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 […]
Category: South Dakota Supreme Court Opinions
ROTH v. ROTH, 1997 SD 75
565 N.W.2d 782 Clarence T. ROTH, Plaintiff and Appellee, v. Alice E. Thomas ROTH, Petitioner and Appellant. No. 19723.Supreme Court of South Dakota.Considered on Briefs March 25, 1997. Decided June 25, 1997. Appeal from the First Judicial Circuit Court, Hutchinson County, Lee A. Tappe, J. Thomas E. Alberts, Avon, for plaintiff and appellee. Lee R. […]
APPLICATION OF PAINTER ET AL., 85 S.D. 156 (1970)
179 N.W.2d 12 APPLICATION OF PAINTER et al. Files No. 10655, 10656.Supreme Court of South Dakota. Opinion filed July 29, 1970 Appeal from Circuit Court, Minnehaha County; Hon. Andrew W. Bogue, Judge. Mead Bailey, Sioux Falls, for appellant William Henry Painter. Page 157 Richard W. Sabers, Sioux Falls, for appellant Nonine Lee Painter. Gordon Mydland, […]
STATE v. HOWELL, 354 N.W.2d 196 (1984)
STATE of South Dakota, Plaintiff and Appellee, v. Ronald HOWELL, Defendant and Appellant. No. 14368.Supreme Court of South Dakota.Considered on Briefs May 21, 1984. Decided August 29, 1984. Appeal from the Circuit Court, Seventh Judicial Circuit, Pennington County, Thomas Parker, J. Mark Smith, Asst. Atty. Gen., Pierre, for plaintiff and appellee; Mark V. Meierhenry, Atty. […]
GRAUEL v. S.D. SCHOOL OF MINES, 2000 SD 145
619 N.W.2d 260 GEORGE L. GRAUEL, Claimant and Appellant, v. SOUTH DAKOTA SCHOOL OF MINES AND TECHNOLOGY, Employer and Appellee, and State of South Dakota, Insurer and Appellee. No. 21251Supreme Court of South Dakota.Considered on Briefs September 18, 2000. Opinion Filed November 21, 2000. Appeal from the Sixth Judicial Circuit, Hughes County, SD Hon. Steven […]
STATE v. BATTERMAN, 79 S.D. 191 (1961)
110 N.W.2d 139 STATE, Respondent v. BATTERMAN, Appellant File No. 9882.Supreme Court of South Dakota. Opinion filed July 17, 1961 Page 192 Appeal from Circuit Court, Hutchinson County; Hon. James R. Bandy, Judge. Affirmed. George W. Wuest of Danforth, Bleeker Carlson, Mitchell, for Defendant and Appellant. A.C. Miller, Atty. Gen., Gerald L. Reade, Asst. Atty. […]
STATE v. OTTO, 529 N.W.2d 193 (1995)
STATE of South Dakota, Plaintiff and Appellee, v. William D. OTTO, Defendant and Appellant. No. 18811.Supreme Court of South Dakota.Considered on Briefs February 15, 1995. Decided March 22, 1995. Appeal from the Circuit Court, Fourth Judicial District, Lake County, Ronald K. Miller, J. Page 194 Mark Barnett, Atty. Gen., Wade A. Hubbard, Asst. Atty. Gen., […]
LASELL v. YANKTON CO., 69 S.D. 168 (1943)
7 N.W.2d 879 LASELL, Appellant, v. YANKTON COUNTY et al., Respondents File No. 8503.Supreme Court of South Dakota. Opinion filed February 8, 1943. 1. Appeal and Error. In action involving validity of tax title, where first order directing deposit of taxes made no reference to deposit of interest and order was reversed with directions to […]
IN RE LB, 699 N.W.2d 52 (S.D. 2005)
In re LB. No. 23358, 23359.Supreme Court of South Dakota. May 31, 2005. Summary disposition. Affirmed (MBT).
