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, […]
Category: South Dakota Supreme Court Opinions
EXECUTIVE REORGANIZATION ORDER No. 03-01 (S.D. 2-17-2003)
EXECUTIVE REORGANIZATION ORDER No. 2003-01. No. 2003-01Supreme Court of South Dakota. February 17, 2003 ORDER WHEREAS, Article IV, Section 8, of the Constitution of the State of South Dakota provides that, “Except as to elected constitutional officers, the Governor may make such changes in the organization of offices, boards, commissions, agencies and instrumentalities, and in […]
RUNGE v. PRAIRIE STATES INS. OF SIOUX FALLS, 393 N.W.2d 538 (1986)
Richard M. RUNGE and Donna M. Runge, as Special Administrators of the Estate of Richard Raymond Runge, deceased, Plaintiffs and Appellees, v. PRAIRIE STATES INSURANCE OF SIOUX FALLS, South Dakota, Defendant and Appellant. Nos. 14939, 14949.Supreme Court of South Dakota.Argued January 14, 1986. Decided September 24, 1986. Appeal from the Circuit Court, Sixth Judicial Circuit, […]
STATE v. WHITE, 538 N.W.2d 237 (1995)
STATE of South Dakota, Plaintiff and Appellee, v. Gary Duwayne WHITE, Sr., Defendant and Appellant. No. 18460.Supreme Court of South Dakota.Argued March 22, 1995. Decided September 27, 1995. Appeal from the Circuit Court, Fifth Judicial Circuit, Brown County, David Gilbertson, J. Page 238 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT […]
EVANS v. BOARD OF COUNTY COMMRS., 65 S.D. 61 (1936)
270 N.W. 651 EVANS, Appellant, v. BOARD OF COUNTY COMMISSIONERS, et al, Respondents. File No. 7990.Supreme Court of South Dakota. Opinion filed December 31, 1936. District and Prosecuting Attorneys. County commissioners’ refusal to pay claim for traveling expenses incurred by state’s attorney because funds budgeted for state’s attorney’s office had been exhausted held proper. Appeal […]
PHILARD INC. v. RIIFF, 73 S.D. 219 (1950)
41 N.W.2d 229 PHILARD INC., Respondent, v. RIIFF et al., Appellants File No. 9084.Supreme Court of South Dakota. Opinion filed February 15, 1950. Page 220 Appeal from Circuit Court, Beadle County; Hon. B.B. McClaskey, Judge. Action for injunction by Philard Inc., v. Annamae Riiff, Secretary of State. From order granting preliminary injunction against defendants, they […]
BEATTY v. DEPUE, 78 S.D. 395 (1960)
103 N.W.2d 187 BEATTY et al., Appellants v. DEPUE et al., Respondents File No. 9795.Supreme Court of South Dakota. Opinion filed May 17, 1960 Rehearing denied June 15, 1960 Page 396 Appeal from Circuit Court, Custer County; Hon. Thomas Parker, Judge. Action to foreclose a contract for deed, wherein purchasers counterclaimed for rescission. From the […]
SEALEY v. WEBER, 714 N.W.2d 899 (S.D. 2006)
SEALEY v. WEBER. No. 23862.Supreme Court of South Dakota. May 30, 2006. Affirmed (SRI).
