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 […]
Category: South Dakota Supreme Court Opinions
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 The statute authorizing court to permit a plea of guilty to be withdrawn any time before judgment and a plea of […]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 […]
STATE v. HALL, 272 N.W.2d 308 (1978)
STATE of South Dakota, Plaintiff and Respondent, v. Daniel HALL, Defendant and Appellant. No. 12088.Supreme Court of South Dakota. December 7, 1978. Appeal from the Circuit Court, Sixth Judicial Circuit, Stanley County, Robert A. Miller, J. Page 309 Judith A. Atkinson, Asst. Atty. Gen., Pierre, for plaintiff and respondent; William J. Janklow, Atty. Gen., Pierre, […]
PAWLOVICH v. LINKE, 2004 SD 109
688 N.W.2d 218 Sally PAWLOVICH, Plaintiff and Appellant, v. Donna LINKE, Defendant and Appellee. Nos. 23024, 23033.Supreme Court of South Dakota.Considered on Briefs June 1, 2004. Decided October 6, 2004. Appeal from the Circuit Court, Third Judicial Circuit, Beadle County, Jon R. Erickson, J. Page 219 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT […]
STATE v. SHAPE, 517 N.W.2d 650 (1994)
STATE of South Dakota, Plaintiff and Appellee, v. Raymond J. SHAPE, and Dan C. Rindal, Defendants and Appellants. Nos. 18125, 18126.Supreme Court of South Dakota.Argued October 6, 1993. Decided June 8, 1994. Appeal from the Circuit Court, Yankton County, Jay H. Tapken, J. Page 651 Mark Barnett, Atty. Gen., Thomas J. Welk, Sp. Asst. Atty. […]
MILLIMAN v. MILLIMAN, 799 N.W.2d 420 (S.D. 2011)
Milliman v. Milliman. No. 25832.Supreme Court of South Dakota. May 31, 2011. Abstracts Of Summary Dispositions Affirmed (TDT).
WESTRE v. DE BUHR SINCLAIR REF. CO., 82 S.D. 276 (1966)
144 N.W.2d 734 WESTRE, Respondent v. DE BUHR and Sinclair Refining Company, Appellant File No. 10270.Supreme Court of South Dakota. Opinion filed August 18, 1966 1. Master and Servant. Lease agreement between tenant and oil company, which provided for minimum rental payments, that rental payments Page 277 were to be computed on business volume, that […]
REAR v. WEBER, 703 N.W.2d 370 (S.D. 2002)
REAR v. WEBER. No. 22294.Supreme Court of South Dakota. September 3, 2002. Affirmed (JWB).
SAXTON v. SANBORN COUNTY, 76 S.D. 169 (1956)
74 N.W.2d 843 SAXTON et al., Appellants v. SANBORN COUNTY, et al., Respondents File No. 9530.Supreme Court of South Dakota. Opinion filed February 15, 1956. Appeal from Circuit Court, Beadle County; Hon. Charles S. Hanson, Judge. Action to recover from county and sheriff for medical care rendered a prisoner who was taken ill while performing […]
HOLT v. MAHONEY, 60 S.D. 158 (1932)
244 N.W. 98 HOLT, Respondent, v. MAHONEY, et al, Appellants. File No. 7315.Supreme Court of South Dakota. Opinion filed August 30, 1932. 1. Chattel Mortgages. Chattel mortgages valid under laws of state where executed held valid in South Dakota, notwithstanding omission of receipt overname of mortgagor (Rev. Code 1919, §§ 1578, 1579). Chattel mortgages executed […]
HANKS v. CORSON COUNTY, 744 N.W.2d 77 (S.D. 2007)
Hanks v. Corson County. No. 24535.Supreme Court of South Dakota. November 13, 2007. Abstracts of Summary dispositions Affirmed (WGJ).
