281 N.W. 907 STATE COLLEGE DEVELOPMENT ASS’N., Respondent, v. NISSEN, Secretary of Board of Regents, Appellant File No. 8238.Supreme Court of South Dakota. Opinion filed November 5, 1938. 1. States. A proposed contract between State College Development Association and Board of Regents, which provided that association should furnish 55 per cent. of amount required to […]
Category: South Dakota Supreme Court Opinions
STATE v. VANDERGRIFT, 1997 SD 5
558 N.W.2d 862 STATE of South Dakota, Plaintiff and Appellee, v. Gale A. VANDERGRIFT, Defendant and Appellant. No. 19403.Supreme Court of South Dakota.Considered on Briefs May 24, 1996. Decided January 22, 1997. Appeal from the Third Judicial Circuit Court, Brookings County, Rodney J. Steele, J. Mark Barnett, Attorney General, Jeffrey P. Hallem, Assistant Attorney General, […]
STATE v. BORDEAUX, 2006 SD 12
710 N.W.2d 169 STATE of South Dakota, Plaintiff and Appellee, v. Gerald BORDEAUX, Defendant and Appellant. No. 23766.Supreme Court of South Dakota.Considered on Briefs January 9, 2006. Decided February 1, 2006. Appeal from the Circuit Court, Second Judicial Circuit, Minnehaha County, Joseph Neiles, J. Page 170 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT […]
STATE v. MacDONALD, 260 N.W.2d 626 (1977)
STATE of South Dakota, Appellant, v. Russell D. MacDONALD, Respondent. No. 12087.Supreme Court of South Dakota. December 30, 1977. Appeal from the Circuit Court, Second Judicial Circuit, Minnehaha County, Wayne W. Christensen, J. Judith A. Atkinson, Asst. Atty. Gen., Pierre, for appellant; William J. Janklow, Atty. Gen., Pierre, on the brief. Arlie J. Brende and […]
MILLER v. SCHOLTEN, 273 N.W.2d 757 (1979)
Ernest MILLER and Marlys Miller, Plaintiffs and Respondents, No. 12169 and Plaintiffs and Cross-Appellants, No. 12173, v. Leonard SCHOLTEN and Viola Scholten, Defendants and Appellants, No. 12169 and Defendants and Cross-Respondents, No. 12173. Nos. 12169, 12173.Supreme Court of South Dakota. January 5, 1979. Rehearing Denied February 7, 1979. Appeal from the Circuit Court, First Judicial […]
MATTER OF HERRERA, 393 N.W.2d 793 (1986)
In the Matter of the License Revocation of William Ray HERRERA. No. 15154.Supreme Court of South Dakota.Considered on Briefs March 18, 1986. Decided October 1, 1986. Appeal from the Circuit Court, Seventh Judicial Circuit, Pennington County, Marshall P. Young, J. Robert Mayer, Asst. Atty. Gen., Pierre, (Mark V. Meierhenry, Atty. Gen., Pierre, on the brief), […]
IN RE S.F., 764 N.W.2d 507 (S.D. 2009)
In re S.F. Nos. 25023, 25029.Supreme Court of South Dakota. March 12, 2009. Abstracts of Summary Dispositions Affirmed (JLB).