S.D. VETERANS’ HOME v. HAMILTON, 89 S.D. 620 (1975)
235 N.W.2d 916 S.D. STATE VETERANS’ HOME, Appellant v. HAMILTON, Executor of Estate, Respondent File No. 11662.Supreme Court of South Dakota. Opinion filed December 12, 1975 Page 621 Appeal from the Circuit Court of Fall River County; Hon. Joseph H. Bottum, Judge. William J. Janklow, Atty. Gen., Earl Mettler, Asst. Atty. Gen., Pierre, for claimant […]
BLAKE v. HANSEN, 64 S.D. 356 (1936)
266 N.W. 733 BLAKE, Appellant, v. HANSEN, et ux, Respondents. File No. 7834.Supreme Court of South Dakota. Opinion filed April 16, 1936. 1. Fraudulent Conveyance. Evidence held to sustain finding that conveyances made by husband to wife were not fraudulent, precluding creditors from subjecting land to payment of judgment against the husband. 2. Fraudulent Conveyances. […]
APPEAL OF CITY OF ABERDEEN, 270 N.W.2d 139 (1978)
Appeal of the CITY OF ABERDEEN, a Municipal Corporation, from the Decision of Dennis W. Finch, Director of the Division of Labor and Management Relations, South Dakota Department of Manpower Affairs. LOCAL 446, PROFESSIONAL FIREFIGHTERS ASSOCIATION, Petitioner, Appellant and Cross-Respondent, v. CITY OF ABERDEEN, South Dakota, Respondent and Cross-Appellant. Nos. 11982, 12025.Supreme Court of South […]
NEW HAMPSHIRE INS. CO. v. VETTER, 326 N.W.2d 723 (1982)
NEW HAMPSHIRE INSURANCE COMPANY, Plaintiff and Appellant, v. Myron VETTER, Robert F. Yackley and L.J. Spivey, d/b/a Yackley Partnership, Dick Seaman and Rosella Seaman, Defendants and Appellees. No. 13752.Supreme Court of South Dakota.Considered on Briefs October 15, 1982. Decided November 24, 1982. Appeal from the Circuit Court, Eighth Judicial Circuit, Lawrence County, Scott C. Moses, […]
FISCHER v. BUNCH, 70 S.D. 240 (1944)
16 N.W.2d 541 FISCHER, Respondent, v. BUNCH, Appellant File No. 8721.Supreme Court of South Dakota. Opinion filed December 9, 1944. 1. Joint Adventures. There are same elements of joint business and mutual agency in joint adventures as in partnerships. 2. Joint Adventures — Master and Servant — Partnership — Replevin. In replevin for cows, complaint, […]
STATE v. MURPHY, 74 S.D. 21 (1951)
48 N.W.2d 225 STATE OF SOUTH DAKOTA, Respondent, v. MURPHY, Appellant File No. 9189.Supreme Court of South Dakota. Opinion filed May 31, 1951. Appeal from Municipal Court of City of Sioux Falls; Hon. Walter Conway, Judge. Affirmed. Davenport, Evans, Hurwitz Smith, Ellsworth E. Evans, Sioux Falls, for Defendant and Appellant. Sigurd Anderson, Atty. Gen., W.O. […]
GUINTER v. GUINTER, 72 S.D. 554 (1949)
37 N.W.2d 452 GUINTER, Respondent, v. GUINTER, Appellant File No. 9027.Supreme Court of South Dakota. Opinion filed May 9, 1949. 1. Divorce. “Permanent alimony” is that provision which the law makes for support of a wife, or her who was a wife, out of estate of husband after separation in lieu of common-law obligation to […]
STATE v. ZOSS, 360 N.W.2d 523 (1985)
STATE of South Dakota, Plaintiff and Appellee, v. Barbara Jo ZOSS, Defendant and Appellant. No. 14485.Supreme Court of South Dakota.Considered on Briefs October 25, 1984. Decided January 9, 1985. Appeal from the Circuit Court, Third Judicial Circuit, Codington County, Dale E. Bradshaw, J. Page 524 Mark A. Moreno, Asst. Atty. Gen., Pierre, for plaintiff and […]
FIRST CIT. NAT. BK. v. PEOPLES SAV. BK., 63 S.D. 380 (1935)
259 N.W. 273 THE FIRST CITIZENS NATIONAL BANK OF WATERTOWN, Appellant, v. PEOPLES SAVINGS BANK OF WATERTOWN, et al, Respondents. File No. 7719.Supreme Court of South Dakota. Opinion filed March 6, 1935. Banks and Banking. Where bank in payment of clearance debit drew draft on drawee bank payable to payee bank which it accepted but […]
RUEL ET AL. v. RAPID CITY ET AL., 84 S.D. 79 (1969)
167 N.W.2d 541 RUEL et al., Appellants v. RAPID CITY et al., Respondents File No. 10643.Supreme Court of South Dakota. Opinion filed April 25, 1969 Page 80 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 81 Appeal from Circuit Court, Pennington County; […]
MATTER OF D.B., 382 N.W.2d 419 (1986)
In the Matter of the ALLEGED DEPENDENT AND NEGLECTED STATUS OF: D.B. and D.B., and Concerning J.B. and C.B. No. 14975.Supreme Court of South Dakota.Considered on Briefs January 14, 1986. Decided February 26, 1986. Appeal from the Circuit Court of the Eighth Judicial Circuit, Perkins County, Robert L. Tschetter, J. Michael Carter, Pierre, for appellant […]
DEHNERT ET AL. v. GARRETT FEED CO. ET AL., 84 S.D. 233 (1969)
169 N.W.2d 719 DEHNERT et al., Respondents v. GARRETT FEED COMPANY et al., Appellants File Nos. 10594, 10595.Supreme Court of South Dakota. Opinion filed August 4, 1969 Page 234 Appeal from Circuit Court, Edmunds County; Hon. Jon Fosheim, Judge. Affirmed in part, reversed in part. Agor, Siegel, Barnett Schutz by Raymond M. Schutz, Aberdeen, for […]