FIRST NAT. BANK v. STATE, 2008 SD 12
745 N.W.2d 674 FIRST NATIONAL BANK OF FT. PIERRE, Intervenor and Appellant, v. SOUTH DAKOTA STATE BANKING COMMISSION, Department of Commerce and Regulation, Division of Banking, and First Western Bank Sturgis, Appellee. No. 24291.Supreme Court of South Dakota.Argued October 3, 2007. Decided February 13, 2008. Appeal from the Circuit Court, Sixth Judicial Circuit, Hughes County, […]
CITY OF FREEMAN v. SALIS, 2001 SD 84
630 N.W.2d 699 CITY OF FREEMAN, A MUNICIPAL CORPORATION UNDER THE LAWS OF THE STATE OF SOUTH DAKOTA, Plaintiff and Appellant, v. RICHARD A. SALIS and BARBARA L. SALIS, Defendants and Appellees, Nos. 21640, 21738Supreme Court of South Dakota.Argued May 30, 2001. Opinion Filed June 27, 2001. Appeal from the Circuit Court of the First […]
MEDIN v. BROOKFIELD, 66 S.D. 209 (1938)
281 N.W. 97 MEDIN, Respondent, v. BROOKFIELD, et al, Appellants File No. 8107.Supreme Court of South Dakota. Opinion filed August 10, 1938. 1. Mortgages. The cancellation of a mortgage on the record is not conclusive as to its discharge or as to the payment of the indebtedness secured thereby. 2. Mortgages. Where mortgagee consented to […]
SKOGLUND v. STAAB, 312 N.W.2d 29 (1981)
Alden SKOGLUND and Delores Skoglund, Plaintiffs and Appellees, v. Vernnena STAAB, Defendant and Appellant. No. 13261.Supreme Court of South Dakota.Considered On Briefs August 11, 1981. Decided November 4, 1981. Appeal from the Circuit Court, Fourth Judicial Circuit, Miner County, Thomas L. Anderst, J. Page 30 E. Steeves Smith of Tinan, Padrnos, Smith Saukerson, Mitchell, for […]
KEITH v. WEBER, 707 N.W.2d 130 (S.D. 2005)
Keith v. Weber. No. 23600.Supreme Court of South Dakota. October 12, 2005. Affirmed (WJS).
STATE v. LEWIS, 2005 SD 111
706 N.W.2d 252 STATE of South Dakota, Plaintiff and Appellee, v. John Stevenson LEWIS, Defendant and Appellant. No. 23480.Supreme Court of South Dakota.Considered on Briefs on October 3, 2005. Decided November 9, 2005. Appeal from the Circuit Court, Second Judicial Circuit, Minnehaha County, Gene Paul Kean, J. Page 253 Lawrence E. Long, Attorney General, Sherri […]
STATE v. BLACKBURN, 793 N.W.2d 207 (S.D. 2010)
State v. Blackburn. No. 25436.Supreme Court of South Dakota. October 20, 2010. Abstracts of Summary Dispositions Affirmed (TLT)
WENTZEL v. HUEBNER, 78 S.D. 481 (1960)
104 N.W.2d 695 WENTZEL, Respondent v. HUEBNER, Appellant File No. 9814.Supreme Court of South Dakota. Opinion filed September 2, 1960 Page 482 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 483 Appeal from Circuit Court, Pennington County; Hon. Thomas W. Parker, Judge. […]
UTSLER v. STATE, 84 S.D. 360 (1969)
171 N.W.2d 739 UTSLER, Appellant v. STATE, Respondent File No. 10688.Supreme Court of South Dakota. Opinion filed October 30, 1969 Page 361 Appeal from Circuit Court, Minnehaha County; Hon. Andrew W. Bugue, Judge. Page 362 Affirmed. Richard Braithwaite, Sioux Falls, for appellant. Gordon Mydland, Atty. Gen., Walter W. Andre, Asst. Atty. Gen., Pierre, for respondent. […]
CROWLEY v. TEXACO, INC., 306 N.W.2d 871 (1981)