PFLEGER v. WILHELM, 65 S.D. 464 (1937)
274 N.W. 872 PFLEGER, Respondent, v. WILHELM, Appellant. File No. 8023.Supreme Court of South Dakota. Opinion filed September 10, 1937. 1. Appeal and Error. Admission of testimony in action for injuries to driver of automobile, struck in rear by defendant’s automobile, that witness, driving third automobile in opposite direction shortly before accident, nearly had to […]
MATTER OF PAM OIL, INC., 459 N.W.2d 251 (1990)
In the Matter of the STATE SALES AND USE TAX LIABILITY OF PAM OIL, INC. and Pam Warehouse, Inc., 200 Petro Avenue, Sioux Falls, South Dakota License Nos. 51-12390-5S and 51-17459-3S. No. 16875.Supreme Court of South Dakota.Considered on Briefs April 25, 1990. Decided August 15, 1990. Appeal from the Circuit Court of the Second Judicial […]
KEATING v. ABBOTT, 759 N.W.2d 131 (S.D. 2008)
Keating v. Abbott. No. 23793.Supreme Court of South Dakota. October 8, 2008. Affirmed (SRJ).
RUSHMORE STATE BANK v. KURYLAS, INC., 424 N.W.2d 649 (1988)
RUSHMORE STATE BANK, Plaintiff and Appellee, v. KURYLAS, INC., Defendant and Appellant, Internal Revenue Service, Defendant and Appellee, Ceasar’s Inc., Neil D. Lewis and George A. Twitero, Defendants. No. 15764.Supreme Court of South Dakota.Argued January 13, 1988. Decided May 11, 1988. Appeal from the Circuit Court of the Seventh Judicial Circuit, Pennington County, Roland E. […]
CORBLY v. CITY OF COLTON, 278 N.W.2d 459 (1979)
Shyrl CORBLY, Plaintiff and Appellant, v. CITY OF COLTON, Linda Westberg as Finance Officer, L.A. Sandell, Mayor, Del Van Dyan, Duane McMahon, LeRoy Koopman, Jim DeKrey, Delmar Klassen, Ike Van Liere, as Members of the Colton City Council, Defendants and Respondents. No. 12459.Supreme Court of South Dakota.Submitted on Briefs March 19, 1979. Decided May 3, […]
IN RE PATTERSON’S ESTATE, 69 S.D. 374 (1943)
10 N.W.2d 754 In Re PATTERSON’S ESTATE NELSON, Appellant, v. THOMPSON, et al, Respondents File No. 8602.Supreme Court of South Dakota.Opinion filed August 10, 1943. Rehearing Denied September 21, 1943. 1. Wills. It is not within the province of the court to say what testatrix intended, but court must determine what meaning is to be […]
IN RE T.W.Q., 694 N.W.2d 877 (S.D. 2005)
IN RE T.W.Q. No. 23291.Supreme Court of South Dakota. January 21, 2005. Affirmed (JWD).
FIRST NAT’L BANK v. SIMPSON, 66 S.D. 197 (1938)
280 N.W. 873 FIRST NATIONAL BANK OF LEMMON, et al, Respondents, v. SIMPSON, et al, Appellants File No. 8168.Supreme Court of South Dakota. Opinion filed July 14, 1938. 1. Chattel Mortgages. In actions by mortgagees for conversion of horses allegedly covered by chattel mortgage against buyer, evidence respecting whether horses purchased belonged to mortgagor or […]
STATE v. MITCHELL, 491 N.W.2d 438 (1992)
STATE of South Dakota, Plaintiff and Appellee, v. Dennis MITCHELL, Defendant and Appellant. No. 17697.Supreme Court of South Dakota.Argued May 27, 1992. Decided September 16, 1992. Appeal from the Circuit Court, Fifth Judicial Circuit, Roberts County, David Gilbertson, J. Page 439 Mark Barnett, Att. Gen., Karen E. Cremer and Ronald D. Campbell, Asst. Attys. Gen., […]
APPLICATION OF TRANSPORT INC., 75 S.D. 340 (1954)
64 N.W.2d 313 Application of TRANSPORT, INC. OF SOUTH DAKOTA File No. 9392.Supreme Court of South Dakota. Opinion filed May 15, 1954. 1. Automobiles. The question of what is required for adequate, economical, efficient and necessary service in motor transportation and in furtherance of public interest is matter for determination of Public Utilities Commission. SDC […]
CITIZENS BK. TR. CO. v. SPILOS, 66 S.D. 635 (1939)
287 N.W. 587 CITIZENS BANK TRUST COMPANY, Respondent, v. SPILOS, et ux, Appellants SPILOS, et ux, Appellants, v. BROWN, Respondent File No. 8235.Supreme Court of South Dakota. Opinion filed September 8, 1939. 1. Party Walls. Although the presence or absence of windows is not an infallible test of a party wall, their presence is a […]
STATE v. JOHNSON, 694 N.W.2d 721 (S.D. 2004)
STATE v. JOHNSON. No. 23081.Supreme Court of South Dakota. November 22, 2004. Affirmed (TLT).