WESTERGREN v. BAPTIST HOSP. OF WINNER, 1996 SD 69
549 N.W.2d 390 Geneva M. WESTERGREN, Employee, Claimant and Appellant, v. BAPTIST HOSPITAL OF WINNER, Employer, Defendant and Appellee, and Wausau and Phico Insurance Companies, Its Insurers and Appellees. Nos. 19341, 19348 and 19349.Supreme Court of South Dakota.Argued March 12, 1996. Decided June 5, 1996. Appeal from the Sixth Judicial Circuit Court, Hughes County, Steven […]
MARONEY v. AMAN, 1997 SD 73
565 N.W.2d 70 Larry E. MARONEY, Employee, Claimant and Appellant, v. Curtis R. AMAN and A-J Trucking, Employer and Appellee, and Wausau Insurance Companies, Defendant and Appellee. No. 19592.Supreme Court of South Dakota.Considered on Briefs January 14, 1997. Decided June 18, 1997. Appeal from the Circuit Court, Hughes County, Steven L. Zinter, J. Page 71 […]
KRAFT v. MEADE COUNTY EX REL. BD., 2006 SD 113
726 N.W.2d 237 Jerry R. KRAFT, d/b/a Kraft Hardware; Robert S. Trupe, Morey W. Trupe, and Marty L. Trupe, as the members of Brothers III, LLC, a South Dakota Limited Liability Company; MidState Camper Sales, Inc., a South Dakota Corporation; T-M Concrete Construction, Inc., a South Dakota Corporation; Robert C. Van Houten; Steven A. Van […]
RAPID CITY v. REHFELD, 78 S.D. 294 (1960)
101 N.W.2d 396 RAPID CITY, Respondent v. REHFELD, Appellant File No. 9760.Supreme Court of South Dakota. Opinion filed March 2, 1960 Appeal from Municipal Court, Rapid City; Hon. George W. Lendecker, Judge. Defendant was convicted of violating a city ordinance for being and remaining under the influence of intoxicating liquor and he appeals. Reversed. E.E. […]
BUTTE CO. v. GAVER, 74 S.D. 134 (1951)
49 N.W.2d 466 BUTTE COUNTY, Respondent, v. GAVER ex ux., Appellants File No. 9174.Supreme Court of South Dakota. Opinion filed October 9, 1951. Rehearing denied November 13, 1951. Page 135 Appeal from Circuit Court, Butte County; Hon. Alex Rentto, Judge. Affirmed. Page 136 Smiley Clark, Belle Fourche, for Appellants. Lem Overpeck, Belle Fourche, for Respondent. […]
STATE v. DAVIS, 515 N.W.2d 205 (1994)
STATE of South Dakota, Plaintiff and Appellant, v. Jerry L. DAVIS, Defendant and Appellee. No. 18310.Supreme Court of South Dakota.Considered on Briefs on December 3, 1993. Decided April 13, 1994. Rehearing Denied May 6, 1994. Page 206 Appeal from the Seventh Judicial Circuit Court, Pennington County, Roland E. Grosshans, J. Mark Barnett, Atty. Gen., Charles […]
BABCOCK v. McKEE, 70 S.D. 442 (1945)
18 N.W.2d 750 BABCOCK, Respondent, v. McKee, Appellant. File No. 8720.Supreme Court of South Dakota. Opinion filed May 15, 1945. 1. Replevin. In replevin, plaintiff must recover on strength of his own title, and defendant, though not the owner, if in possession of property, is entitled to judgment where plaintiff has no title and no […]
STATE v. RUTTMAN, 1999 SD 112
598 N.W.2d 910 STATE OF SOUTH DAKOTA, Plaintiff and Appellee, v. ELMER RUTTMAN, a/k/a “Bud” Ruttman, d/b/a D E Cafe, Defendant and Appellant. Supreme Court of South Dakota.Considered on Briefs March 24, 1999. Opinion Filed August 18, 1999. Appeal from the Sixth Judicial Circuit, Hughes County, SD, Hon. James W. Anderson, Judge, #20508 — Affirmed. […]
STATE v. WATKINS, 272 N.W.2d 839 (1978)
STATE of South Dakota, Plaintiff and Respondent, v. Charles Wesley WATKINS, Defendant and Appellant. No. 12412.Supreme Court of South Dakota.Argued October 16, 1978. Decided December 29, 1978. Appeal from the Circuit Court, Second Judicial Circuit, Minnehaha County, Wayne W. Christensen, J. John P. Guhin, Asst. Atty. Gen., Pierre, for plaintiff and respondent; William J. Janklow, […]
IN RE FOY, 62 S.D. 23 (1933)
250 N.W. 671 In Re FOY File No. 7577.Supreme Court of South Dakota. Opinion filed October 26, 1933. Attorney and Client. Attorney’s collection of money for clients, and failure to promptly remit money, held dishonest and unprofessional conduct, warranting disbarment. Original proceeding in the matter of the disbarment of Thomas F. Foy. Judgment of disbarment […]
MITCHELL PRODUCE CO. v. MORRISON, 63 S.D. 127 (1934)
257 N.W. 47 MITCHELL PRODUCE COMPANY, A CORP., Respondent, v. MORRISON, Secretary of State, et al, Appellants. File No. 7697.Supreme Court of South Dakota. Opinion filed November 8, 1934. 1. Automobiles. Produce company, admittedly a motor carrier within broad definition of act providing for payment by motor carriers of compensation for use of highways, but […]
IN RE B.H., 707 N.W.2d 131 (S.D. 2005)
In re B.H. No. 23558.Supreme Court of South Dakota. November 15, 2005. Affirmed (JN).