Marshall O. CROWLEY and Maurine Patterson, Plaintiffs and Appellees, v. TEXACO, INC., Defendant and Appellant. No. 13243.Supreme Court of South Dakota.Argued March 23, 1981. Decided June 10, 1981. Rehearing Denied July 10, 1981. Appeal from the Circuit Court, Third Judicial Circuit, Brookings County, Gordon J. Mydland, J. George S. Mickelson of McCann, Martin Mickelson, P.C., […]
STATE v. KOEHN, 2001 SD 144
637 N.W.2d 723 STATE OF SOUTH DAKOTA, Plaintiff and Appellee, v. MICHAEL KOEHN, Defendant and Appellant. No. 21659Supreme Court of South Dakota.Argued April 25, 2001. Reassigned August 24, 2001. Opinion Filed December 12, 2001. Appeal From The Circuit Court Of The Seventh Judicial Circuit Fall River County, South Dakota. The Honorable Warren G. Johnson Judge. […]
STATE v. COCHRANE, 84 S.D. 527 (1970)
173 N.W.2d 495 STATE, Respondent v. COCHRANE, Appellant File No. 10616.Supreme Court of South Dakota. Opinion filed January 14, 1970 Page 528 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 529 Appeal from Circuit Court, Brookings County; Hon. R.F. Manson, Judge. Reversed […]
STATE v. ASCHMELLER, 87 S.D. 367 (1973)
209 N.W.2d 369 STATE, Respondent v. ASCHMELLER, Appellant File No. 10996.Supreme Court of South Dakota. Opinion filed July 12, 1973 Page 368 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 369 Appeal from the Circuit Court of Minnehaha County; Hon. Roy D. […]
LARIMORE v. DOBBS, 74 S.D. 635 (1953)
57 N.W.2d 750 LARIMORE, Appellant, v. DOBBS, Respondent File No. 9335.Supreme Court of South Dakota. Opinion filed April 2, 1953. Page 636 Appeal from Circuit Court of Moody County; Hon. Roy D. Burns, Judge. Judgment affirmed. T.R. Johnson, Sioux Falls, for Plaintiff and Appellant. Davenport, Evans, Hurwitz Smith, Sioux Falls, for Defendant and Respondent. LEEDOM, […]
OUR OWN HARDWARE CO. v. K-MAC, INC., 318 N.W.2d 321 (1982)
OUR OWN HARDWARE COMPANY, A Minnesota Corporation, Plaintiff and Appellee, v. K-MAC, INC., A South Dakota Corporation, and Everett MacKaben, Defendants and Appellants. No. 13558.Supreme Court of South Dakota.Submitted On Briefs March 25, 1982. Decided April 21, 1982. Appeal from the Circuit Court, Eighth Judicial Circuit, Lawrence County, Scott C. Moses, J. Page 322 Jon […]
MEE v. CIRCUIT COURT, 61 S.D. 240 (1933)
248 N.W. 198 In re VASGAARD’S ESTATE. MEE, et al, Petitioners, v. THE CIRCUIT COURT OF MINNEHAHA COUNTY, Respondent. File No. 7531.Supreme Court of South Dakota. Opinion filed April 24, 1933. 1. Courts. Notice of appeal from county court given in good faith confers jurisdiction on circuit court, so that any omission through mistake may […]
SPISKA v. THERMO-SHIELD, 2007 SD 31
730 N.W.2d 638 SPISKA ENGINEERING, INC., Plaintiff and Appellee, v. SPM THERMO-SHIELD, INC., Defendant and Appellant. No. 24229.Supreme Court of South Dakota.Argued February 14, 2007. Decided March 28, 2007. Appeal from the Circuit Court, Seventh Judicial Circuit, Pennington County, Merton B. Tice, J. Page 639 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN […]
STATE v. WIDVEY, 757 N.W.2d 328 (S.D. 2008)
State v. Widvey. No. 24699.Supreme Court of South Dakota. September 2, 2008. Abstracts of Summary Dispositions Affirmed in part/reversed in part (JWA).
LEISINGER v. JACOBSON, 694 N.W.2d 722 (S.D. 2004)
LEISINGER v. JACOBSON. No. 23287.Supreme Court of South Dakota. November 22, 2004. Affirmed (GAS).