KAMRAR v. SANBORN COUNTY, 62 S.D. 487 (1934)
253 N.W. 496 KAMRAR, et al, Plaintiffs, v. SANBORN COUNTY, et al, Appellants, ARTESIAN, S.D., et al, Respondents. File No. 7427.Supreme Court of South Dakota. Opinion filed March 19, 1934. Drains. In action by ditch warrant holders against city to establish liability on warrants, county against which no money judgment was asked but which was […]
ROWE v. RAPID CITY REG. HOSP, 779 N.W.2d 167 (S.D. 2010)
Rowe v. Rapid City Regional Hosp. No. 25265.Supreme Court of South Dakota. November 23, 2009. Abstracts of Summary Dispositions Fiscal Year 2010, Affirmed (MB).
LENDS HIS HORSE v. MYRL ROY’S PAVING, INC., 2000 SD 146
619 N.W.2d 516 JOE LENDS HIS HORSE JR., Claimant and Appellee, v. MYRL ROY’S PAVING, INC. Employer and Appellant, and Heritage Mutual Insurance Company, Insurer and Appellant. 21444Supreme Court of South Dakota.Argued September 20, 2000. Opinion Filed November 21, 2000. Appeal from the Sixth Judicial Circuit, Hughes County, SD Hon. Lori S. Wilbur, Judge, #21444 […]
STATE v. HAMMOND, 357 N.W.2d 278 (1984)
STATE of South Dakota, Plaintiff and Appellee, v. Douglas Ernest HAMMOND, also known and prosecuted as Robert Williams, Defendant and Appellant. No. 14420.Supreme Court of South Dakota.Considered on Briefs September 13, 1984. Decided November 7, 1984. Appeal from the Circuit Court, Third Judicial Circuit, Beadle County, Eugene L. Martin, J. Mark Smith, Asst. Atty. Gen., […]
WOOLAM v. WOOLAM, 769 N.W.2d 456 (S.D. 2009)
Woolam v. Woolam. No. 24967.Supreme Court of South Dakota. May 4, 2009. Abstracts of Summary Dispositions Affirmed (SLT).
FIRST NATL. BANK v. PETERSON, 67 S.D. 400 (1940)
293 N.W. 530 FIRST NATIONAL BANK OF VALENTINE, NEB., Appellant, v. PETERSON, Sheriff, Respondent File No. 8301.Supreme Court of South Dakota.Opinion filed August 16, 1940. Rehearing Denied October 22, 1940. 1. Chattel Mortgages. Chattel mortgage on cattle, which was valid under laws of Nebraska, was enforceable by courts of South Dakota into which the cattle […]
STATE v. KNUDTSON, 65 S.D. 547 (1937)
276 N.W. 150 STATE, ex rel., BOTTUM, Director of Taxation, Plaintiff, v. KNUDTSON, County Auditor, (GUNDERSON, Intervenor) File No. 8128.Supreme Court of South Dakota. Opinion filed November 24, 1937. 1. Homestead. The homestead right depends entirely on constitutional and statutory provisions. 2. Taxation. The rule that laws exempting property from taxation must be strictly construed […]
PETITION OF BROCKMUELLER, 374 N.W.2d 135 (1985)
In the Matter of the Petition of Scott BROCKMUELLER For a Writ of Error Coram Nobis. No. 14740.Supreme Court of South Dakota.Argued April 10, 1985. Decided September 6, 1985. Appeal from the Circuit Court, First Judicial Circuit,. Page 136 Craig K. Thompson, Clay County State’s Atty., Vermillion, for appellant. John Blackburn of Blackburn Stevens, Yankton, […]
FED. LAND BANK v. FENSKE, 67 S.D. 236 (1940)
291 N.W. 596 FEDERAL LAND BANK OF OMAHA, Appellant, v. FENSKE, et al, Respondents File No. 8272.Supreme Court of South Dakota. Opinion filed April 17, 1940. 1. Mortgages. It is within the broad equitable powers of the circuit court, after a mortgage foreclosure sale, to hear and consider evidence for purpose of determining whether inequities […]
TAN CORP. v. JOHNSON, 1996 SD 128