STATE v. CODY, 323 N.W.2d 863 (1982)
STATE of South Dakota, Plaintiff and Appellee, v. William R. CODY, Defendant and Appellant. No. 13257.Supreme Court of South Dakota.Argued September 30, 1981. Decided August 25, 1982. Appeal from the Circuit Court, Sixth Judicial Circuit, Tripp County, John B. Jones, J. Page 864 Jon R. Erickson, Asst. Atty. Gen., Pierre, for plaintiff and appellee; Mark […]
STATE v. THOMPSON, 71 S.D. 319 (1946)
24 N.W.2d 10 STATE, Respondent, v. THOMPSON, Appellant File No. 8838.Supreme Court of South Dakota. Opinion filed August 19, 1946. 1. Criminal Law. Testimony given by defendant’s wife at preliminary hearing on rape charge was not binding upon defendant as to his conduct or acts on occasion in question. 2. Witnesses. In rape prosecution, conversation […]
HAASE v. WEBER, 2005 SD 23
693 N.W.2d 668 Troy HAASE, Petitioner and Appellant, v. Douglas WEBER, Warden of the South Dakota State Penitentiary, Respondent and Appellee. No. 23190.Supreme Court of South Dakota.Argued October 5, 2004. Decided February 16, 2005. Rehearing Denied March 23, 2005. Appeal from the Circuit Court, Second Judicial Circuit, Minnehaha County, Peter H. Lieberman, J. Steve Miller, […]
EMBLEM MFG. CO. v. DISCOVERY CORP., 90 S.D. 575 (1976)
243 N.W.2d 799 EMBLEM MFG. CO., INC., Respondent v. DISCOVERY CORP., Appellant File No. 11703.Supreme Court of South Dakota. Opinion filed July 2, 1976 Page 576 Appeal from the Circuit Court of Pennington County; Hon. Joseph H. Bottum, Judge. Affirmed. Robert A. Warder, Rapid City, for plaintiff and respondent. David Stanton, Rapid City, for defendant […]
JADE, INC. v. BENDEWALD, 468 N.W.2d 138 (1991)
JADE, INC., Plaintiff and Appellee, v. Gerald BENDEWALD, Defendant and Appellant. No. 17093.Supreme Court of South Dakota.Considered on Briefs January 8, 1991. Decided March 27, 1991. Appeal from the Circuit Court of the Fifth Judicial Circuit, Brown County, David Gilbertson, J. Page 139 Reed Rasmussen of Siegel, Barnett Schutz, Aberdeen, for plaintiff and appellee. William […]
MASAD v. WEBER, 2009 SD 80
772 N.W.2d 144 Randall F. MASAD and Lori J. Masad, Plaintiffs and Appellants, v. Doug WEBER, Bob Kuemper, Dennis Block, Daryl Slykhuis, Owen Spurrel, Robert Rae, Tom Linneweber, Barb Boldt, Kristin Jensen, Jeremy Roland, Randy Flick, Jeff Baker, Darin Young, Laurel Paulson, David Lentsch, Jodi Wiese, Brad Woodward, Larry Weins, Jorgene Williams, Sandy Page 145 […]
MATTER OF YAROCH, 333 N.W.2d 448 (1983)
In the Matter of the Appeal and Hearing from the Final Decision of the South Dakota Department of Labor, Unemployment Insurance Division, for Edward YAROCH, Appeal No. C-2686. No. 13724.Supreme Court of South Dakota.Considered on Briefs September 10, 1982. Decided May 4, 1983. Rehearing Denied June 6, 1983. Appeal from the Circuit Court, Second Judicial […]
PERMANN v. DEPT. OF LABOR, UNEMP. INS. D., 411 N.W.2d 113 (1987)
Shirley A. PERMANN, Claimant and Appellant, v. SOUTH DAKOTA DEPARTMENT OF LABOR, UNEMPLOYMENT INSURANCE DIVISION, Appellee. No. 15390.Supreme Court of South Dakota.Considered on Briefs April 21, 1987. Decided July 22, 1987. Appeal from the Circuit Court of the Sixth Judicial Circuit, Potter County, Patrick McKeever, J. Page 114 Billy J. Jones, Dakota Plains Legal Services, […]
STATE v. GREENFIELD, 793 N.W.2d 208 (S.D. 2010)
State v. Greenfield. No. 25560.Supreme Court of South Dakota. November 22, 2010. Abstracts of Summary Dispositions Affirmed (KFT)