STATE OF SOUTH DAKOTA v. FOX, 72 S.D. 119 (1948)
31 N.W.2d 451 STATE OF SOUTH DAKOTA, Respondent, v. FOX, Appellant File No. 8941.Supreme Court of South Dakota. Opinion filed March 3, 1948. 1. Criminal Law. Assignments of error, not argued in appellant’s brief or presented in oral argument, are abandoned. 2. Rape. In rape prosecution, evidence was sufficient to show defendant’s accomplishment of sexual […]
VESELY v. CHARLES MIX COUNTY, 66 S.D. 570 (1939)
287 N.W. 51 VESELY, Respondent v. CHARLES MIX COUNTY, et al, Appellants File No. 8237.Supreme Court of South Dakota. Opinion filed July 15, 1939. 1. Eminent Domain. The constitutional provision that private property shall not be taken for public use, or damaged, without just compensation has reference to private property taken or damaged in exercise […]
STATE v. NILSON, 364 N.W.2d 532 (1985)
STATE of South Dakota, Plaintiff and Appellee, v. Lyle L. NILSON, Defendant and Appellant. No. 14528.Supreme Court of South Dakota. Considered on Briefs November 27, 1984. Decided March 13, 1985. Appeal from the Circuit Court, Sixth Judicial Circuit, Hughes County, James W. Anderson, J. Craig M. Eichstadt, Asst. Atty. Gen., Pierre, for plaintiff and appellee; […]
STATE v. PACHECO, 87 S.D. 530 (1973)
211 N.W.2d 571 STATE, Respondent v. PACHECO, Appellant File No. 11251.Supreme Court of South Dakota. Opinion filed October 24, 1973 Appeal from the Circuit Court of Minnehaha County; Hon. Wayne W. Christensen, Judge. Page 531 Michael A. Lyons, Sioux Falls, for defendant and appellant. Kermit A. Sande, Atty. Gen., Walter W. Andre, Asst. Atty. Gen., […]
WALLACE v. WAVERLY SCHOOL DIST., 63 S.D. 285 (1934)
258 N.W. 128 WALLACE, Respondent, v. WAVERLY INDEPENDENT CONSOLIDATED SCHOOL DISTRICT NO. 1, Appellant. File No. 7714.Supreme Court of South Dakota. Opinion filed December 17, 1934. Appeal from Circuit Court, Codington County; HON.W.N. SKINNER, Judge. A.H. Hasche, of Watertown, for Appellant. J.G. McFarland, of Watertown, for Respondent. PER CURIAM. Plaintiff and respondent brought this action […]
STATE v. LARSON, 2009 SD 107
776 N.W.2d 254 STATE of South Dakota, Plaintiff and Appellee v. Steven Carl LARSON, Defendant and Appellant. No. 25222.Supreme Court of South Dakota.Considered on Briefs October 5, 2009. Decided December 9, 2009. Appeal from the Circuit Court, Third Judicial Circuit, Moody County, Tim D. Tucker, J. Page 255 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES […]
STATE v. ROSA, 703 N.W.2d 672 (S.D. 2003)
STATE v. ROSA. No. 22889.Supreme Court of South Dakota. November 24, 2003. Abstract of summary disposition Affirmed (SLT).
BARBER v. GROSS, 74 S.D. 254 (1952)
51 N.W.2d 696 BARBER, Respondent, v. GROSS, Appellant File No. 9242.Supreme Court of South Dakota. Opinion filed February 4, 1952. Rehearing denied March 24, 1952. Appeal from Circuit Court of Beadle County; Hon. B.B. McClaskey, Judge. Page 255 Reversed. Fosheim Blue, Huron, for Defendant and Appellant. Temmey Luby, Huron, for Plaintiff and Respondent. LEEDOM, J. […]
SMITH v. GREEK, 328 N.W.2d 261 (1982)
James H. SMITH, Plaintiff and Appellant, v. Henry GREEK, Norman Konechne, and Earl Glodt, Defendants and Appellees. Thomas M. DIFFENBAUGH, V.E. Cates, and Thelma Cates, Defendants, Third Party Plaintiffs and Appellants, v. REYNOLDS CONSTRUCTION COMPANY, a Corporation, Third Party Defendant. Nos. 13747, 13748.Supreme Court of South Dakota.Considered on Briefs November 19, 1982. Decided December 28, […]
JOHANSEN v. JOHANSEN, 305 N.W.2d 383 (1981)
Ellen Ann JOHANSEN, Plaintiff and Appellee, v. Neal Duane JOHANSEN, Defendant and Appellant. No. 13027.Supreme Court of South Dakota.Considered on Briefs February 18, 1981. Decided May 6, 1981. Appeal from the Circuit Court, First Judicial Circuit, Clay County, Robert C. Ulrich, J. Page 384 Timothy P. Johnson, Vermillion, for plaintiff and appellee. Thomas M. Issenhuth […]
MATTER OF MALONE, 387 N.W.2d 547 (1986)
In the Matter of the Driver’s License Revocation of James A. MALONE No. 14947.Supreme Court of South Dakota.Considered on Briefs October 25, 1985. Decided May 21, 1986. Page 548 Appeal from the Seventh Judicial Circuit Court, Pennington County, Roland E. Grosshans, J. Sherri L. Sundem, Asst. Atty. Gen., Pierre, for appellant State; Mark V. Meierhenry, […]