555 N.W.2d 613 TAN CORP., a South Dakota Corporation, Howes Oil Co., a South Dakota Corporation, and Dan Vrooman, Plaintiffs and Appellees, v. Jorge JOHNSON, M.D., Defendant and Appellant. No. 19423.Supreme Court of South Dakota.Considered on Briefs September 11, 1996. Decided October 30, 1996. Page 614 Appeal from the Circuit Court, Second Judicial Circuit, Minnehaha […]
KURYLAS, INC. v. BRADSKY, 452 N.W.2d 111 (1990)
KURYLAS, INC., Plaintiff-Appellant, v. Walter J. BRADSKY, Defendant-Appellee. No. 16594.Supreme Court of South Dakota.Argued October 17, 1989. Decided February 21, 1990. Rehearing Denied April 2, 1990. Appeal from the Circuit Court, Seventh Judicial Circuit, Pennington County, Merton B. Tice, Jr., J. Page 112 J.M. Grossenburg, Day Grossenburg, Winner, Gale Fisher of Fisher Hughes, Sioux Falls, […]
WEEKS v. VALLEY BANK, 2000 SD 104
615 N.W.2d 179 ROBERT WEEKS, Plaintiff and Appellee, v. VALLEY BANK, Defendant and Appellant. No. 21220Supreme Court of South Dakota.Considered on Briefs April 24, 2000. Opinion Filed August 9, 2000. Corrected September 21, 2000. Appeal from the Sixth Judicial Circuit, Hughes County, SD Hon. Steven L. Zinter, Judge, #21220 — Affirmed Page 180 David O. […]
CASE v. FALL RIVER COUNTY, 64 S.D. 375 (1936)
266 N.W. 728 CASE, Appellant, v. FALL RIVER COUNTY, Respondent. File No. 7872.Supreme Court of South Dakota. Opinion filed April 24, 1936. 1. Counties. Claims against county which arose in December, 1928, held barred on November 9, 1932, by statute providing all claims arising during fiscal year must be filed with county auditor by last […]
STATE v. NUZUM, 2006 SD 89
723 N.W.2d 555 STATE of South Dakota, Plaintiff and Appellee, v. John C. NUZUM, Defendant and Appellant. No. 23850.Supreme Court of South Dakota. Considered on Briefs on August 28, 2006. Decided October 18, 2006. Appeal from the Circuit Court, Fourth Judicial Circuit, Meade County, Warren G. Johnson, J. Page 556 Lawrence E. Long, Attorney General, […]
MATTER OF PUBLIC UTIL. COM’N DECLAR. RULING, 364 N.W.2d 124 (1985)
In the Matter of the PUBLIC UTILITIES COMMISSION DECLARATORY RULING (F-3436). Nos. 14652, 14653 and 14664.Supreme Court of South Dakota.Argued January 9, 1985. Decided March 6, 1985. Page 125 Appeal from the Circuit Court, Sixth Judicial Circuit, Hughes County, Robert A. Miller, J. Mary L. Vanderpan, Asst. Atty. Gen., Pierre, for appellant Public Utilities Com’n […]
MAHAN v. MAHAN, 80 S.D. 211 (1963)
121 N.W.2d 367 MAHAN, Respondent v. MAHAN, Appellant File No. 10012.Supreme Court of South Dakota. Opinion filed April 25, 1963 Rehearing denied October 18, 1963 1. Work and Labor. Where services are rendered and voluntarily accepted by one for another, obligation to pay compensation will ordinarily be implied. 2. Work and Labor. Generally, where near […]
TOWN OF WINFRED v. SCHOLL, 477 N.W.2d 262 (1991)
TOWN OF WINFRED, Plaintiff and Appellee, v. Charles E. SCHOLL, Jr., Defendant and Appellant. No. 17377.Supreme Court of South Dakota.Considered on Briefs September 10, 1991. Decided November 13, 1991. Appeal from the Circuit Court, Fourth Judicial Circuit, Lake County, Tim D. Tucker, J. Wilson Kleibacker of Lammers, Lammers, Kleibacker Parent, Madison, for plaintiff and appellee. […]
ERDAHL v. GROFF, 1998 SD 28
576 N.W.2d 15 Kristine ERDAHL, Charging Party and Appellee, v. Dennis A. GROFF, Appellant. No. 20027.Supreme Court of South Dakota.Argued December 4, 1997. Decided March 18, 1998. Rehearing Denied May 6, 1998. Appeal from the Circuit Court, Sixth Judicial Circuit, Hughes County, Patrick J. McKeever, J. Page 16 Michael P. Reynolds, Gregory A. Eiesland of […]
STATE v. WILLIAMS, 84 S.D. 547 (1970)
