Category: South Dakota Supreme Court Opinions

In the Matter of the Revocation of the Driver’s License of Richard J. HOPEWELL. No. 14742.Supreme Court of South Dakota. November 20, 1985. Appeal from the Circuit Court of the Second Judicial Circuit, Minnehaha County, Eugene L. Martin, J. Page 813 Sherri L. Sundem, Asst. Atty. Gen., Pierre, for appellee State of S.D.; Mark V. […]

Margaret J. CONWAY, Plaintiff and Appellant, v. Gerald J. CONWAY, Defendant and Appellee. No. 17639.Supreme Court of South Dakota.Submitted on Briefs February 11, 1992. Decided June 17, 1992. Appeal from the Circuit Court of the Second Judicial District, Minnehaha County, Richard D. Hurd, J. Michael A. Hauck of Davenport, Evans, Hurwitz and Smith, Sioux Falls, […]

190 N.W.2d 57 BYRE, Respondent v. WIECZOREK, Appellant File No. 10882.Supreme Court of South Dakota. Opinion filed September 2, 1971 Order denying petition for rehearing November 5, 1971 1. Damages. In determining a present allowance for loss of future earnings, factors to be considered include life expectancy, future earnings or income (or earnings lost), prospective […]

754 N.W.2d 813 Charles E. SISNEY, Plaintiff and Appellant, v. Tim REISCH South Dakota Secretary of Corrections (in both his official and individual capacities), and Douglas Weber Director of Prison Operations for South Dakota, (in both his official and individual capacities), Defendants and Appellees. No. 24683.Supreme Court of South Dakota.Considered on Briefs March 26, 2008. […]

791 N.W.2d 645 Michael ARNOLDY and Ann Arnoldy, Plaintiffs and Appellees, v. Daniel R. MAHONEY, Defendant and Appellant, and David Finneman, Connie Finneman, Chad Finneman, Rock Creek Farms General Partnership, Kenco, Inc. d/b/a Warne Chemical and Equipment, Co., Doug Kroeplin Ag Services, Inc. and Don Holloway, in his representative capacity as Pennington County Sheriff, Defendants. […]

591 N.W.2d 810 CLEONE KAY PEKELDER, Plaintiff and Appellee, v. HARVEY LYLE PEKELDER, Defendant and Appellant. Supreme Court of South Dakota.Considered on Briefs December 3, 1998; Opinion Filed April 7, 1999. Page 811 Appeal from the Fifth Judicial Circuit, Brown County, SD, Hon. Eugene E. Dobberpuhl, Judge, #20491 — Affirmed. Joseph P. Barnett, Ryan N. […]

677 N.W.2d 593 FT. PIERRE QUALITY CONSTRUCTION, INC., MID-CENTURY INSURANCE CO., Plaintiffs and Appellees, v. JOHN ACKLEY, Defendant and Appellant. No. 22869.Supreme Court of South Dakota.Considered on Briefs on January 12, 2004. Opinion Filed March 17, 2004. Appeal from the Circuit Court of the Sixth Judicial Circuit Hughes County, South Dakota, the Honorable Lori S. […]

648 N.W.2d 329 SHIRLEY R. BROWN, Plaintiff and Appellant, v. JOAN POWELL and JAMES S. DONOVAN, Defendants and Appellees, and BENITA DONOVAN, Defendant. No. 22018Supreme Court of South Dakota.Considered On Briefs On February 11, 2002. Opinion Filed June 26, 2002. Appeal From The Circuit Court Of The Sixth Judicial Circuit Potter County, South Dakota. Honorable […]

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 […]

State v. Hammer No. 25397.Supreme Court of South Dakota. June 1, 2010. Abstracts of Summary Dispositions Affirmed (WGJ)