MICHAEL v. MICHAEL, 287 N.W.2d 98 (1980)
Darlene L. MICHAEL, Plaintiff and Respondent, v. Jerome H. MICHAEL, Defendant and Appellant. No. 12365.Supreme Court of South Dakota.Argued January 24, 1979. Decided January 16, 1980. Appeal from the Circuit Court, Second Judicial Circuit, Minnehaha County, William H. Heuermann, J. Duane C. Anderson of Christopherson, Bailin Anderson, Sioux Falls, for plaintiff and respondent. John E. […]
STATE v. HOUGHTON, 75 S.D. 207 (1954)
62 N.W.2d 342 STATE, Respondent v. HOUGHTON, Appellant File No. 9342.Supreme Court of South Dakota. Opinion filed February 3, 1954. 1. Criminal Law. The thief who steals property which defendant is charged with having received with knowledge of its character as being stolen is not an accomplice of the defendant as receiver of the stolen […]
STATE v. SIELER, 1996 SD 114
554 N.W.2d 477 STATE of South Dakota, Plaintiff and Appellee, v. Ricky Jay SIELER, Defendant and Appellant. No. 19150.Supreme Court of South Dakota.Argued March 12, 1996. Decided September 4, 1996. Rehearing Denied October 9, 1996. Appeal from the Circuit Court, Second Judicial Circuit, Minnehaha County, R.D. Hurd, J. Page 478 Mark Barnett, Attorney General, Jason […]
DAVIS v. THE STATE OF SOUTH DAKOTA, 2011 SD 51
MARK DAVIS and BONNIE DAVIS, as individuals and as parents and natural guardians of CHARLIE DAVIS, CARL DAVIS, JOEY DAVIS, and SELENA DAVIS; KAY EBEN, as an individual and as parent and natural guardian of GRACE EBEN and KENDRA EBEN; DAN GRANT and JANE GRANT, as individuals and as parents and natural guardians of DYLAN […]
STATE v. KILMER, 764 N.W.2d 507 (S.D. 2009)
State v. Kilmer. No. 24716.Supreme Court of South Dakota. January 20, 2009. Abstracts of Summary Dispositions Affirmed (TLT).
NORTHERN IMP. CO. v. S.D. ST. H.’WAY COMM., ET AL., 87 S.D. 71 (1972)
202 N.W.2d 861 NORTHERN IMP. CO., INC., Appellant v. S.D. STATE HIGHWAY COMMISSION, et al., Respondents File No. 11090.Supreme Court of South Dakota. Opinion filed December 12, 1972 Order denying petition for rehearing 1-17-73 Appeal from Circuit Court of Codington County; Hon. R.F. Manson, Judge. Ronald G. Schmidt, Pierre, for plaintiff and appellant. Page 72 […]
FARMERS MERCHANTS ST. BANK v. MANN, 87 S.D. 90 (1973)
203 N.W.2d 173 FARMERS MERCHANTS STATE BANK, Respondent v. MANN, Appellant File No. 11050.Supreme Court of South Dakota. Opinion filed January 4, 1973 Page 91 Appeal from the Circuit Court of Day County; Hon. Philo Hall, Judge. George N. Manolis, of Churchill, Sauer Manolis, Huron, for plaintiff and respondent. Gunderson, Farrar, Aldrich, Warder, DeMersseman Wilkins, […]
MATTER OF ESTATE OF GOSSMAN, 1996 SD 124
555 N.W.2d 102 In the Matter of the ESTATE OF Nellie F. GOSSMAN, Deceased. No. 19519.Supreme Court of South Dakota.Considered on Briefs September 12, 1996. Decided October 16, 1996. Appeal from the Eighth Judicial Circuit Court, Perkins County, Scott C. Moses, J. Page 103 Mark Barnett, Attorney General, Philip R. Manson, Special Assistant Attorney General, […]
FARMERS AND MERCHANTS BANK ETC. v. KSENYCH, 252 N.W.2d 220 (1977)