173 N.W.2d 889 STATE, Respondent v. WILLIAMS, Appellant File No. 10676.Supreme Court of South Dakota. Opinion filed January 22, 1970 Rehearing denied April 7, 1970 Page 548 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 549 Appeal from Circuit Court, Minnehaha County; […]
SIOUX FALLS ARGUS LEADER v. YOUNG, 455 N.W.2d 864 (1990)
SIOUX FALLS ARGUS LEADER and Associated Press, Plaintiffs, v. The Honorable Marshall P. YOUNG, Circuit Judge, South Dakota, Defendant. No. 17046.Supreme Court of South Dakota.Argued March 21, 1990. Decided May 16, 1990. Page 865 Jon E. Arneson, Sioux Falls, for plaintiffs. M. Bridget Ryan, Asst. Atty. Gen., Pierre, for State of S.D. Brent A. Wilbur […]
STATE v. OLTMANNS, 519 N.W.2d 602 (1994)
STATE of South Dakota, Plaintiff and Appellant, v. Brian Lou OLTMANNS, Defendant and Appellee. No. 18423.Supreme Court of South Dakota.Argued March 23, 1994. Decided July 20, 1994. Appeal from the Circuit Court, Second Judicial Circuit, Minnehaha County, Gene Paul Kean, J. David R. Nelson, Minnehaha County State’s Atty., and Douglas W. Thesenvitz, Minnehaha County Deputy […]
DUDLEY v. HUIZENGA, 2003 SD 84
667 N.W.2d 644 BRUCE E. DUDLEY, Claimant and Appellant, v. JAMES HUIZENGA, d/b/a HUIZENGA TRUCKING, Employer and Appellee, and WAUSAU INSURANCE COMPANIES, Insurer and Appellee. No. 22487Supreme Court of South Dakota.Considered On Briefs On February 10, 2003 Opinion Filed July 16, 2003 Page 645 Appeal From The Circuit Court Of The Sixth Judicial Circuit Hughes […]
STATE v. JANIS, 321 N.W.2d 527 (1982)
STATE of South Dakota, Plaintiff and Appellee, v. Dennis L. JANIS, Defendant and Appellant. No. 13522.Supreme Court of South Dakota.Argued May 18, 1982. Decided July 7, 1982. Appeal from the Sixth Judicial Circuit Court, Mellette County, Donald L. Heck, J. Jon R. Erickson, Asst. Atty. Gen., Pierre, for plaintiff and appellee; Mark V. Meierhenry, Atty. […]
STATE v. SHELL, 301 N.W.2d 669 (1981)
STATE of South Dakota, Plaintiff and Appellee, v. John Louis Iron SHELL, Defendant and Appellant. No. 13099.Supreme Court of South Dakota.Argued November 20, 1980. Decided February 4, 1981. Appeal from the Circuit Court, Sixth Judicial Circuit, Tripp County, Marvin S. Talbott, J. Page 670 Mark Smith, Asst. Atty. Gen., Pierre, for plaintiff and appellee; Mark […]
STATE v. MOUSSEAU, 740 N.W.2d 887 (S.D. 2007)
State v. Mousseau. No. 24305.Supreme Court of South Dakota. September 4, 2007. Abstracts of Summary Dispositions Affirmed (MAG).
CLEVELAND SCHOOL v. HOSMER SCHOOL, 80 S.D. 275 (1963)
122 N.W.2d 545 CLEVELAND COMMON SCHOOL DISTRICT, Appellant v. HOSMER INDEPENDENT SCHOOL DISTRICT et al., Respondents File No. 10046.Supreme Court of South Dakota. Opinion filed July 8, 1963 1. Schools and School Districts. Legislature, by adopting curative statute, may validate prior acts of school boards in creating and organizing school districts even if there has […]
APPLICATION OF JACK RABBIT LINES, INC., 283 N.W.2d 402 (1979)
Application of JACK RABBIT LINES, INC., Sioux Falls, South Dakota, for the Authority to Operate as a Class “A” Motor Carrier of Persons for Hire. Nos. 12594, 12602.Supreme Court of South Dakota.Argued May 14, 1979. On Reassignment September 19, 1979. Appeal from the Seventh Judicial Circuit Court, Pennington County, Marshall Young, J. Edward J. Leahy, […]
STATE v. CROW, 683 N.W.2d 424 (S.D. 2004)
STATE v. BIG CROW. No. 22890.Supreme Court of South Dakota. February 23, 2004. Affirmed (KFT).