90 N.W.2d 78 MELLGREN PLUMBING SHOP, Inc., Respondent v. LEWIS AND TINSLEY, Inc., Appellant File No. 9658.Supreme Court of South Dakota. Opinion filed May 10, 1958 Page 194 Appeal from Circuit Court, Pennington County; Hon. E.W. Christol, Judge. Affirmed. Bangs, McCullen, Butler, Rapid City, for Defendant and Appellant. Roswell Bottum, Burnell H. Hendricksen, Rapid City, […]

612 N.W.2d 600 AUDRA K. MARTINMAAS, n/k/a Audra Martinmaas Sparks, Plaintiff and Appellee, v. GARY ENGELMANN, Defendant and Appellant. Nancy Froning and Greg Froning, Plaintiffs and Appellees, v. Gary Engelmann, Defendant and Appellant. Natalie Bertsch and Brian Bertsch, Plaintiffs and Appellees, v. Gary Engelmann, Defendant and Appellant. Nos. 20953-20955Supreme Court of South Dakota.Argued January 13, […]

674 N.W.2d 320 STATE OF SOUTH DAKOTA, Plaintiff and Appellee, v. DAMIEN GARBER, Defendant and Appellant. No. 22693Supreme Court of South Dakota.Considered on briefs on November 17, 2003 Opinion Filed January 7, 2004 Appeal from the Circuit Court of the First Judicial Circuit Union County, South Dakota, Honorable Glen W. Eng Judge. Page 321 LAWRENCE […]

588 N.W.2d 870 STATE OF SOUTH DAKOTA, Plaintiff and Appellee, v. ROBERT STEICHEN, Defendant and Appellant. Supreme Court of South Dakota.Argued September 15, 1998 Opinion Filed December 23, 1998 Appeal From the Fourth Judicial Circuit, Aurora County, S.D. Hon. Ronald K. Miller, Judge #20347 — Affirmed. Page 871 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES […]

Charles DOW, a/k/a Charles D. Dow, Plaintiff and Appellee, v. Gerald NOBLE and Janet Noble, Defendants and Appellants. Nos. 14660, 14670.Supreme Court of South Dakota.Argued March 6, 1985. Decided January 15, 1986. Rehearing Denied February 18, 1986. Appeal from the Circuit Court, Fifth Judicial Circuit, Edmunds County, Leland J. Berndt, J. Roy A. Wise of […]

Larry VAN EMMERIK, for Himself, and All Others Similarly Situated, Plaintiff and Appellant, v. MONTANA DAKOTA UTILITIES CO., a Corporation, et al., Defendants and Appellees, and Larry VAN EMMERIK, for Himself and All Others Similarly Situated, Plaintiff and Appellant, v. BLACK HILLS POWER AND LIGHT COMPANY, et al., Defendants and Appellees. Nos. 13614, 13615.Supreme Court […]

576 N.W.2d 886 Ali SABHARI and Sabhari Enterprises, Inc., Plaintiffs and Appellants, v. Mahmoud SAPARI; Farris Properties, Inc., a South Dakota corporation, Defendants and Appellees. Nos. 20177, 20198.Supreme Court of South Dakota.Argued February 19, 1998. Decided April 8, 1998. Appeal from the Circuit Court, Second Judicial Circuit, Minnehaha County, Peter H. Lieberman J. Page 887 […]

12 N.W.2d 761 In Re ENGEBRETSON’S ESTATE ENGEBRETSON, et al, Respondents, v. GRAFF, et al, Appellants File No. 8658.Supreme Court of South Dakota. Opinion filed January 17, 1944. 1. Executors and Administrators. Services of attorneys employed by certain heirs in setting aside judgment obtained by another heir against estate and recovering judgment for estate against […]

624 N.W.2d 826 Burlington Northern Railroad Company Plaintiff and Appellee v. Shirley Green, Fall River County Treasurer, Defendant and Appellant and Franklin Manke, Intervenor and Appellant Nos. 21604-21606, 21609-21611, 21613-21615, 21631Supreme Court of South Dakota.Argued on February 14, 2000. Opinion Filed April 18, 2001. Appeal from the Circuit Court of The Seventh Judicial Circuit Fall […]