PETTRY v. RAPID CITY AREA SCHOOL DISTRICT, 2001 SD 88
630 N.W.2d 705 ANN PETTRY, Plaintiff and Appellant, v. RAPID CITY AREA SCHOOL DISTRICT, LINDA HANSON and GERALD KAMMERER, Defendants and Appellees. No. 21669Supreme Court of South Dakota.Argued March 19, 2001. Opinion Filed July 3, 2001. Page 706 Appeal from the Circuit Court of the Seventh Judicial Circuit Pennington County, South Dakota Honorable Jeff W. […]
STATE v. TIEDEMAN, 262 N.W.2d 763 (1978)
STATE of South Dakota, Plaintiff and Respondent, v. Walter E. TIEDEMAN, Defendant and Appellant. No. 11915.Supreme Court of South Dakota.Argued March 23, 1977. Decided February 22, 1978. Appeal from the Circuit Court of the First Judicial Circuit, Clay County, Donald E. Erickson, J. Page 764 Doyle D. Estes, Asst. Atty. Gen., Pierre, for plaintiff and […]
STATE v. RAYMOND, 1997 SD 59
563 N.W.2d 823 STATE of South Dakota, Plaintiff and Appellee, v. Roger Allen RAYMOND, Defendant and Appellant. No. 19710.Supreme Court of South Dakota.Considered on Briefs March 27, 1997. Decided May 21, 1997. Appeal from the Circuit Court, Fifth Judicial Circuit, Brown County, Jack R. Von Wald, J. Page 824 Mark Barnett, Attorney General, Grant Gormley, […]
HUFFMAN v. BD. OF ED. OF MOBRIDGE IND. SCH. DIST., 265 N.W.2d 262 (1978)
Clarence HUFFMAN, Appellant, v. BOARD OF EDUCATION OF MOBRIDGE INDEPENDENT SCHOOL DISTRICT NO. 13, WALWORTH COUNTY, South Dakota, Respondent. No. 12068.Supreme Court of South Dakota. April 27, 1978. Appeal from the Circuit Court, Fifth Judicial Circuit, Walworth County, Leland J. Berndt, J. James Robbennolt, of Duncan, Olinger Srstka, Pierre, for appellant. Newell E. Krause, of […]
ELDRIDGE v. NORTHWEST G.F. MUTUAL INS. CO., 88 S.D. 426 (1974)
221 N.W.2d 16 ELDRIDGE, Plaintiff v. NORTHWEST G.F. MUTUAL INSURANCE COMPANY, Defendant File No. 11287.Supreme Court of South Dakota. Opinion filed August 28, 1974 Page 427 Appeal from the District County Court of Fall River County; Hon. Paul H. Russell, Judge. Roland E. Grosshans, Hot Springs, for plaintiff-respondent. Lakeman Krause, Mobridge, for defendant-appellant. WOLLMAN, Justice. […]
PIPER v. NEIGHBORHOOD YOUTH CORPS, 90 S.D. 443 (1976)
241 N.W.2d 868 PIPER, Respondent v. NEIGHBORHOOD YOUTH CORPS, Appellant File No. 11729.Supreme Court of South Dakota. Opinion filed May 13, 1976 Page 444 Appeal from the Circuit Court of Pennington County; Hon. Frank E. Henderson, Judge. Affirmed in part and reversed in part and remanded. Costello, Porter, Hill, Nelson, Heisterkamp Bushnell, Rapid City, for […]
CUTLER-CHRISTIANS v. CHRISTIANS, 2001 SD 104
633 N.W.2d 176 CONNIE KAY CUTLER-CHRISTIANS, Plaintiff and Appellee, v. MICHAEL ARLO CHRISTIANS, Defendant and Appellant. No. 21637Supreme Court of South Dakota.Argued March 20, 2001. Opinion Filed August 15, 2001. Appeal From the Circuit Court of The Third Judicial Circuit Codington County, South Dakota Honorable Ronald K. Roehr, Judge. Page 177 DAVID R. STRAIT of […]
SWANSON v. SANDERS, 75 S.D. 40 (1953)
58 N.W.2d 809 SWANSON, Respondent v. SANDERS, Appellant File No. 9304.Supreme Court of South Dakota. Opinion filed June 2, 1953. 1. Bills and Notes. A memorandum placed on back of a note at time of execution thereof with intention of making it a part of the note is as binding on the parties as if […]
WITTSTRUCK v. LEE, 62 S.D. 290 (1934)
252 N.W. 874 WITTSTRUCK, Respondent, v. LEE, Appellant. File No. 7347.Supreme Court of South Dakota. Opinion filed February 17, 1934. 1. Negligence. “Negligence” is absolute and consists in the failure to exercise degree of care which ordinarily reasonable man would use under circumstances. 2. Negligence. Except where last clear chance doctrine applies, plaintiff’s contributory negligence […]
CITY v. CLARKE, 288 N.W.2d 312 (1980)
CITY OF MADISON, a Political Subdivision, State of South Dakota, Plaintiff and Respondent, v. Dewayne CLARKE and Pat Clarke, a/k/a Patricia R. Clarke, Defendants and Appellants. No. 12643.Supreme Court of South Dakota.Argued October 15, 1979. Decided February 13, 1980. Appeal from the Circuit Court, Fourth Judicial Circuit, Lake County, George W. Wuest, J. Page 313 […]
STATE v. ANTELOPE, 740 N.W.2d 887 (S.D. 2007)
State v. Antelope. No. 24165.Supreme Court of South Dakota. September 4, 2007. Abstracts of Summary Dispositions Affirmed (BVA).