FARMERS AND MERCHANTS BANK AND TRUST OF WATERTOWN, Plaintiff and Appellant, v. Nick KSENYCH, Defendant and Respondent. No. 11751.Supreme Court of South Dakota.Argued April 27, 1976. Reassigned January 6, 1977. Decided April 1, 1977. Appeal from the Codington County Circuit Court, Third Judicial Circuit, Gordon Mydland, J. Austin, Hinderaker Hackett, Watertown, for plaintiff and appellant. […]
STATE v. LAMONT, 2001 SD 92
631 N.W.2d 603 STATE OF SOUTH DAKOTA, Plaintiff and Appellee, v. JERRY A. LAMONT, Defendant and Appellant. No. 21189Supreme Court of South Dakota.Argued October 24, 2000. Opinion Filed July 11, 2001. Appeal from the Circuit Court of the Seventh Judicial Circuit Pennington County, South Dakota Honorable Merton B. Tice, Jr. Judge. Page 604 [EDITORS’ NOTE: […]
RAPID CITY AREA SCH. v. PENNINGTON CTY. AUDITOR, 284 N.W.2d 308 (1979)
RAPID CITY AREA SCHOOL DISTRICT NO. 51-4, Petitioner, v. PENNINGTON COUNTY AUDITOR, Helen Daughenbaugh, Pennington County Board of Equalization, and Warner Hickey, Neil Van Sickle, Lloyd St. Pierre, Leo Hamm, Lloyd Rypkema, and Helen Daughenbaugh, Individually and as Members constituting the Pennington County Board of Equalization, Respondents. No. 12897.Supreme Court of South Dakota.Argued September 13, […]
STERN v. WESNER, 395 N.W.2d 585 (1986)
Wesley STERN and Sylvia Stern, Plaintiffs and Appellants, v. Enid WESNER, Gerharter Realtors, Better Homes Gardens, Vernon Gerharter, Norbert Schlecht and Bernie Kopecky, Defendants and Appellees. No. 15015.Supreme Court of South Dakota.Argued February 11, 1986. Decided October 22, 1986. Appeal from the Circuit Court, Fifth Judicial Circuit, Brown County, Leland J. Berndt, J. Thomas A. […]
SCHIMKE v. KARLSTAD ET AL., 87 S.D. 349 (1973)
208 N.W.2d 710 SCHIMKE, Appellant v. KARLSTAD et al., Respondents File No. 11240.Supreme Court of South Dakota. Opinion filed June 26, 1973 Page 350 Appeal from the Circuit Court of Minnehaha County; Hon. Roy D. Burns, judge. Gene E. Pruitt, Willy, Pruitt, Matthews Jorgensen, Sioux Falls, for plaintiff and appellant. Claude A. Hamilton, Blaine Simons, […]
WISE v. BROOKS CONST. SERVICES, 2006 SD 80
721 N.W.2d 461 DANNY D. WISE, Claimant, Appellee, Cross-Appellant and Appellant, v. BROOKS CONSTRUCTION SERVICES and Acuity, A Mutual Insurance Company, Employer, Insurer, Appellants, Cross-Appellees and Appellees. Nos. 23938, 23943.Supreme Court of South Dakota.Argued May 23, 2006. Decided August 23, 2006. Appeal from the Second Judicial Circuit Court, Minnehaha County, Kathleen Caldwell, J. Page 462 […]
IN RE E.L. AND R.L., 2005 SD 124
707 N.W.2d 841 In the Interests of E.L. and R.L., Minor Children, and A.L. and M.L., Respondents. No. 23574.Supreme Court of South Dakota. Considered on Briefs November 7, 2005. Decided December 21, 2005. Appeal from the Circuit Court, First Judicial District, Davison County, Lee D. Anderson, J. Page 842 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. […]
BASIN ELEC. POWER CO-OP., INC. v. CUTLER, 254 N.W.2d 143 (1977)
BASIN ELECTRIC POWER COOPERATIVE, INC., a Corporation, Plaintiff and Appellant, v. Dale L. CUTLER, Kathleen Cutler, 1st National Bank of Aberdeen, Northwestern Mutual Life Insurance Company, Cory Investment Company, Inc., Dan Cutler, and Brown County, a Public Corporation, and the sovereign State of South Dakota, Defendants and Respondents. No. 11689.Supreme Court of South Dakota.Reassigned January […]