HOWIE v. PENNINGTON COUNTY, 1997 SD 45
563 N.W.2d 116 Kathy J. HOWIE, Appellant, v. PENNINGTON COUNTY and American States Insurance and Western Casualty and Surety, Appellees. No. 19824.Supreme Court of South Dakota.Considered on Briefs March 27, 1997. Decided April 23, 1997. Appeal from the Circuit Court, Hughes County, Steven L. Zinter, J. Page 117 William Jason Groves, Groves Julius, Rapid City, […]
HANSON v. BROOKINGS HOSP., 469 N.W.2d 826 (1991)
Sherrie HANSON, Plaintiff-Appellant, v. BROOKING HOSPITAL, Defendant-Appellee. No. 17188.Supreme Court of South Dakota.Considered on Briefs February 15, 1991. May 8, 1991. Review Denied July 24, 1991. Appeal from the Circuit Court, Third Judicial Circuit, Brookings County, Rodney J. Steele, J. Page 827 Philip R. Parent of Lammers, Lammers, Kleibacker, Madison, for plaintiff-appellant. James L. Hoy […]
EDGE v. CITY OF PIERRE, 59 S.D. 193 (1931)
239 N.W. 191 EDGE, Respondent, v. CITY OF PIERRE, et al, Appellants. File No. 7164.Supreme Court of South Dakota. Opinion filed November 10, 1931. 1. Master and Servant. Compensation cannot be allowed for death by disease, unless disease was proximately caused by accident (Rev. Code 1919, §§ 9437, 9440, 9490). 2. Master and Servant. One […]
WOLF v. WOLF, 59 S.D. 418 (1932)
240 N.W. 349 WOLF, Appellant, v. WOLF, et al, Respondents. File No. 7095.Supreme Court of South Dakota. Opinion filed January 25, 1932. Deeds. In action to declare deed void, evidence showed valid delivery to one of grantees, notwithstanding grantor’s continued residence on premises (R.C. 1919, § 524). Appeal from Circuit Court, Minnehaha County; HON. JOHN […]
KAMP DAKOTA, INC. v. SALEM LUMBER CO., INC., 89 S.D. 696 (1975)
237 N.W.2d 180 KAMP DAKOTA, INC., Appellant v. SALEM LUMBER CO., INC., Respondent File No. 11591.Supreme Court of South Dakota. Opinion filed December 31, 1975 Appeal from the Circuit Court of McCook County; Hon. Thomas L. Anderst, Judge. Page 697 T.F. Martin, McCann, Martin Mickelson, Brookings, for plaintiff and appellant. Richard W. Sabers, Dana, Golden, […]
ANDERSON v. HOTEL CATARACT, 70 S.D. 376 (1945)
17 N.W.2d 913 ANDERSON, Respondent v. HOTEL CATARACT et al., Appellants File No. 8731.Supreme Court of South Dakota. Opinion filed March 9, 1945. 1. Workmen’s Compensation. Injury suffered by hotel engineer when assaulted by fellow engineer after an argument when assailed engineer was in process of leaving his place of work was compensable as “injury […]
McMAHON v. DeKRAAY, 70 S.D. 180 (1944)
16 N.W.2d 308 McMAHON, Respondent, v. DeKRAAY, Appellant File No. 8709.Supreme Court of South Dakota. Opinion filed November 10, 1944. 1. Automobiles. In action for injuries sustained in automobile accident in Arkansas, whether plaintiff was precluded from recovering by reason of having a status of guest, and whether there was evidence sufficient to support a […]
ANDERSON v. SHEEHAN BARTLING, 78 S.D. 530 (1960)
105 N.W.2d 201 ANDERSON, Respondent v. SHEEHAN-BARTLING, INC., Appellant File No. 9763.Supreme Court of South Dakota. Opinion filed October 4, 1960 Page 531 Appeal from Circuit Court, Lake County; Hon. John T. Medin, Judge. Action by buyer of two motor scrapers, purchased under a contract containing a clause that machines must prove satisfactory for ten […]
PENNINGTON v. BEATTY, 61 S.D. 73 (1932)