CITY OF SIOUX FALLS v. GRAFF, 71 S.D. 608 (1947)
28 N.W.2d 84 CITY OF SIOUX FALLS, Appellant, v. GRAFF, et al, Respondents (BREKKE, et al, Interveners) File No. 8884.Supreme Court of South Dakota. Opinion filed May 21, 1947. Appeal from Circuit Court, Minnehaha County; Hon. John T. Medin, Judge. Roy D. Burns, of Sioux Falls, for plaintiff and Appellant. Page 609 John R. McDowell, […]
N. CENTRAL INV. CO. v. VANDER VORSTE, 81 S.D. 340 (1965)
135 N.W.2d 23 NORTH CENTRAL INVESTMENT COMPANY et al., Respondents v. VANDER VORSTE, Appellant File No. 10095.Supreme Court of South Dakota. Opinion filed May 10, 1965 1. Pawnbrokers and Money Lenders. Fact that corporation which lent money to defendant was not licensed under Installment Repayment Small Loan and Consumer Finance Law did not of itself […]
TANK v. TANK, 272 N.W.2d 831 (1978)
Harriet TANK, Plaintiff and Respondent, v. Russell O. TANK, Defendant and Appellant. Nos. 12277, 12376.Supreme Court of South Dakota. December 28, 1978. Appeal from the Circuit Court, Fifth Judicial Circuit, Marshall County, Philo Hall, J. Page 832 Kent A. Moeckly, Britton, for plaintiff and respondent. Philip W. Morgan, Britton, for defendant and appellant. WOLLMAN, Chief […]
HIPP v. PRUDENTIAL CAS. SEC. CO., 60 S.D. 300 (1932)
244 N.W. 346 HIPP, Respondent, v. PRUDENTIAL CASUALTY SURETY COMPANY OF ST. LOUIS, MISSOURI, Appellant. File No. 7330.Supreme Court of South Dakota. Opinion filed October 4, 1932. 1. Insurance. Where, when indemnity policy issued insured was actually engaged in operation of bus line, insurer’s liability attached, notwithstanding insured was not licensed and railroad commissioners had […]
CITY OF ABERDEEN v. WELLMAN, 352 N.W.2d 204 (1984)
CITY OF ABERDEEN, Katherine Silvernail, Donald Thayer, Beverly Thayer and Bernadine Velasquez, Plaintiffs and Appellees, v. Allan WELLMAN and Arlene Wellman, Defendants and Appellants. No. 14249.Supreme Court of South Dakota.Considered on Briefs April 17, 1984. Decided July 25, 1984. Appeal from the Circuit Court, Fifth Judicial Circuit, Brown County, Philo Hall, J. Charles B. Kornmann, […]
BELL v. EAST RIVER ELEC. POWER CO-OP., INC., 535 N.W.2d 750 (1995)
Cheryl BELL, Special Administrator of the Estate of Randy Bell, Plaintiff and Appellant, v. EAST RIVER ELECTRIC POWER COOPERATIVE, INC., and City of Wessington Springs, South Dakota, Defendants and Appellees. No. 18903.Supreme Court of South Dakota.Considered on Briefs May 24, 1995. Decided July 26, 1995. Appeal from the Circuit Court, Fourth Judicial Circuit, Jerauld County, […]
WEBER v. SMITH, 69 S.D. 509 (1944)
12 N.W.2d 317 WEBER, Respondent, v. SMITH, Appellant File No. 8645.Supreme Court of South Dakota.Opinion filed December 16, 1943. Rehearing Denied March 6. 1944. 1. Landlord and Tenant — War. Maximum rent regulation does not purport to either extend or forbid termination of the contractual relations existing between landlords and tenants, but ignores such relations […]
ABSTRACTS OF SUMMARY DISPOSITIONS, 655 N.W.2d 716 (2003)
Supreme Court of South Dakota. FISCAL YEAR 2003 (Second 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 […]
SCHELL v. WALKER, 305 N.W.2d 920 (1981)
Monte D. SCHELL and Charlene L. Schell, Donald R. Thorson, Joan M. Thorson and Bertha M. Thorson et al., Plaintiffs and Appellants, v. Mildred WALKER, Treasurer of Pennington County, South Dakota, Defendant and Appellee. No. 13082.Supreme Court of South Dakota.Submitted on Briefs, February 17, 1981. Decided May 27, 1981. Appeal from the Circuit Court, Seventh […]
