is a first conviction, and order suspending sentence imposed against second […]

STATE v. GOODROAD, 703 N.W.2d 170 (S.D. 2001)

STATE v. GOODROAD. No. 21666.Supreme Court of South Dakota. September 4, 2001. Affirmed (BLM).

STORM v. ARMOUR, 61 S.D. 304 (1933)

248 N.W. 491 STORM, Respondent, v. ARMOUR, Appellant. File Nos. 7239, 7358.Supreme Court of South Dakota. Opinion filed May 15, 1933. Appeal from Circuit Court, Meade County; HON. JAMES McNENNY, Judge. Atwater Helm, of Sturgis, for Appellant. H.F. Fellows, of Rapid City, Dan McCutchen, of Belle Fourche Joseph Coursey, of Rapid City, and C.L. Brady, […]

STATE v. STUEVE, 789 N.W.2d 732 (S.D. 2010)

State v. Stueve No. 25402.Supreme Court of South Dakota. May 3, 2010. Abstracts of Summary Dispositions Affirmed (RKR)

STATE v. GUERRA, 2009 SD 74

772 N.W.2d 907 STATE OF SOUTH DAKOTA, Plaintiff and Appellee, v. JOHN VINCENT GUERRA, Defendant and Appellant. No. 24643.Supreme Court of South Dakota.Considered on Briefs on November 3, 2008. Opinion Filed August 19, 2009. Appeal from the Circuit Court of the Seventh Judicial Circuit Pennington County, South Dakota, Honorable Merton B. Tice, Jr. J. Page […]

TISDEL v. BEADLE COUNTY BD. OF COM’RS, 2001 SD 149

638 N.W.2d 250 JOHN TISDEL and PEGGY TISDEL, Petitioners and Appellants, v. BEADLE COUNTY BOARD OF COMMISSIONERS, Defendant and Appellee. No. 21900Supreme Court of South Dakota.Considered on Briefs November 13, 2001. Opinion Filed December 26, 2001. Appeal From The Circuit Court Of The Third Judicial Circuit Beadle County, South Dakota. Honorable Jon R. Erickson Judge. […]

RAPP v. PETRICK, 61 S.D. 426 (1933)

249 N.W. 736 RAPP, Respondent, v. PETRICK, Appellant. File No. 7360.Supreme Court of South Dakota. Opinion filed July 31, 1933. 1. Vendor and Purchaser. Where contract for sale of realty was to be executed November 1, 1930, and vendor’s wife, who had no authority to repudiate contract on October 29, 1930, served notice on purchaser […]

STATE v. ADAMS, 360 N.W.2d 519 (1985)

STATE of South Dakota, Plaintiff and Appellee, v. John ADAMS, Defendant and Appellant. No. 14469.Supreme Court of South Dakota.Considered on Briefs September 13, 1984. Decided January 2, 1985. Appeal from the Circuit Court, Second Judicial Circuit, Minnehaha County, Richard D. Hurd, J. Page 520 John W. Bastian, Asst. Atty. Gen., Pierre, for plaintiff and appellee; […]

STOCKGROWERS ASSOCIATION, INC. v. HOLLOWAY, 438 N.W.2d 561 (1989)

SOUTH DAKOTA STOCKGROWERS ASSOCIATION, INC., Appellant, v. Daniel HOLLOWAY and South Dakota Department of Labor, Appellees. No. 16363.Supreme Court of South Dakota.Considered on Briefs February 17, 1989. Decided April 12, 1989. Appeal from the Circuit Court, Seventh Judicial Circuit, Pennington County, Marshall P. Young, J. Dennis H. Hill of Costello, Porter, Hill, Heisterkamp Bushnell, Rapid […]

STATE v. FREY, 440 N.W.2d 721 (1989)

STATE of South Dakota, Plaintiff and Appellee, v. Dean FREY, Defendant and Appellant. 16034.Supreme Court of South Dakota.Considered on Briefs October 13, 1988. Reassigned January 3, 1989. Decided May 3, 1989. Rehearing Denied June 9, 1989. Appeal from the Circuit Court, Eighth Judicial Circuit, Perkins County, Warren G. Johnson, J. Page 722 Rita D. Haverly […]

LOGAN v. SOLEM, 406 N.W.2d 714 (1987)

Douglas LOGAN, Petitioner and Appellant, v. Herman SOLEM, Respondent and Appellee. No. 15409.Supreme Court of South Dakota.Considered on Briefs February 17, 1987. Decided May 27, 1987. Appeal from the Circuit Court, Second Judicial Circuit, Minnehaha County, Robert C. Heege, J. Page 715 Richard Braithwaite, Sioux Falls, for petitioner and appellant. Janine Kern, Asst. Atty. Gen., […]