146 N.W.2d 739 THORSON, Appellant v. MAXWELL HARDWARE COMPANY et al., Respondents File No. 10290.Supreme Court of South Dakota. Opinion filed November 28, 1966 1. Mechanics’ Liens. Since mechanics’ liens are creatures of statute they do not attach to property unless materials are furnished or labor performed by lien claimant under contract, express or implied, […]

139 N.W.2d 232 STATE, Respondent v. JOHNSON, Appellant File No. 10153.Supreme Court of South Dakota. Opinion filed December 31, 1965 1. Witnesses. Permitting cross-examination of defendant concerning prior petit larceny offense and period in jail did not constitute abuse of trial court’s discretion since matter inquired about tended to contradict claim of defendant, charged with […]

Supreme Court of South Dakota. FISCAL YEAR 1989 (Fourth Quarter) ABSTRACTS OF SUMMARY DISPOSITIONS Pursuant to SDCL 15-26A-87.1(A) and (B), 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 sections are […]

33 N.W.2d 563 WILHELM, Respondent, v. JOHNSON, et al., Appellants File No. 8953.Supreme Court of South Dakota.Opinion filed August 17, 1948. Rehearing Denied October 12, 1948. 1. Stipulations. A stipulation for dismissal of action could not operate as dismissal in absence of authority for effective delivery thereof. 2. Stipulations. Evidence supported finding that stipulation for […]

Dianne HOWELL and Don Howell, Plaintiffs and Appellees, v. CARDINAL INDUSTRIES, INC. and Cardinal Plastics, Inc., Defendants and Appellants. No. 17942.Supreme Court of South Dakota.Considered on Briefs January 11, 1993. Decided March 17, 1993. Appeal from the Circuit Court, Walworth County, Eugene E. Dobberpuhl, J. Mark K. Kroontje of Seiler Cain, Herreid, for plaintiffs and […]

STATE of South Dakota, Plaintiff and Appellee, v. William R. CODY, Defendant and Appellant. No. 12572.Supreme Court of South Dakota.Argued November 9, 1979. Decided June 11, 1980. Rehearing Denied July 17, 1980. Appeal from the Circuit Court of the Sixth Judicial Circuit, Hughes County, Robert A. Miller, J. Page 441 Brent A. Wilbur, Sp. Asst. […]

203 N.W.2d 793 STATE, Respondent v. BONRUD et al., Appellants File Nos. 11152, 11158.Supreme Court of South Dakota. Opinion filed January 23, 1973 Appeal from Circuit Court of Minnehaha County; Hon. Francis G. Dunn, Judge. Page 131 David V. Vrooman, Sioux Falls, for defendant-appellant Bonrud. Russell D. Kading, Sioux Falls, for defendant-appellant Moeller. Gordon Mydland, […]

Linda L. FAJARDO, Plaintiff and Appellee, v. Ray CAMMACK, Individually and d/b/a Ray Cammack Shows, Defendant and Appellant. No. 13438.Supreme Court of South Dakota.Argued October 21, 1981. Decided August 11, 1982. Rehearing Denied September 10, 1982. Page 874 Appeal from the Circuit Court, Seventh Judicial Circuit, Pennington County, Merton B. Tice, Jr., J. Franklin J. […]

Roy WEST, Claimant and Appellant, v. JOHN MORRELL COMPANY and The State of South Dakota, Department of Labor, Division of Labor and Management, Respondents and Appellees. No. 16932.Supreme Court of South Dakota.Considered on Briefs May 24, 1990. Decided September 19, 1990. Appeal from the Circuit Court of the Second Judicial District, Minnehaha County, Richard D. […]