ESTATE OF FOUNTAIN v. SCHROEDER, 2001 SD 139
637 N.W.2d 27 THE ESTATE OF CHARLES A. FOUNTAIN, Plaintiff and Appellee, v. ELLEN (FOUNTAIN) SCHROEDER, Defendant and Appellant, No. 21859Supreme Court of South Dakota.Considered Briefs On October 1, 2001. Opinion Filed November 14, 2001. Appeal From The Circuit Court Of The Second Judicial Circuit Minnehaha County, South Dakota. The Honorable Glen A. Severson Judge. […]
HEIDEMANN v. WHEATON, 72 S.D. 375 (1948)
34 N.W.2d 492 HEIDEMANN, Respondent, v. WHEATON, et al., Appellants File No. 8930.Supreme Court of South Dakota. Opinion filed November 16, 1948. 1. Animals. A plaintiff is barred from recovery from owner by intentionally and unreasonably subjecting himself to risk that a wild animal will do harm to his person. 2. Animals. A person keeping […]
STATE v. COTTIER, 2008 SD 79
755 N.W.2d 120 STATE of South Dakota, Plaintiff and Appellee, v. James Albert COTTIER, Defendant and Appellant. No. 24411.Supreme Court of South Dakota.Argued April 24, 2008. Decided August 6, 2008. Appeal from the Circuit Court, Second Judicial Circuit, Minnehaha County, Joseph Neiles, J. Page 121 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN […]
ELLIS v. HERRICK SCHOOL DIST., 71 S.D. 7 (1945)
20 N.W.2d 516 ELLIS, Appellant, v. HERRICK IND. SCHOOL DISTRICT, NO. 36 OF GREGORY COUNTY Respondent File No. 8778.Supreme Court of South Dakota. Opinion filed November 10, 1945. 1. Schools and School Districts. The wrongful dismissal of a teacher is a breach of employment contract giving teacher a right of action for damages resulting therefrom […]
SAIZ v. HORN, 2003 SD 94
668 N.W.2d 332 CRAIG SAIZ and PATTY SAIZ, Plaintiffs and Appellants, v. ROD HORN, d/b/a HORN REAL ESTATE, Defendant and Appellee. No. 22570Supreme Court of South Dakota.Considered On Briefs On May 27, 2003 Opinion Filed August 6, 2003 Page 333 Appeal From The Circuit Court Of The Fourth Judicial Circuit Butte County, South Dakota. Honorable […]
NEWCOMER v. MOUNTAIN SPRINGS CO., 63 S.D. 81 (1934)
265 N.W. 359 NEWCOMER, et al, Respondents, v. MOUNTAIN SPRINGS ICE COLD STORAGE COMPANY, et al, Appellants. File No. 7622.Supreme Court of South Dakota. Opinion filed September 17, 1934. 1. Corporations. Directors are trustees, and must execute their trust, not for their own benefit, but for the common benefit of stockholders of the corporation. 2. […]
REGYNSKI v. STATE OF ARIZ., 414 N.W.2d 612 (1987)
Robert REGYNSKI, Appellee, v. STATE OF ARIZONA, ex rel. Donna REGYNSKI, Appellant. No. 15499.Supreme Court of South Dakota.Considered on Briefs April 24, 1987. Decided October 28, 1987. Appeal from the Circuit Court, Fourth Judicial Circuit, Sanborn County, Marshall Gerken, J. Page 613 Jeffrey D. Larson, Woonsocket, for appellee. Roger Tellinghuisen, Atty. Gen., and Janice Godtland, […]
STATE v. HIRSCH, 309 N.W.2d 832 (1981)
STATE of South Dakota, Plaintiff and Appellant, v. Roger HIRSCH, Defendant and Appellee. No. 13302.Supreme Court of South Dakota.Considered on Briefs May 27, 1981. Decided September 2, 1981. Appeal from the Circuit Court, Eighth Judicial Circuit, Perkins County, Leslie R. Hersrud, J. Page 833 Grant E. Gormley, Asst. Atty. Gen., Pierre, for plaintiff and appellant; […]
HOLT v. SCHREINER, 64 S.D. 619 (1936)