STATE v. DuBOIS, 286 N.W.2d 801 (1979)
STATE of South Dakota, Plaintiff and Appellant, v. Daniel J. DuBOIS, Defendant and Appellee. No. 12681.Supreme Court of South Dakota.Argued October 12, 1979. Decided December 24, 1979. Appeal from the Circuit Court, Seventh Judicial Circuit, Pennington County, Frank E. Henderson, J. Page 802 Rodney C. Lefholz, Pennington County Deputy State’s Atty., Rapid City, for plaintiff […]
ABSTRACTS OF SUMMARY DISPOSITIONS, 516 N.W.2d 356 (1994)
Supreme Court of South Dakota. FISCAL YEAR 1994 (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 […]
LEWIS v. ASLESEN, 2001 SD 131
635 N.W.2d 744 JAMES G. LEWIS and CARMEN E. LEWIS, Plaintiffs and Appellees, v. JOAN C. ASLESEN, formerly JOAN C. BALDWIN, and PAUL ASLESEN, Defendants and Appellants. No. 21714Supreme Court of South Dakota.Considered On Briefs On August 28, 2001. Opinion Filed October 31, 2001. Appeal From The Circuit Court Of The Second Judicial Circuit Lincoln […]
APPLICATION OF GROSH, 415 N.W.2d 824 (1987)
In the Matter of the Application of Stephen G. GROSH for a Writ of Habeas Corpus. No. 15606.Supreme Court of South Dakota.Argued April 22, 1987. Supplemental Briefs Filed September 9, 1987. Decided November 25, 1987. Appeal from the Seventh Judicial Circuit Court, Tice, J. Page 825 Terry L. Hofer of Bangs, McCullen, Butler, Foye, and […]
MITCHELL SCH. DIST. NO. 17-2 v. WELFL CONST., 329 N.W.2d 138 (1983)
MITCHELL SCHOOL DISTRICT NO. 17-2, A Corporation, Plaintiff and Appellant, v. WELFL CONSTRUCTION COMPANY, A Corporation; Warren Dixon, Individually and As a Partner in Dixon Brown; Harold W. Brown, As a Partner in Dixon Brown; and Argyle R. Townswick, Defendants and Appellees, and Johnson Controls, Inc., A Corporation, Defendant and Appellant. Nos. 13429, 13430.Supreme Court […]
PEARSON v. O’NEAL-LETCHER, 2007 SD 92
738 N.W.2d 914 Susan PEARSON, Plaintiff, v. Linda O’NEAL-LETCHER, Defendant, and John J. Paul and Dell Rapids Lumber Co., Defendants and Appellees. No. 24233.Supreme Court of South Dakota.Considered on Briefs March 19, 2007. Decided August 29, 2007. Appeal from the Circuit Court, Second Judicial Circuit, Minnehaha County, Gene Paul Kean, J. William Fuller, Susan M. […]
MERKWAN v. LECKEY, 376 N.W.2d 52 (1985)
Laura M. MERKWAN, Plaintiff and Appellant, v. Dr. Merwin LECKEY, Defendant and Appellee. No. 14888.Supreme Court of South Dakota.Considered on Briefs September 13, 1985. Decided October 30, 1985. Appeal from the Circuit Court, Third Judicial Circuit, Kingsbury County, Eugene L. Martin, J. Karen E. Schreier of Hagen Wilka, Sioux Falls, for plaintiff and appellant. Thomas […]
JEWETT v. REDWATER IRRIGATING ASSOC., 88 S.D. 390 (1974)
220 N.W.2d 834 JEWETT et al., Appellants v. REDWATER IRRIGATING ASSOCIATION, et al., RESPONDENTS, and THE STATE WATER RESOURCES COMMISSION OF THE STATE OF SOUTH DAKOTA et al., Appellants File Nos. 11234, 11235.Supreme Court of South Dakota. Opinion filed August 7, 1974 Appeal from the Circuit Court of Butte County; Hon. J.H. Bottum, Judge. Page […]
WUEST EX REL. CARVER v. McKENNAN HOSP., 2000 SD 151
619 N.W.2d 682 GEORGE WUEST as Guardian Ad Litem for Perry Carver, Plaintiff and Appellant, and Shirley Carver, individually and as Guardian Ad Litem for Jesse Carver and Tina Wilson, Plaintiff, v. McKENNAN HOSPITAL, a South Dakota Corporation, Defendant and Appellee, and Laurie M. Hill, M.D., and Bernie Bahnson, M.D. and Central Plains Clinic, LTD, […]