GMS, INC. v. DEADWOOD SOCIAL CLUB, INC., 333 N.W.2d 442 (1983)
GMS, INC., A South Dakota Corporation, Plaintiff and Appellant, v. DEADWOOD SOCIAL CLUB, INC., A South Dakota Corporation, Defendant and Appellee. No. 13796.Supreme Court of South Dakota.Considered on Briefs January 18, 1983. Decided May 4, 1983. Appeal from the Circuit Court of the Eighth Judicial Circuit, Lawrence County, Robert L. Tschetter, J. Raymond J. Voelker, […]
WILLIAMS v. BD. OF PARDONS, 2007 SD 61
736 N.W.2d 499 Michael W. WILLIAMS, Appellee, v. SOUTH DAKOTA BOARD OF PARDONS AND PAROLES, Appellant. No. 24243.Supreme Court of South Dakota.Considered on Briefs March 19, 2007. Decided June 27, 2007. Appeal from the Circuit Court, First Judicial Circuit, Charles Mix County, Bruce V. Anderson, J. Page 500 Lawrence E. Long, Attorney General, Frank Geaghan, […]
ST. AUTO U’WRITERS v. RUOTSALAINEN, 81 S.D. 472 (1965)
136 N.W.2d 884 STATE AUTOMOBILE CASUALTY UNDERWRITERS, Appellant v. RUOTSALAINEN et al., Respondents File No. 10155.Supreme Court of South Dakota. Opinion filed September 15, 1965 Rehearing denied November 12, 1965 1. Insurance. Estoppel and waiver are available to broaden the coverage afforded by insurance policy, provided facts on which estoppel or waiver is based are […]
IN RE BETHKE’S ESTATE, 68 S.D. 387 (1942)
2 N.W.2d 686 In Re BETHKE’S ESTATE File No. 8486.Supreme Court of South Dakota. Opinion filed March 4, 1942. 1. Executors and Administrators. Where friend of decedent, who was unable to read or write, without written authority from decedent indorsed for decedent certificates of deposit and deposited them to decedent’s account in bank, decedent’s credit […]
CRAGOE v. STEEN, 804 N.W.2d 78 (S.D. 2011)
Cragoe v. Steen. Nos. 25587, 25596.Supreme Court of South Dakota. August 29, 2011. Abstracts of Summary Dispositions Affirmed (TDT).
MASH v. CUTLER, 488 N.W.2d 642 (1992)
Nathan MASH, Plaintiff and Appellee, v. Dale CUTLER and Dan Cutler, Defendants and Appellants. Nos. 17604, 17609.Supreme Court of South Dakota.Argued March 16, 1992. Decided June 24, 1992. Appeal from the Circuit Court, Fifth Judicial Circuit, Brown County, David Gilbertson, J. Page 643 Kennith L. Gosch of Bantz, Gosch, Cremer, Peterson Oliver, Aberdeen, for plaintiff […]
THE HOME LBR. CO. v. HECKEL, 67 S.D. 429 (1940)
293 N.W. 549 THE HOME LUMBER COMPANY, A Corporation, Appellant, v. HECKEL, et al, Respondents File No. 8330.Supreme Court of South Dakota. Opinion filed August 16, 1940. 1. Homestead — Mechanics’ Liens. Where husband and wife intended that new house which was built upon certain premises should be their home and it was immediately occupied […]
WRIGHT v. WRIGHT, 427 N.W.2d 372 (1988)
James E. WRIGHT, Plaintiff and Appellee, v. Phyllis M. WRIGHT, Defendant and Appellant. No. 15973.Supreme Court of South Dakota.Considered on Briefs April 26, 1988. Decided August 10, 1988. Rehearing Denied September 13, 1988. Appeal from the Circuit Court, Eighth Judicial Circuit, Lawrence County, Scott C. Moses, J. John H. Shepard of Morman, Smit, Shepard Hughes, […]
GEDNALSKI v. DELL RAPIDS QUARRY, 70 S.D. 616 (1945)