269 N.W. 484 HOLT, Appellant, v. SCHREINER, Respondent. File No. 7942.Supreme Court of South Dakota. Opinion filed November 9, 1936. Appeal and Error. Where Supreme Court had affirmed judgment of circuit court quieting title to realty as between mortgagee and mortgagor after normal time of redemption from mortgage sale of realty had expired, determination of […]
STATE v. GOODWIN, 2004 SD 75
681 N.W.2d 847 STATE OF SOUTH DAKOTA Plaintiff and Appellee, v. JAMES GOODWIN, Defendant and Appellant. No. 22574Supreme Court of South Dakota. Considered on Briefs on August 25, 2003 Reassigned December 1, 2003 Opinion Filed June 2, 2004 Appeal from the Circuit Court of the Seventh Judicial Circuit Pennington County, South Dakota, Honorable Thomas L. […]
MELSTAD v. KOVAC, 2006 SD 92
723 N.W.2d 699 Katherine MELSTAD, Plaintiff and Appellant, v. Harvey M. KOVAC and Raider Industries, Incorporated, Defendants and Appellees. No. 23891.Supreme Court of South Dakota.Argued August 29, 2006. Decided October 25, 2006. Rehearing Denied December 7, 2006. Appeal from the Circuit Court, First Judicial Circuit, Union County, Steven R. Jensen, J. Page 700 [EDITORS’ NOTE: […]
IN RE BERESFORD HOLDING CORP., 62 S.D. 238 (1934)
252 N.W. 635 In Re ADMINISTRATION OF BERESFORD HOLDING CORPORATION. Appeal of ONTJES. File No. 7593.Supreme Court of South Dakota. Opinion filed February 13, 1934. Banks and Banking. Cash bonus received by trustee administering trust fund for benefit of reorganized bank’s depositors held paid for purpose of having reorganized bank consolidate with another bank, and […]
RIVERS v. RIVERS, 322 N.W.2d 864 (1982)
Glenn E. RIVERS, Appellant, v. Faith Eileen RIVERS, Appellee. No. 13634.Supreme Court of South Dakota.Submitted on Briefs March 25, 1982. Decided August 11, 1982. Appeal from the Circuit Court, Second Judicial Circuit, Minnehaha County, Robert J. Patterson, J. Charles L. Dorothy of Dorothy, Craig, Palmer Harris, Sioux Falls, for appellant. Thomas H. Muilenberg, Sioux Falls, […]
KILBER v. FORAN, 764 N.W.2d 507 (S.D. 2009)
Kilber v. Foran. No. 24923.Supreme Court of South Dakota. January 20, 2009. Abstracts of Summary Dispositions Affirmed (DRG).
STATE v. NELSON, 272 N.W.2d 817 (1978)
STATE of South Dakota, Respondent, v. James Leroy NELSON, Petitioner and Appellant. No. 12428.Supreme Court of South Dakota.Argued November 15, 1978. Decided December 26, 1978. Appeal from the Circuit Court of the Seventh Judicial Circuit, Pennington County, Marshall Young, J. Page 818 Judith A. Atkinson, Asst. Atty. Gen., Pierre, for respondent; William J. Janklow, Atty. […]
CUSTER BD. ED. v. ST. COMM. EL. SEC. ED., 86 S.D. 215 (1972)
193 N.W.2d 586 CUSTER CO. BD. OF ED. et al., Respondents v. STATE COMMISSION ON ELEMENTARY SECONDARY EDUCATION et al., Appellants File No. 10890.Supreme Court of South Dakota. Opinion filed January 19, 1972 Page 216 Appeal from the circuit court of Custer County; Hon. J.H. Bottum, Judge. Bangs, McCullen, Butler, Foye Simmons, Rapid City, for […]
BECHEN v. MOODY COUNTY BD. OF COM’RS, 2005 SD 93
703 N.W.2d 662 John BECHEN and The Moody County Chapter of Dakota Rural Action, Petitioners and Appellants, v. MOODY COUNTY BOARD OF COMMISSIONERS, Alvin Gullickson, Martin May, Kenneth Doyle, Bill Nibbelink and Jean Larson, County Auditor, Respondents and Appellees, and Britannia Dairy, LLP and Rex Nederend Family Trust, Intervenors and Appellees. Nos. 23372, 23388.Supreme Court […]
STATE v. LUND, 722 N.W.2d 378 (S.D. 2006)
State v. Lund.[1] 23899.Supreme Court of South Dakota. September 05, 2006. [1] Rehearing Denied Oct. 11, 2006. Affirmed (TLT).