MATTER OF PARENTAL RIGHTS OF P.A.M., 505 N.W.2d 395 (1993)
In the Matter of the TERMINATION OF PARENTAL RIGHTS OF P.A.M. No. 18147-r.Supreme Court of South Dakota.Argued May 25, 1993. Decided September 8, 1993. Appeal from the Circuit Court, Seventh Judicial Circuit, Pennington County, Jeff W. Davis, J. Paul S. Swedlund of Gunderson, Palmer, Goodsell and Nelson, Rapid City, for appellant, P.A.M., Father. Anthony E. […]
STATE v. CLARK, 61 S.D. 523 (1933)
249 N.W. 922 STATE, Appellant, v. CLARK et al, Respondents. File No. 7595.Supreme Court of South Dakota. Opinion filed September 6, 1933. Appeal from Circuit Court, Lawrence County; HON. JAMES McNENNY, Judge. Walter Conway, Attorney General, and Benj. D. Mintener, Assistant Attorney General, for the State. Malvin Penfold, of Belle Fourche, for Respondents. PER CURIAM. […]
NIST v. NIST, 2006 SD 67
720 N.W.2d 87 Theodore A. NIST, Plaintiff and Appellee, v. Sally J. NIST, Defendant and Appellant. No. 23639.Supreme Court of South Dakota.Argued on March 21, 2006. Decided July 26, 2006. Appeal from the Circuit Court of the Seventh Judicial Circuit, Pennington County, Thomas L. Trimble, J. Page 88 Terri L. Williams of Gunderson, Palmer. Goodsell […]
SIEDENBURG,v. SOMMERFELD, 77 S.D. 191 (1958)
90 N.W.2d 77 SIEDENBURG, Respondent v. SOMMERFELD, Appellant File No. 9696.Supreme Court of South Dakota. Opinion filed May 13, 1958 Rehearing denied June 26, 1958. Appeal from Circuit Court, Gregory County; Hon. A.C. Miller, Judge. Motion granted. Parnell J. Donohue, Bonesteel, for Defendant-Appellant. G.F. Johnson, Gregory, for Plaintiff-Respondent. BOGUE, J. In November 1951 a quarter […]
FED. FARM MTGE. CORP. v. HOLM, 67 S.D. 560 (1941)
295 N.W. 662 FEDERAL FARM MORTGAGE CORP., Appellant, v. HOLM, et al, Respondents. File No. 8306.Supreme Court of South Dakota.Opinion filed December 24, 1940. Rehearing Denied April 16, 1941. 1. Appeal and Error. Assignee of holder of second mortgage was a “party aggrieved” within statute by order in foreclosure action directing payment of amounts collected […]
STATE v. HOLTRY, 321 N.W.2d 530 (1982)
STATE of South Dakota, Plaintiff and Appellee, v. James HOLTRY, Defendant and Appellant. No. 13496.Supreme Court of South Dakota.Submitted on Briefs February 26, 1982. Decided July 7, 1982. Appeal from the Circuit Court of the Seventh Judicial District, Pennington County, Roland E. Grosshans, J. Mikal Hanson, Asst. Atty. Gen., Pierre, for plaintiff and appellee; Mark […]
COMMERCIAL SER. CORP. v. GEDNALSKE, 63 S.D. 296 (1934)
258 N.W. 132 COMMERCIAL SERVICE CORP., Respondent, v. GEDNALSKE, Appellant. File No. 7684.Supreme Court of South Dakota. Opinion filed December 29, 1934. Appeal and Error. Where, after filing in office of Supreme Court clerk, of notice of appeal from order overruling motion to vacate default judgment, over nine months elapsed without filing of brief or […]
BEAN v. BEST, 76 S.D. 462 (1957)
80 N.W.2d 565 BEAN, Respondent v. BEST, Appellant File No. 9610.Supreme Court of South Dakota. Opinion filed January 23, 1957. Appeal from Circuit Court, Pennington County; Hon. George D. Lampert, Judge. Action against county sheriff for damages arising out of alleged false arrest and imprisonment. From an order requiring sheriff to produce copy of master […]
PETERSEN v. PETERSEN, 90 S.D. 666 (1976)