246 N.W. 109 PENNINGTON, Respondent, v. BEATTY, et al, Appellants. File No. 7300.Supreme Court of South Dakota. Opinion filed December 30, 1932. 1. Appeal and Error. Appellants not excepting to instruction given could not question correctness thereof except as question might be involved in determining error in refusing requested instruction to which refusal exception was […]
MATTER OF ESTATE OF HASTINGS, 347 N.W.2d 347 (1984)
In the Matter of the ESTATE OF Jesse HASTINGS, Deceased. Lucille LENIUS, et al., Plaintiff and Appellee, v. Lillian BRADNER, Defendant and Appellant. No. 14105.Supreme Court of South Dakota.Argued October 24, 1983. Decided April 18, 1984. Appeal from the Circuit Court, Fifth Judicial Circuit, Brown County, Philo Hall, J. Page 348 A. William Spiry of […]
McMAHON v. BROWN, 66 S.D. 134 (1938)
279 N.W. 538 McMAHON, et al, Respondents, v. BROWN, et al, Appellants File No. 8064.Supreme Court of South Dakota. Opinion filed May 6, 1938. 1. Judgment. A judgment when signed, filed and docketed is a lien on all the real estate owned by the defendant in the county where the judgment is docketed or which […]
AGRL. CREDIT CORP. v. PETERSON, 59 S.D. 579 (1932)
241 N.W. 605 AGRICULTURAL CREDIT CORPORATION, Respondent, v. PETERSON, et al, Appellant. File No. 7187.Supreme Court of South Dakota. Opinion filed March 22, 1932. 1. Mortgages. Order approving receiver’s final report in mortgage foreclosure, having been served on mortgagor, held not required to be served on mortgagor’s attorney (Rev. Code 1919, § 2589). Such order […]
YARCHESKI v. REINER, 2003 SD 108
669 N.W.2d 487 THOMAS J. YARCHESKI, Plaintiff and Appellant, v. KEVIN REINER, CELIA MINER, and JOHNSON, HEIDEPREIM, MINER, MARLOW JANKLOW, LLP Defendants and Appellees. 22617Supreme Court of South Dakota.Considered April 24, 2003 Opinion Filed September 3, 2003 Appeal From The Circuit Court Of The First Judicial Circuit Yankton County, South Dakota. Honorable Arthur L. Rusch […]
APOIAN v. STATE, 89 S.D. 539 (1975)
235 N.W.2d 641 APOIAN, Appellant v. STATE et al., Respondents File No. 11590.Supreme Court of South Dakota. Opinion filed November 26, 1975 Page 540 Appeal from the Circuit Court of Hughes County; Hon. Robert A. Miller, Judge. Doyle, Bierle Hagerty, Yankton, for petitioner and appellant. Gary L. Richter, Zimmer, Richter Duncan, Parker, for defendants and […]
STATE v. WHITE, 795 N.W.2d 412 (S.D. 2011)
State v. White. No. 25668.Supreme Court of South Dakota. February 22, 2011. Abstracts of Summary Dispositions Affirmed (SRJ).
CALMENSON CLOTH. CO. v. KRUGER, 66 S.D. 224 (1938)
281 N.W. 203 CALMENSON CLOTHING CO., Respondent, v. KRUGER, Mayor, Appellant File No. 8133.Supreme Court of South Dakota. Opinion filed August 10, 1938. 1. Municipal Corporations. An annual appropriation ordinance which under heading “General Fund,” contained item “Fire department account, $29,535” sufficiently complied with statute specifying what appropriation ordinances shall contain, where immediately above quoted […]
CORDELL v. CODINGTON COUNTY, 526 N.W.2d 115 (1994)
Martin CORDELL, Appellee, v. CODINGTON COUNTY, a Political Subdivision of the State of South Dakota, Appellant. No. 18644.Supreme Court of South Dakota.Considered on Briefs October 20, 1994. Decided December 28, 1994. Appeal from the Third Judicial Circuit Court, Codington County, Robert L. Timm, J. William E. Coester, Milbank, for appellee. Roger W. Ellyson, Jr., Codington […]
AMDAHL v. SARGES, 405 N.W.2d 638 (1987)