HUCK v. McCAIN FOODS, 479 N.W.2d 167 (1991)
Theresa HUCK, f/k/a Theresa Knoll, Charging Party and Appellant, v. McCAIN FOODS, Appellee. Nos. 17388, 17401.Supreme Court of South Dakota.Argued October 21, 1991. Decided December 31, 1991. Rehearing Denied February 6, 1992. Appeal from the Circuit Court, Third Judicial Circuit, Clark County, Robert L. Timm, J. Richard L. Johnson, Sioux Falls, for charging party and […]
GARLAND v. ROSSKNECHT, 2001 SD 42
624 N.W.2d 700 JAMES R. GARLAND, Plaintiff and Appellee, v. RALPH ROSSKNECHT, Defendant and Appellant. No. 21553Supreme Court of South Dakota.Considered on Briefs February 13, 2001. Opinion Filed March 28, 2001. Appeal from the Seventh Judicial Circuit, Pennington County, S.D. Hon. Merton B. Tice Jr., Judge, #21553 — Affirmed in part; Reversed in part Page […]
RIGGS v. SYROVATKA, 75 S.D. 338 (1954)
64 N.W.2d 297 RIGGS, Appellant v. SYROVATKA, Respondent File No. 9419.Supreme Court of South Dakota. Opinion filed May 8, 1954. 1. Appeal and Error — Trial. Court rule providing that before written instructions are given, opposing counsel must be given an opportunity to examine them as well as an opportunity to present and argue objections […]
STATE v. WILLIAMS, 2006 SD 11
710 N.W.2d 427 STATE of South Dakota, Plaintiff and Appellee, v. Gary Dean WILLIAMS, Defendant and Appellant. No. 23566.Supreme Court of South Dakota.Considered on Briefs January 9, 2006. Decided February 1, 2006. Appeal from the Circuit Court, Second Judicial Circuit, Minnehaha County, Peter H. Lieberman, J. Page 428 Lawrence E. Long, Attorney General, Craig M. […]
STATE v. LEE, 1997 SD 26
560 N.W.2d 552 STATE of South Dakota, Plaintiff and Appellee, v. Brian Ray LEE, Defendant and Appellant. No. 19441.Supreme Court of South Dakota.Considered on Briefs September 13, 1996. Decided March 12, 1997. Appeal from the Circuit Court, Second Judicial Circuit, Minnehaha County, Gene Paul Kean, J. Mark Barnett, Attorney General, Jeffrey P. Hallem, Assistant Attorney […]
KAARUP v. SCHMITZ, KALDA AND ASSOCIATES, 436 N.W.2d 845 (1989)
Darrell KAARUP and Carol Kaarup, Plaintiffs and Appellants, v. SCHMITZ, KALDA AND ASSOCIATES, Defendants and Appellees. No. 16031.Supreme Court of South Dakota.Argued August 31, 1988. Decided March 1, 1989. Appeal from the Second Judicial Circuit Court, Minnehaha County, Dale E. Bradshaw, J. Page 846 Rick Johnson of Johnson, Eklund Davis, Gregory, for plaintiffs and appellants. […]
STATE v. NACHTIGALL, 2007 SD 109
741 N.W.2d 216 STATE of South Dakota, Plaintiff and Appellee v. John H. NACHTIGALL, Defendant and Appellant. No. 24435.Supreme Court of South Dakota.Considered on Briefs August 27, 2007. Decided October 24, 2007. Appeal from the Circuit Court, Third Judicial Circuit, Brookings County, Vincent A. Foley, J. Page 217 Lawrence E. Long, Atty. Gen., Steven R. […]
IN RE S P RENTAL, 699 N.W.2d 52 (S.D. 2005)
In re S P Rental. No. 23389.Supreme Court of South Dakota. May 2, 2005. Summary disposition. Affirmed (JWD).