245 N.W.2d 285 PETERSEN, Appellant v. PETERSEN et al., Respondents File No. 11736.Supreme Court of South Dakota. Opinion filed September 3, 1976 Appeal from the Circuit Court of Mellette County; Hon. John B. Jones, Judge. Affirmed. Gary E. Davis, Johnson, Johnson Eklund, Gregory, for plaintiff and appellant. Page 667 J. W. Grieves, Winner, for defendants […]
STATE v. RODEN, 380 N.W.2d 669 (1986)
STATE of South Dakota, v. Francis RODEN. No. 14903.Supreme Court of South Dakota.Considered on Briefs November 21, 1985. Decided January 22, 1986. Appeal from the Circuit Court, Eighth Judicial Circuit, Meade County, Robert L. Tschetter, J. Frank Geaghan, Asst. Atty. Gen., Pierre, for plaintiff and appellee; Mark V. Meierhenry, Atty. Gen., on brief. Richard Braithwaite, […]
STATE v. SPIRY, 1996 SD 14
543 N.W.2d 260 The STATE of South Dakota, Acting By and Through the DEPARTMENT OF TRANSPORTATION and the South Dakota Transportation Commission, Plaintiff and Appellant, v. A. William SPIRY, Defendant and Appellee, and Gertrude M. Johnson, Grace J. Jeffords, Richard C. Leih and Virginia K. Leih, Defendants. No. 19005.Supreme Court of South Dakota.Considered on Briefs […]
REUTTER v. MEIERHENRY, 405 N.W.2d 627 (1987)
Robert REUTTER, Petitioner and Appellant, v. Mark V. MEIERHENRY, Attorney General of the State of South Dakota, and Herman Solem, Warden of the South Dakota State Penitentiary, Appellees. No. 15435.Supreme Court of South Dakota.Argued January 12, 1987. Decided May 6, 1987. Appeal from the Circuit Court, Second Judicial Circuit, of Minnehaha County, Robert J. Patterson, […]
IOWA G.M. CORP. v. GEN. MOT. AC. CORP., 62 S.D. 18 (1933)
250 N.W. 669 IOWA GUARANTEE MORTGAGE CORP., Respondent, v. GENERAL MOTORS ACCEPTANCE CORP., Appellant. File No. 7529.Supreme Court of South Dakota. Opinion filed October 26, 1933. 1. Property. One cannot transfer better title to personal property than he has unless estoppel bars claim under otherwise better title. 2. Property. Mere possession of chattels of another […]
DAHL v. SITTNER, 429 N.W.2d 458 (1988)
Dewey DAHL and Lavonne Dahl, Plaintiffs and Appellants. v. Peter SITTNER and Sittner Real Estate, Inc., Defendants and Appellees. No. 16018.Supreme Court of South Dakota.Argued May 25, 1988. Decided September 14, 1988. Appeal from the Fifth Judicial Circuit Court, Walworth County, Eugene Dobberpuhl, J. Page 459 Rodney C. Lefholz of Fousek, Lefholz Mairose, Rapid City, […]
SHEARN v. ANDERSON, 74 S.D. 41 (1951)
48 N.W.2d 821 SHEARN, Appellant, v. ANDERSON et al., Respondents File No. 9171.Supreme Court of South Dakota. Opinion filed July 10, 1951. Page 42 Appeal from Circuit Court of Meade County; Hon. Alex Rentto, Judge. Affirmed. James M. Doyle and Hanley, Leedom Driscoll, Rapid City, for Appellant. E.V. Morrill, Sturgis, for Respondent Alvin Anderson. Morrison […]
ANDERSON v. KELLER, 2007 SD 89
739 N.W.2d 35 Robert ANDERSON, Plaintiff and Appellant, v. Steven KELLER, Defendant and Appellee. No. 24399.Supreme Court of South Dakota.Considered on Briefs on May 21, 2007. Decided August 15, 2007. Appeal from the Circuit Court, Seventh Judicial Circuit, Fall River County, Thomas L. Trimble, J. Page 36 Steven C. Beardsley, Brad J. Lee of Beardsley, […]
STATE v. CHUOL, 778 N.W.2d 627 (S.D. 2009)
State v. Chuol. No. 24866.Supreme Court of South Dakota. January 20, 2009. Abstracts of Summary Dispositions Affirmed (BGZ).