793 N.W.2d 57 Leon R. FEIST and Becky Lemieux-Feist, Petitioners and Appellees, v. Zachary E. LEMIEUX-FEIST, Respondent, and Ashley Fousek, Respondent and Appellee, and State of South Dakota, Intervenor and Appellant. No. 25530.Supreme Court of South Dakota.Argued October 5, 2010. Decided December 29, 2010. Rehearing Denied March 21, 2011. Appeal from the Seventh Judicial Circuit […]

757 N.W.2d 151 Tova L. HEISS, Plaintiff and Appellant, v. Andrew J. HEISS, Defendant and Appellee. No. 24781.Supreme Court of South Dakota.Considered on Briefs on August 26, 2008. Decided October 8, 2008. Appeal from the Circuit Court of the Sixth Judicial Circuit, Stanley County, Mark Barnett, J. Rose Ann Wendell, Pierre, South Dakota, Attorney for […]

146 N.W.2d 54 IN RE ESTATE OF PETERSON File No. 10314.Supreme Court of South Dakota. Opinion filed November 4, 1966 1. Courts. When appeal is on questions of law in matters of probate, record is brought up for review and appellate court may reverse, affirm or modify determination appealed from, but when appeal is on […]

54 N.W.2d 172 SCHIEVELBEIN, Respondent, v. BOOS et al., Appellants File No. 9281.Supreme Court of South Dakota. Opinion filed June 24, 1952. Rehearing denied July 22, 1952. Appeal from Circuit Court, Minnehaha County; Hon. George A. Rice, Judge. Judgment reversed. Tom Kirby, Blaine Simons, Louis H. Smith, Sioux Falls, for Appellants. Henry C. Mundt, Danforth […]

695 N.W.2d 217 Dale McMILLIN, as Personal Representative of the Estate Of Roger McMillin, and Roland Heinert and Darlene Heinert, as the Special Administrator of the Estate of Duane Heinert, Plaintiffs and Appellants, v. Frank MUELLER, Individually and as an Agent of Mueller Feed Mill, Inc.; Fred Mueller Individually and as an Agent of Mueller […]

IN RE NM. No. 23796.Supreme Court of South Dakota. May 1, 2006. Affirmed (MBT). Page 899

STATE of South Dakota, plaintiff and Appellee, v. Daniel J. DuBOIS, Defendant and Appellant. No. 13067.Supreme Court of South Dakota. Decided January 28, 1981. Appeal from the Circuit Court, Seventh Judicial Circuit, Pennington County, Marshall P. Young, J. Lori S. Wilbur, Asst. Atty. Gen., Pierre, for plaintiff and appellee; Mark V. Meierhenry, Atty. Gen., Pierre, […]

BARTON MASONRY, INC., v. Robert VARILEK. No. 14583.Supreme Court of South Dakota.Argued November 27, 1984. Decided October 16, 1985. Rehearing Denied November 19, 1985. Appeal from the Eight Judicial Circuit Court, Meade County, Scott C. Moses, J. Page 201 Gary G. Colbath of Banks Johnson, Rapid City, for plaintiff and appellee. George Beal, Rapid City, […]

556 N.W.2d 84 GRAND STATE PROPERTY, INC., a South Dakota Corporation, Plaintiff and Appellant, v. WOODS, FULLER, SHULTZ, SMITH, P.C., David C. Kroon, and James M. Wiederrich, Defendants and Appellees. No. 19467.Supreme Court of South Dakota.Considered on Briefs May 23, 1996. Decided December 4, 1996. Appeal from the Circuit Court, Second Judicial Circuit, Minnehaha County, […]

21 N.W.2d 61 DAILEY et al, Respondents, v. RYAN, Appellant File No. 8747.Supreme Court of South Dakota.Opinion filed December 17, 1945. Rehearing Denied March 4, 1946. 1. States. In dealing with a compact between states, which employs broad general terms to describe a boundary line, the court has no other function than to declare and […]