DUNKER ET AL. v. BROWN CO. BD. OF ED., 80 S.D. 193 (1963)
121 N.W.2d 10 DUNKER et al., Appellants v. BROWN COUNTY BOARD OF EDUCATION, Respondent File Nos. 10009, 10010.Supreme Court of South Dakota. Opinion filed April 15, 1963 Rehearing denied May 8, 1963 1. Constitutional Law — Schools and School Districts. Formation of school districts is entirely within power of the Legislature, and its actions in […]
STATE v. MEE, 67 S.D. 335 (1940)
292 N.W. 875 STATE, Respondent, v. MEE, Appellant File No. 8305.Supreme Court of South Dakota.Opinion filed June 21, 1940. Rehearing Granted September 21, 1940. (See 67 S.D. 589, 297 N.W. 40.) 1. Criminal Law. The statute authorizing court to permit a plea of guilty to be withdrawn any time before judgment and a plea of […]
FELTROP v. S.D. DEPT. OF SOCIAL SERVICES, 1997 SD 13
559 N.W.2d 883 Beverly FELTROP, Appellant, v. SOUTH DAKOTA DEPARTMENT OF SOCIAL SERVICES, Appellee. No. 19669.Supreme Court of South Dakota.Considered on Briefs January 16, 1997. Decided February 19, 1997. Appeal from the Seventh Judicial Circuit Court, Custer County, John E. Fitzgerald, Jr., J. Todd A. Schweiger, Rapid City, for appellant. Mark W. Barnett, Attorney General, […]
BECK v. LAPSLEY, 1999 SD 49
593 N.W.2d 410 MERRILL C. BECK, Ronda S. Beck, Donald C. Beck and Joanne Beck, Plaintiffs and Appellees, v. R.L. LAPSLEY, Elinor O. Lapsley, Gregory L. Lapsley, as Trustee of the Elinor O. Lapsley Irrevocable Trust, Defendants and Appellants. Supreme Court of South Dakota.Considered on Briefs February 24, 1999; Opinion Filed April 14, 1999. Page […]
STATE v. RUHAAK, 59 S.D. 636 (1932)
241 N.W. 793 STATE, Appellant, v. RUHAAK, Respondent. File No. 7331.Supreme Court of South Dakota. Opinion filed March 29, 1932. 1. Criminal law. Order granting new trial should be sustained, if right on any ground presented and urged therefor in trial court. 2. Criminal Law. Plainer showing of abuse of discretion is required to justify […]
WAGNER v. CITY OF SIOUX FALLS, 71 S.D. 587 (1947)
27 N.W.2d 916 C.A. WAGNER CONSTRUCTION COMPANY, Respondent, v. CITY OF SIOUX FALLS, et al, Appellants File No. 8895.Supreme Court of South Dakota.Opinion filed May 31, 1947. Rehearing Denied August 29, 1947. 1. Municipal Corporations — Taxation. “Taxes” are impositions for purposes of general revenue, while “assessments” are those special and local impositions upon property […]
APPEALS OF CHICAGO N.W. RAILWAY CO., 85 S.D. 613 (1971)
188 N.W.2d 276 APPEALS OF CHICAGO NORTHWESTERN RAILWAY CO. File No. 10852.Supreme Court of South Dakota. Opinion filed June 16, 1971 Rehearing denied July 27, 1971 1. Taxation. Railroad operating property is not in separate class either as to factor to be used in arriving at its taxable value or as to rate of tax […]
THOMAS v. THOMAS, 694 N.W.2d 721 (S.D. 2004)
THOMAS v. THOMAS. No. 23158, 23188.Supreme Court of South Dakota. October 12, 2004. Affirmed (LSW).
STATE v. WALLER, 338 N.W.2d 288 (1983)
STATE of South Dakota, Plaintiff and Appellee, v. Aaron B. WALLER, Defendant and Appellant. No. 13951.Supreme Court of South Dakota.Argued May 23, 1983. Decided September 14, 1983. Appeal from the Circuit Court, Second Judicial Circuit, Minnehaha County, Richard D. Hurd, J. Page 289 Richard Dale, Asst. Atty. Gen., Mark V. Meierhenry, Atty. Gen., on brief, […]
DENKE v. MAMOLA, 437 N.W.2d 205 (1989)
Erhart E. DENKE, Plaintiff-Appellant, v. Leonard MAMOLA, Defendant-Appellee. Nos. 16108, 16127.Supreme Court of South Dakota.Considered on Briefs November 28, 1988. Decided March 8, 1989. Appeal from the Circuit Court, Seventh Judicial Circuit, Pennington County, Merton B. Tice, Jr., J. Page 206 Verne Thorstenson of Thorstenson Law Firm, Rapid City, for plaintiff and appellant. Frank A. […]
COMMER. SERV. CORP. v. STRATTON, 69 S.D. 70 (1942)
6 N.W.2d 441 COMMERCIAL SERVICE CORP., Appellant, v. STRATTON, Respondent File No. 8550.Supreme Court of South Dakota. Opinion filed November 28, 1942. 1. Limitation of Actions. A note may bear a seal, and notes bearing the word seal in brackets immediately following the line on which appeared the maker’s signature were “sealed instruments” and subject […]