20 N.W.2d 226 GEDNALSKI, Respondent, v. DELL RAPIDS QUARRY COMPANY, Appellant File No. 8797.Supreme Court of South Dakota.Opinion filed October 10, 1945. Rehearing Denied November 8, 1945. Appeal and Error. A judgment was not reviewable on ground of insufficiency of evidence to sustain verdict and judgment and amount of damages awarded where appellant did not […]
MAGBUHAT v. KOVARIK, 382 N.W.2d 43 (1986)
John MAGBUHAT and Sandra Magbuhat Special Representatives of the Deceased Minor Child, and John Magbuhat and Sandra Magbuhat, Individually, Plaintiffs and Appellants. v. Richard A. KOVARIK, M.D., Norman D. Neu, M.D., and Rapid City Regional Hospital, Inc., Defendants and Appellees. No. 14700.Supreme Court of South Dakota.Argued October 21, 1985. Decided February 19, 1986. Rehearing Denied […]
IN RE JANKLOW, 2000 SD 106
615 N.W.2d 618 IN RE REQUEST OF GOVERNOR WILLIAM J. JANKLOW FOR AN ADVISORY OPINION CONCERNING THE FURTHER INTERPRETATION OF SOUTH DAKOTA CONSTITUTION ARTICLE IV, SECTION 4 No. 21535Supreme Court of South Dakota.Request Received May 30, 2000. Opinion Filed August 9, 2000. Page 619 TO HIS EXCELLENCY, WILLIAM J. JANKLOW, THE GOVERNOR OF THE STATEOF […]
RINGGENBERG v. WILMSMEYER, 253 N.W.2d 197 (1977)
Allen RINGGENBERG, d/b/a Ringgenberg Electric, Plaintiff, v. Melvin S. WILMSMEYER et al., Defendants, George E. Tarver Marjorie S. Tarver, Defendants, Appellants and Cross-Respondents, Versa-Tech et al., Defendants, Respondents and Cross-Appellants. Nos. 11769, 11855.Supreme Court of South Dakota.Argued November 19, 1976. Decided April 29, 1977. Appeal from the Circuit Court, Fifth Judicial Circuit, Brown County, Eugene […]
FINGER v. NORTHWEST PROPERTIES, 63 S.D. 176 (1934)
257 N.W. 121 FINGER, Appellant, v. NORTHWEST PROPERTIES, INC., et al, Respondents. File No. 7694.Supreme Court of South Dakota. Opinion filed November 8, 1934. 1. Partnership. Landowner, in charge of sheep, who divided profits on percentage basis with sheep owner both as to wool and sheep, held “partner” of sheep owner so as to be […]
PESKA CONST. v. MIERAU, 694 N.W.2d 877 (S.D. 2005)
PESKA CONST. v. MIERAU. No. 23164.Supreme Court of South Dakota. January 18, 2005. Affirmed (KKC).
STATE v. MILLER, 705 N.W.2d 266 (S.D. 2005)
STATE v. MILLER. No. 23539.Supreme Court of South Dakota. September 6, 2005. Affirmed (APF).
SOLLID v. PENNINGTON COUNTY HOUSING AUTHORITY, 309 N.W.2d 814 (1981)
Joseph SOLLID, Plaintiff and Appellant, v. PENNINGTON COUNTY HOUSING AUTHORITY, Defendant and Appellee. No. 13220.Supreme Court of South Dakota.Considered on Briefs April 21, 1981. Decided August 26, 1981. Appeal from the Circuit Court, Seventh Judicial Circuit, Pennington County, Merton B. Tice, Jr., J. Joseph Sollid, pro se. J. Crisman Palmer of Gunderson Palmer, Rapid City, […]
ROBINSON v. HUMAN RELATIONS COM’N, 416 N.W.2d 864 (1987)
Eugene R. ROBINSON, Plaintiff and Appellee, v. HUMAN RELATIONS COMMISSION OF the CITY OF SIOUX FALLS, South Dakota, a Municipal Corporation, and the Public Hearing Panel Thereof in the Matter of Brenda PFister vs. Eugene R. Robinson, Said Public Hearing Panel Consisting of Carol Knudtson-Eddy, Chairperson, and Betty Ordal and Dennis Studer, Defendants and Appellants. […]
WANGSNESS v. ALDINGER, 1999 SD 103