NORTHWEST REALTY COMPANY, a corporation, Plaintiff and Appellant, v. John M. CARTER and Isabelle L. Carter, Defendants and Appellees. Nos. 13870, 13872.Supreme Court of South Dakota.Argued February 15, 1983. Decided September 28, 1983. Appeal from the Circuit Court, Seventh Judicial Circuit, Custer County, Marshall P. Young, J. Scott N. Heidepriem and Herbert A. Heidepriem of […]

658 N.W.2d 410 PAUL HASSE, d/b/a COYOTE VENDING AND LOTTERY COMPANY, Plaintiff and Appellant, v. FRATERNAL ORDER OF EAGLES #2421 OF VERMILLION, SOUTH DAKOTA, Defendant and Appellee, 22469Supreme Court of South Dakota.Considered On Briefs On January 13, 2003. Opinion Filed February 26, 2003. Appeal From The Circuit Court Of The First Judicial Circuit Clay County, […]

583 N.W.2d 405 PRAIRIE LAKES HEALTH CARE SYSTEM, INC., Plaintiff and Appellee, v. Dwight R. WOOKEY, Defendant and Appellant, and Harold K. Wookey and Merna L. Wookey, Defendants. Nos. 20172, 20173.Supreme Court of South Dakota.Argued March 23, 1998. Decided August 19, 1998. Appeal from the Circuit Court, Third Judicial Circuit, Clark County, Robert L. Timm, […]

In the Matter of the ESTATE OF Elmer G. PIERCE, Deceased. No. 18840.Supreme Court of South Dakota.Considered on Briefs January 9, 1995. Decided May 10, 1995. Appeal from the Sixth Judicial Circuit Court, Sully County, James W. Anderson, J. Page 574 A. William Spiry and Dana J. Frohling of Spiry Frohling, Britton, for appellant Dennis […]

State v. Garcia. No. 24095.Supreme Court of South Dakota. February 21, 2007. Abstracts of Summary Dispositions. Affirmed Count I Remanded Count II (PHL).

STATE of South Dakota, ex rel. Karen A. JOSEPH, formerly Karen A. Christenson Redwing, Plaintiff and Appellee, v. Norman REDWING, Defendant and Appellant. No. 15879.Supreme Court of South Dakota.Considered on Briefs January 15, 1988. Decided September 14, 1988. Appeal from the Circuit Court, Fifth Judicial Circuit, Brown County, Eugene E. Dobberpuhl, J. Gary L. Gellhaus, […]

James SCOTT, d/b/a Scott Construction Company, Plaintiff and Appellant, v. Loyd R. WAGNER, M.D. and Donna D. Wagner, Defendants and Respondents. No. 12332.Supreme Court of South Dakota. January 18, 1979. Appeal from the Circuit Court, Eighth Judicial Circuit, Lawrence County, R.E. Brandenburg, J. A.P. Fuller of Kellar, Kellar, Fuller Amundson, Lead, for plaintiff and appellant. […]

5 N.W.2d 30 WORMSTADT, Respondent, v. SECURITY INSURANCE CO. OF NEW HAVEN, Appellant File No. 8531.Supreme Court of South Dakota. Opinion filed July 27, 1942. 1. Insurance. A fire policy providing that it shall be void if “assigned before loss” is not avoided by an agreement to assign the policy, where no legal assignment is […]

Forgey v. Doerr. No. 25055.Supreme Court of South Dakota. June 1, 2009. Abstracts of Summary Dispositions Affirmed (JLB).

681 N.W.2d 471 FRED H. OLSON, Jr. and JENNIFER OLSON, Plaintiffs and Appellants, v. EQUITABLE LIFE ASSURANCE CO., CHRIS JUNG in his individual capacity as SHERIFF OF JONES COUNTY, SOUTH DAKOTA and CHRIS JUNG in his official capacity as SHERIFF OF JONES COUNTY, SOUTH DAKOTA, Defendants and Appellees. Nos. 22963, 22974Supreme Court of South Dakota.Argued […]