BACHAND v. WALKER, 455 N.W.2d 851 (1990)

Oscar BACHAND, Appellant, v. Bruce J. WALKER, Appellee. No. 16692.Supreme Court of South Dakota.Argued March 20, 1990. Decided May 9, 1990. Appeal from the Circuit Court of the Eighth Judicial Circuit, Meade County, Scott C. Moses, J. Steven C. Beardsley and Jon C. Sogn of Lynn, Jackson, Shultz Lebrun, P.C., Rapid City, for appellant. Ronald […]

STATE v. PICKERING, 245 N.W.2d 634 (1976)

STATE of South Dakota, Plaintiff and Respondent, v. Michael David PICKERING, Defendant and Appellant. No. 11650.Supreme Court of South Dakota. September 22, 1976. Appeal from the Circuit Court, Second Judicial Circuit, Lincoln County, Richard Braithwaite, J. Page 635 William J. Janklow, Atty. Gen., Peter H. Lieberman, Asst. Atty. Gen., Pierre, for plaintiff and respondent. William […]

STATE v. BOWDER, 66 S.D. 43 (1938)

278 N.W. 27 STATE, Respondent, v. BOWDER, Appellant. File No. 8006.Supreme Court of South Dakota. Opinion filed February 25, 1938. Criminal Law. Where defendant filed notice of intention to move for new trial within time allowed by statute for moving for new trial, but subsequently filed notice of motion for new trial to be presented […]

EQUITABLE LIFE A. SOCIETY v. LUNNING, 64 S.D. 168 (1936)

265 N.W. 876 EQUITABLE LIFE ASSURANCE SOCIETY OF THE U.S., Respondent, v. LUNNING, et al, Appellants. File No. 7830.Supreme Court of South Dakota. Opinion filed March 21, 1936. 1. Courts. County courts are courts of general jurisdiction in matters of probate (Rev. Code 1919, § 3173; Const. art. 5, § 20). 2. Executors and Administrators. […]

STATE v. BURKE, 86 S.D. 737 (1972)

201 N.W.2d 234 STATE, Respondent v. BURKE, Appellant File No. 11088.Supreme Court of South Dakota. Opinion filed October 6, 1972 Page 738 Appeal from circuit court of Minnehaha County; Hon. Roy D. Burns, Judge. William J. Srstka, Asst. Atty. Gen., Pierre, for plaintiff and respondent. Gordon Mydland, Atty. Gen., and Walter W. Andre, Asst. Atty. […]

UNION BANK TRUST v. PAY, ET AL., 86 S.D. 127 (1971)

192 N.W.2d 130 UNION BANK TRUST, Appellant v. PAY et al., Respondents File No. 10923.Supreme Court of South Dakota. Opinion filed December 2, 1971 Page 128 Appeal from the circuit court of Minnehaha County; Hon. Roy D. Burns, Judge. Willy, Pruitt Matthews, Sioux Falls, for plaintiff and appellant. Davenport, Evans, Hurwitz Smith by L.L. Piersol, […]

IN RE COLLINS, 85 S.D. 375 (1970)

182 N.W.2d 335 IN RE COLLINS, PETITIONER File no. 10782.Supreme Court of South Dakota. Opinion filed December 31, 1970 1. Automobiles. Where petition for restoration of driving privileges alleged only one conviction for driving while under influence of intoxicating liquors, trial court properly examined facts and records to determine whether revocation was proper and whether […]

IN RE REVISIONS TO THE SOUTH DAKOTA RULES OF PROF. RES. (S.D. 9-29-2003)

In the Matter of the Revisions to the South Dakota Rules of Professional Responsibility No. 03-26Supreme Court of South Dakota. September 29, 2003 David Gilbertson, Chief Justice A hearing having been held on August 28, 2003, at Pierre, South Dakota relating to the revisions of the South Dakota Rules of Professional Responsibility, and the Court […]

FALL RIVER CO. v. STATE DEPT. OF REVENUE, 1999 SD 139

601 N.W.2d 816 FALL RIVER COUNTY, a political subdivision of the State of South Dakota, Plaintiff and Appellant, v. SOUTH DAKOTA DEPARTMENT OF REVENUE and Burlington Northern Santa Fe Railroad Company, Defendants and Appellees, and the Counties of Beadle, Brown, Clark, Codington, Corson, Custer, Day, Edmunds, Grant, Hamlin, Kingsbury, Lake, Marshall, Minnehaha, Perkins, Roberts, and […]