Uydene M. AMDAHL and Roger D. Amdahl, as Guardians Ad Litem for Darin D. Amdahl, A Minor, Plaintiffs and Appellants, v. Jennifer R. SARGES, Defendant and Appellee. No. 15291.Supreme Court of South Dakota.Considered on Briefs November 20, 1986. Decided May 6, 1987. Appeal from the Circuit Court, Second Judicial Circuit, Minnehaha County, Robert C. Heege, […]
ANDERSON v. BOARD OF PARDONS AND PAROLES, 1999 SD 41
590 N.W.2d 915 DAVID LYNN ANDERSON, Petitioner and Appellant, v. SOUTH DAKOTA BOARD OF PARDONS AND PAROLES, Appellee. Supreme Court of South Dakota.Considered on Briefs February 24, 1999; Opinion Filed April 7, 1999. Appeal from the Second Judicial Circuit, Minnehaha County, SD, Hon. Gene Paul Kean, Judge, #20536 — Affirmed. Nichole Carper, Minnehaha County Public […]
STATE v. TRIBITT, 327 N.W.2d 132 (1982)
STATE of South Dakota, Plaintiff and Appellee, v. Willard Randolph TRIBITT, a/k/a Randy Tribitt, Defendant and Appellant. No. 13671.Supreme Court of South Dakota.Considered on Briefs September 7, 1982. Decided December 15, 1982. Appeal from the Circuit Court, Third Judicial Circuit, Deuel County, Dale E. Bradshaw, J. Page 133 Curtis G. Wilson, Asst. Atty. Gen., Mark […]
GUTHMILLER v. SOUTH DAKOTA DEPT. OF TRANSP., 502 N.W.2d 586 (1993)
Harold J. GUTHMILLER, Claimant and Appellant, v. SOUTH DAKOTA DEPARTMENT OF TRANSPORTATION, Employer and Appellee. No. 18032.Supreme Court of South Dakota.Considered on Briefs March 17, 1993. Decided June 30, 1993. Reconsideration Denied August 5, 1993. Appeal from the Circuit Court, Sixth Judicial District, Hughes County, Steven L. Zinter, J. Page 587 Greg L. Peterson, Bantz, […]
FED. FARM MORT. CORP. v. NOEL, 66 S.D. 481 (1939)
285 N.W. 871 FEDERAL FARM MORTGAGE CORPORATION, Appellant v. NOEL, et al, Respondents File No. 8206.Supreme Court of South Dakota. Opinion filed May 24, 1939. 1. Mortgages. A mortgage foreclosure sale can be conducted at any hour designated in notice between 9 o’clock a.m. and 5 o’clock p.m. (Rev. Code 1919, § 2881.) 2. Pleading. […]
IN RE SECURITY BANK OF WINNER, 59 S.D. 622 (1932)
241 N.W. 743 In Re SECURITY BANK OF WINNER, SOUTH DAKOTA. File No. 7391.Supreme Court of South Dakota. Opinion filed March 29, 1932. 1. Judicial Sales. Circuit court held authorized under statute, on confirmation of judicial sale of bank property, to accept in open court higher bid than previously accepted by superintendent of banks (Laws […]
PETERSEN v. HOHF, 64 S.D. 272 (1936)
266 N.W. 252 PETERSEN, Appellant, v. HOHF, Respondent. File No. 7770.Supreme Court of South Dakota. Opinion filed April 2, 1936. Constitutional Law. Plaintiff suing physician more than two years after alleged malpractice could not attack constitutionality of statute requiring action against physician, surgeon, dentist, hospital, or sanitarium for malpractice to be brought within two years […]
LEHR v. DEPARTMENT OF LABOR OF STATE OF S.D., 391 N.W.2d 205 (1986)
In the Matter of the Grievance of Marilyn LEHR, Grievant and Appellant, v. DEPARTMENT OF LABOR OF the STATE OF SOUTH DAKOTA, Employer and Appellee. No. 15172.Supreme Court of South Dakota.Submitted on Briefs May 20, 1986. Decided July 24, 1986. Appeal from the Circuit Court, Fifth Judicial Circuit, Brown County, Mildred Ramynke, J. Page 206 […]
SAMPSON v. EXON, 71 S.D. 149 (1946)
22 N.W.2d 734 Re POULSEN’S Estate SAMPSON, Appellant, v. EXON, Respondent File No. 8822.Supreme Court of South Dakota.Opinion filed May 6, 1946. Rehearing Denied June 15, 1946. 1. Executors and Administrators. Where bid was not made nor reported to court until several days after hearing on petition of administratrix for confirmation of sale, the bid […]