54 N.W.2d 325 Application of SVOBODA File No. 9254.Supreme Court of South Dakota. Opinion filed July 7, 1952. Page 445 Appeal from Circuit Court, Brule County; Hon. R.C. Bakewell, Judge. Reversed with directions. Stordahl, May Boe, R.G. May, Sioux Falls, for Appellant. H. Lauren Lewis, Sioux Falls, for Respondents. RUDOLPH, J. The Public Utilities Commission […]

550 N.W.2d 70 Richard Norman ST. CLOUD, Applicant and Appellant, v. Joe CLASS, Warden, South Dakota State Penitentiary, Appellee. No. 19288.Supreme Court of South Dakota.Argued March 13, 1996. Decided May 29, 1996. Appeal from the Circuit Court, Sixth Judicial Circuit, Lyman County, Max A. Gors, J. Page 71 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES […]

FOREST HOME CEMETERY ASSOCIATION, Plaintiff and Appellant, v. DARDANELLA FINANCIAL CORPORATION, Defendant and Appellee. Nos. 13663, 13669.Supreme Court of South Dakota.Considered on Briefs September 9, 1982. Decided February 16, 1983. Appeal from the Circuit Court, Second Judicial Circuit, Minnehaha County, Richard D. Hurd, J. Page 886 Dennis C. McFarland of McFarland Petersen, Sioux Falls, for […]

Sylvia NILSON, Claimant and Appellee, v. CLAY COUNTY and South Dakota Municipal League Workers Compensation Fund, Appellants. No. 18771.Supreme Court of South Dakota.Considered on Briefs November 30, 1994. Decided July 19, 1995. Appeal from the Circuit Court of the First Judicial Circuit, Turner County, Kathleen K. Caldwell, J. Page 599 Richard D. Hagerty of Hagerty […]

RAPID CITY JOURNAL COMPANY, a corporation, Petitioner, v. The CIRCUIT COURT OF the SEVENTH JUDICIAL CIRCUIT WITHIN AND FOR PENNINGTON COUNTY, South Dakota, and the Honorable Merton B. Tice, Jr., Judge of Said Court, Respondents. No. 12353.Supreme Court of South Dakota.Argued September 18, 1978. Reassigned January 11, 1979. Decided September 26, 1979. Page 564 Richard […]

Supreme Court of South Dakota. FISCAL YEAR 1998 (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 […]

Judson O. MABEE, M.D., and Joan Funk, Plaintiffs and Appellants, v. Milen MILLER, Defendant and Appellee. No. 13937.Supreme Court of South Dakota.Considered on Briefs April 21, 1983. Decided October 12, 1983. Appeal from the Circuit Court, Fourth Judicial Circuit, Davison County, Marshall Gerken, J. E. Steeves Smith of Tinan, Padrnos, Smith Saukerson, Mitchell, for plaintiffs […]

ESTATE OF Shana M. LINDSAY, deceased, by Ruth SCHLEICHER, Administratrix ad Litem for Estate of Shana M. Lindsay, Ruth Schleicher, Bannon Lynn Lindsay, by his Guardian ad Litem, Ruth Schleicher, and Adonna Irene Davis, Plaintiffs and Appellants, v. Brad D. MOLLER, Defendant, and Donald C. Grantham, d/b/a Donald’s Liquor, Lillie I. Norman, and Stuart J. […]

STATE of South Dakota, Plaintiff and Appellee, v. Bennie BREED, Defendant and Appellant. Nos. 15198, 15199.Supreme Court of South Dakota.Considered on Briefs October 22, 1986. Decided January 7, 1987. Appeal from the Circuit Court, Third Judicial Circuit, Beadle County, Irvin N. Hoyt, J. Grant E. Gormley, Chief Deputy Atty. Gen., Barry Vlasman, Legal Intern, Mark […]

691 N.W.2d 586 The PEOPLE of the State of South Dakota, ex rel SOUTH DAKOTA DEPARTMENT OF SOCIAL SERVICES In the Interests of J.G.R., a Minor Child, and Concerning M.R. and C.R., Respondents. No. 23209.Supreme Court of South Dakota.Considered on Briefs October 28, 2004. Decided December 22, 2004. Appeal from the Circuit Court, Sixth Judicial […]