GUILFORD v. NORTHWESTERN PUBLIC SERVICE, 1998 SD 71

581 N.W.2d 178 John GUILFORD, Plaintiff and Appellant, v. NORTHWESTERN PUBLIC SERVICE, a South Dakota corporation, Defendant, and Dakota Pork Industries, Inc., a South Dakota corporation, and Mark Heuston, an individual, Defendants and Appellees. Nos. 20155, 20165.Supreme Court of South Dakota.Argued April 27, 1998. Decided July 1, 1998. Appeal from the Circuit Court, Beadle County, […]

SCHMIDT v. ZELLMER, 298 N.W.2d 178 (1980)

Cletus SCHMIDT, d/b/a Skipper’s Bar, Plaintiff and Appellee, v. Steven J. ZELLMER, Secretary of Revenue of the State of South Dakota, Defendant and Appellant, and David Volk, Treasurer of the State of South Dakota, Defendant. No. 12949.Supreme Court of South Dakota.Submitted on Briefs September 8, 1980. Decided November 5, 1980. Appeal from the Fourth Judicial […]

STATE v. JANIS, 529 N.W.2d 211 (1995)

STATE of South Dakota, Plaintiff and Appellee, v. Rochelle K. JANIS a/k/a, Rochelle Little Spotted Horse, Defendant and Appellant. No. 18825.Supreme Court of South Dakota.Considered on Briefs February 15, 1995. Decided March 29, 1995. Appeal from the Seventh Judicial Circuit Court, Pennington County,. Page 212 Jeff W. Davis, J. Mark Barnett, Atty. Gen., Scott Bogue, […]

KASSELDER v. KAPPERMAN, 316 N.W.2d 628 (1982)

Alice and Gene KASSELDER, doing business as A G Diesel Truck Repair, Plaintiffs and Appellees, v. Jerome KAPPERMAN, doing business as Kapperman Construction Company, Defendant, and James Schladweiler, Defendant and Appellant. No. 13455.Supreme Court of South Dakota.Submitted on Briefs January 21, 1982. Decided March 3, 1982. Appeal from the Circuit Court, Fourth Judicial Circuit, Davison […]

STATE EX REL. MALONEY v. WELLS, 79 S.D. 389 (1961)

112 N.W.2d 601 STATE ex rel. MALONEY, Plaintiff v. WELLS, Defendant File No. 9959.Supreme Court of South Dakota. Opinion filed December 29, 1961 Page 390 Original proceeding in nature of mandamus brought to establish relator’s right to office of employment security commissioner and counsel. Judgment for the plaintiff. A.C. Miller, Atty. Gen., Joseph H. Bottum, […]

TILLMAN v. MAURICE, 793 N.W.2d 207 (S.D. 2010)

Tillman v. Maurice. No. 25523.Supreme Court of South Dakota. October 12, 2010. Abstracts of Summary Dispositions Affirmed (KKC)

STATE v. LUTHERAN, 76 S.D. 561 (1957)

82 N.W.2d 507 STATE, Respondent v. LUTHERAN, Appellant File No. 9599.Supreme Court of South Dakota. Opinion filed April 30, 1957. Page 562 Appeal from Circuit Court, Pennington County; Hon. George D. Lampert, Judge. Prosecution of defendant on information charging him with the crimes of incest, adultery, and rape of his nine year old daughter. From […]

GUINDON v. GUINDON, 256 N.W.2d 894 (1977)

Charlean R. GUINDON, Plaintiff and Appellant, v. Fred V. GUINDON, Defendant and Respondent. No. 11871.Supreme Court of South Dakota. August 17, 1977. Appeal from the Circuit Court, First Judicial Circuit, Union County, Donald E. Erickson, J. Page 895 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY […]

TSCHETTER v. DOLAND BD. OF ED., ETC., 302 N.W.2d 43 (1981)

Janet TSCHETTER, Appellant, v. DOLAND BOARD OF EDUCATION of DOLAND SCHOOL DISTRICT # 56-2, Appellee. No. 13141.Supreme Court of South Dakota.Argued January 14, 1981. Decided February 18, 1981. Appeal from the Circuit Court, Third Judicial Circuit, Spink County, Vernon C. Evans, J. Page 44 James C. Robbennolt of Duncan, Olinger, Srstka, Maher Lovald, Pierre, for […]

THOMPSON YARDS, INC., v. VAN NICE, 59 S.D. 306 (1931)

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