SERLES v. BRAUN ET AL., 79 S.D. 456 (1962)
113 N.W.2d 216 SERLES, Appellant v. BRAUN et al., Respondents File No. 9932.Supreme Court of South Dakota. Opinion filed February 6, 1962 Page 457 Appeal from Circuit Court, Butte County; Hon. Clarence P. Cooper, Judge. Judgment affirmed. Lacey Parliman, Sioux Falls, Stephens Brandenburg, Belle Fourche, for Plaintiff and Appellant. Whiting, Lynn, Freiberg Shultz, Rapid City, […]
WEAVER v. BLAKE, 300 N.W.2d 52 (1980)
Chester N. WEAVER, Plaintiff and Appellant, v. L.C. BLAKE, Administrator of the Estate of Frank Norman Weaver, a/k/a Frank N. Weaver, a/k/a Frank Weaver, Deceased, Defendant and Appellee, and Winner Production Credit Association, Defendant. No. 12972.Supreme Court of South Dakota.Argued October 23, 1980. Decided December 23, 1980. Rehearing Denied January 30, 1981. Appeal from the […]
CITY OF PLANKINTON v. KIEFFER, 69 S.D. 597 (1944)
13 N.W.2d 298 CITY OF PLANKINTON, et al, Appellants v. KIEFFER, et al, Respondents File Nos. 8672-8673.Supreme Court of South Dakota. Opinion filed February 25, 1944. 1. Appeal and Error. Whether determination of a court is an “order” or “judgment” within statute prescribing different periods for taking an appeal from each depends upon contents and […]
DINSMORE v. PIPER JAFFRAY, INC., 1999 SD 56
593 N.W.2d 41 DAVID S. DINSMORE, Plaintiff and Appellee, v. PIPER JAFFRAY, INC. and David P. Stevens, Defendants and Appellants. Supreme Court of South Dakota.Argued February 23, 1999 Opinion Filed May 12, 1999. Appeal from the Second Judicial Circuit, Minnehaha County, SD, Hon. Glen A. Severson, Judge, #20661 — Reversed. Page 42 Arlo Sommervold, Scott […]
STATE v. RODDEN, 86 S.D. 725 (1972)
201 N.W.2d 232 STATE, Respondent v. RODDEN, Appellant File No. 10990.Supreme Court of South Dakota. Opinion filed October 6, 1972 Appeal from circuit court of Davison County; Hon. George W. Wuest, Judge. Thomas R. Vickerman, Asst. Atty. Gen., Pierre, for plaintiff and respondent; Gordon Mydland, Atty. Gen., Pierre, on the brief. A.P. Fuller, Lead, for […]
WEINS v. WEINS, 70 S.D. 620 (1945)
20 N.W.2d 228 WEINS, Appellant, v. WEINS, Respondent File No. 8796.Supreme Court of South Dakota.Opinion filed October 10, 1945. Rehearing Denied November 8, 1945. 1. Divorce. A proceeding for modification of divorce decree relating to custody of children is properly brought on by order to show cause and determination of trial court thereof results in […]
GRIEVES v. DANAHER, 60 S.D. 120 (1932)
243 N.W. 916 GRIEVES, Respondent, v. DANAHER, Appellant. File No. 7418.Supreme Court of South Dakota. Opinion filed August 15, 1932. 1. Appeal and Error. Two independent separate appealable orders cannot be made the subject of one appeal (Rev. Code 1919, § 3146). 2. Appeal and Error. Single appeal from two separate independent appealable orders may […]
HARKSEN v. PESKA, 1998 SD 70
581 N.W.2d 170 Laurie Jean Bryant HARKSEN, as Administrator of the Estate of John C. Harksen, a/k/a J.C. Harksen, Deceased, Plaintiff, v. Gene PESKA, Defendant and Appellant. and Warren Carter Johnson, Janet Johnson, Steven M. Johnson, Dave R. Johnson, Robert A. Warder, Jo Anna C. Warder, Robert A. Warder, Trustee, and Robert A. Warder, individually, […]