697 N.W.2d 378 Don FRANKENFELD, individually and on behalf of all others similarly situated, Plaintiff and Appellee, v. CROMPTON CORPORATION, Uniroyal Chemical Company, Inc., Uniroyal Chemical Company Limited, Defendants and Appellants, Bayer Ag, Bayer Corporation, Rhein Chemie Rheinau Gbmh and Rhein Chemie Corporation, Defendants, and Flexsys NV and Flexsys America LP, Defendants and Appellants. Nos. […]

The PEOPLE of the State of South Dakota In the Interest of M.J.B., Jr. and V.B., Minor Children, and Concerning M.J.B., Sr. and C.B. and the South Dakota Department of Social Services. No. 14556.Supreme Court of South Dakota. Considered on Briefs October 24, 1984. Decided March 20, 1985. Appeal from the Eighth Judicial Circuit Court, […]

Coyle W. DUNCAN, Plaintiff, Respondent and Cross-Appellant, v. PENNINGTON COUNTY HOUSING AUTHORITY, Aukerman and Mazourek, Inc., Dan J. Brutger, John A. Wahl, Richard E. Schreifels, Norman A. Beekley, Joel Marthaler, Don Schaefer, Gary Nelson, Dale Barck, and Tom Rentz, Defendants. AUKERMAN AND MAZOUREK, INC., Defendant, Third Party Plaintiff, Appellant and Cross-Respondent, v. DAN J. BRUTGER, […]

70 N.W.2d 326 SCOTT, Respondent v. ZION EVANGELICAL LUTHERAN CHURCH et al., Appellants File No. 9464.Supreme Court of South Dakota. Opinion filed May 18, 1955. 1. Internal Revenue. Rights of the United States do not extend beyond those of taxpayer whose property is sought to be subjected to its liens. 26 U.S.C.A. §§ 3670, 3671, […]

609 N.W.2d 765 TODD H. ALBRECHT, Plaintiff and Appellee, v. JILL N. ALBRECHT, Defendant and Appellant. No. 21018Supreme Court of South Dakota.Considered on Briefs February 14, 2000. Opinion Filed April 26, 2000. Appeal from the Third Judicial Circuit, Kingsbury County, SD Hon. Eugene L. Martin, Judge, #21018 — Affirmed in part; Reversed in part Page […]

591 N.W.2d 798 GLENN FUERSTENBERG, Plaintiff and Appellee, v. JILL FUERSTENBERG, n/k/a Jill Harberts, Defendant and Appellant. Supreme Court of South Dakota.Considered on Briefs September 17, 1998; Opinion Filed March 24, 1999. Corrected Opinion Appeal from the First Judicial Circuit, Lincoln County, SD Hon. Kathleen K. Caldwell, Judge, #20300 — Affirmed in part; Reversed in […]

In re OH. No. 24589.Supreme Court of South Dakota. February 19, 2008. Affirmed (PCR).

22 N.W.2d 725 JOHNSON, Appellant, v. CHICAGO NORTHWESTERN RAILWAY COMPANY, et al, Respondent File No. 8803.Supreme Court of South Dakota.Opinion Filed May 6, 1946. Rehearing Denied June 8, 1946. 1. Trial. The test of right to direct a verdict is whether the court would be bound to set a verdict aside as against the evidence, […]

In the Matter of the GUARDIANSHIP OF Alice M. SASSE. Nos. 14149, 14176 and 14547.Supreme Court of South Dakota.Considered on Briefs October 25, 1984. Decided February 20, 1985. Appeal from the Circuit Court, Seventh Judicial Circuit, Pennington County, Thomas Parker, J. Page 210 Ronald Clabaugh of Bangs, McCullen, Butler, Foye Simmons, Rapid City, for appellant […]