598 N.W.2d 221 SYLVIA JOANN WANGSNESS as Special Administratrix of the Estate of DeWayne E. Wangsness, Deceased, Plaintiff and Appellant, v. BOBBY ALAN ALDINGER Defendant, and Allstate Insurance Company, Defendant and Appellee. Supreme Court of South Dakota.Argued February 24, 1999. Opinion Filed July 28, 1999. Page 222 Appeal from the Fifth Judicial Circuit, Walworth County, […]
STATE v. STANGA, 2000 SD 129
617 N.W.2d 486 STATE OF SOUTH DAKOTA, Plaintiff and Appellee, v. RICHARD MORRIS STANGA SR., Defendant and Appellant. No. 21082Supreme Court of South Dakota.Argued March 22, 2000. Opinion Filed September 20, 2000. Appeal from the Second Judicial Circuit, Minnehaha County, SD Hon. Peter H. Lieberman, Judge, #21082 — Affirmed. Page 487 Mark Barnett, Attorney General, […]
NELSON v. NELSON, 82 S.D. 404 (1966)
147 N.W.2d 1 NELSON, Respondent v. NELSON, Appellant File No. 10258.Supreme Court of South Dakota. Opinion filed December 14, 1966 1. Divorce. Entry of divorce decree in absence of conclusion of property settlement agreement or institution of further proceedings in event agreement could not be reduced to writing was error where husband had appeared, by […]
STATE v. JOHNSON, 254 N.W.2d 114 (1977)
STATE of South Dakota, Plaintiff and Respondent, v. Lester E. JOHNSON, Defendant and Appellant. No. 11686.Supreme Court of South Dakota. May 26, 1977. Appeal from the Circuit Court of Second Judicial Circuit, Minnehaha County, John L. Wilds, J. Page 115 Peter H. Lieberman, Asst. Atty. Gen., Pierre, for plaintiff and respondent; William J. Janklow, Atty. […]
STATE v. STEFFENSON, 85 S.D. 136 (1970)
178 N.W.2d 561 STATE, Respondent v. STEFFENSON, Appellant File No. 10667.Supreme Court of South Dakota. Opinion filed July 7, 1970 Page 137 Appeal from Circuit Court, Codington County; Hon. R. F. Manson, Judge. Beardsley, Osheim Wagner, Watertown, for defendant and appellant. Gordon Mydland, Atty. Gen., R. James Zieser, Asst. Atty. Gen., Pierre, John L. Foley, […]
MYERS v. MYERS, 747 N.W.2d 148 (S.D. 2008)
Myers v. Myers. No. 24544.Supreme Court of South Dakota. February 19, 2008. Affirmed (WGJ).
JACK RABBIT LINES v. NEOPLAN COACH SALES, 1996 SD 80
551 N.W.2d 18 JACK RABBIT LINES, INC., Plaintiff and Appellee, v. NEOPLAN COACH SALES, INC., Defendant and Appellant. No. 19416.Supreme Court of South Dakota.Consider on Briefs May 23, 1996. Decided July 2, 1996. Rehearing Denied August 6, 1996. Appeal from the Circuit Court of the Second Judicial Circuit, Minnehaha County, James W. Anderson, J. Page […]
STATE BY AND THROUGH DOT v. GARVIN, 456 N.W.2d 779 (1990)
The STATE of South Dakota, Acting By and Through the DEPARTMENT OF TRANSPORTATION and the South Dakota Transportation Commission, and Union County, South Dakota, Plaintiffs/Appellees, v. Michael P. GARVIN, Defendant/Appellant. No. 16855.Supreme Court of South Dakota.Considered on Briefs April 24, 1990. Decided June 6, 1990. Appeal from the First Judicial Circuit Court, Union County, Jay […]
STATE v. McGILL, 536 N.W.2d 89 (1995)
STATE of South Dakota, Plaintiff and Appellee, v. Michael McGILL, Defendant and Appellant. No. 18802.Supreme Court of South Dakota.Considered on Briefs January 10, 1995. Decided August 16, 1995. Appeal from the Circuit Court, Third Judicial Circuit, Beadle County, Rodney J. Steele, J. Page 90 Mark Barnett, Atty. Gen., Frank E. Geaghan, Asst. Atty. Gen., Pierre, […]