John WHITE EAGLE, Petitioner and Appellant, v. STATE of South Dakota, Plaintiff and Respondent. No. 12597.Supreme Court of South Dakota.Argued April 20, 1979. Decided June 21, 1979. Appeal from the Sixth Judicial Circuit Court, Haakon County, Robert A. Miller, J. Page 660 John P. Guhin, Asst. Atty. Gen., Pierre, for plaintiff and respondent; Mark V. […]
Category: South Dakota Supreme Court Opinions
STATE v. ANDERSON, 1998 SD 98
583 N.W.2d 151 STATE of South Dakota, Plaintiff and Appellee, v. Lee Iver ANDERSON, Defendant and Appellant. No. 20121.Supreme Court of South Dakota.Considered on Briefs April 29, 1998. Decided August 19, 1998. Appeal from the Circuit Court, Second Judicial Circuit, Minnehaha County, Glen A. Severson, J. Page 152 Mark Barnett, Attorney General, Sherri Sundem Wald, […]
SHAW v. BRISBINE, 63 S.D. 470 (1935)
260 N.W. 710 SHAW, Respondent, v. BRISBINE, et al, Appellants. File No. 7768.Supreme Court of South Dakota. Opinion filed May 4, 1935. 1. Evidence. It is common knowledge that a considerable part of the business of surety companies is the writing of fidelity bonds. 2. Banks and Banking. Statute requiring bank officers and employees to […]
ZAR v. S.D. BD. OF EXAMINERS OF PSYCHOLOGISTS, 376 N.W.2d 54 (1985)
Dr. David ZAR, Plaintiff and Appellee, v. SOUTH DAKOTA BOARD OF EXAMINERS OF PSYCHOLOGISTS, Defendant and Appellant. No. 14732.Supreme Court of South Dakota.Considered on Briefs September 10, 1985. Decided October 30, 1985. Appeal from the First Judicial Circuit Court, Yankton County, Riley W. Connelly, J. Gerald L. Reade of Brady, Kabeiseman, Reade Johnson, Yankton, for […]
FOSTER LUMBER CO., INC. v. GLAD, 303 N.W.2d 815 (1981)
FOSTER LUMBER COMPANY, INC., Plaintiff and Appellee, v. Malcolm W. GLAD, Defendant and Appellant, and Kenneth Olson, partners under the firm name and style of Exterior Designers, Defendant. No. 13154.Supreme Court of South Dakota.Considered on Briefs February 17, 1981. Decided April 1, 1981. Appeal from the Circuit Court, Seventh Judicial Circuit, Pennington County, Jeff W. […]
PETITION OF LARSON, 295 N.W.2d 733 (1980)
In the Matter of the Petition of Shirley Jean LARSON for the change of her surname. No. 12881.Supreme Court of South Dakota.Argued April 18, 1980. Decided August 20, 1980. Appeal from the Circuit Court, Second Judicial Circuit, Minnehaha County, Wayne W. Christensen, J. Robert E. Hayes of Davenport, Evans, Hurwitz Smith, Sioux Falls, for appellant, […]
STATE v. KIGGINS, 86 S.D. 612 (1972)
200 N.W.2d 243 STATE, Respondent v. KIGGINS, Appellant File No. 11044.Supreme Court of South Dakota. Opinion filed August 30, 1972 Page 613 Appeal from the circuit court of Minnehaha County; Hon. Francis G. Dunn, Judge. William D. Kenyon, Sioux Falls, for defendant and appellant. Gordon Mydland, Atty. Gen., Frances M. Niemoller, Asst. Atty. Gen., Pierre, […]
BOCK v. SELLERS, 66 S.D. 450 (1939)
285 N.W. 437 BOCK, Respondent v. SELLERS, et al, Appellants File No. 8179.Supreme Court of South Dakota. Opinion filed April 20, 1939. 1. Automobiles. In action by pedestrian for injuries when struck by automobile while crossing street, testimony of sheriff, who arrived shortly after accident, that skidmarks disclosed that brakes were set 72 feet beyond […]
HOFER v. SCHOOL DISTRICT, 76 S.D. 483 (1957)
81 N.W.2d 300 HOFER et al., Appellants v. BRIDGEWATER INDEPENDENT SCHOOL DISTRICT et al., Respondents File No. 9613.Supreme Court of South Dakota. Opinion filed March 4, 1957. 1. Schools and School Districts. The power delegated to the County Board of Education to change boundaries of school districts upon petition of majority of electors residing in […]
JASPER v. SMITH, 540 N.W.2d 399 (1995)
Kenneth E. JASPER (real party in interest), Appellant, v. Belva J. SMITH, Plaintiff and Appellee, v. Dale C. FINCK, Defendant. No. 18998.Supreme Court of South Dakota.Considered on Briefs September 14, 1995. Decided November 15, 1995. Appeal from the Circuit Court of the Seventh Judicial Circuit, Pennington County, Roland E. Grosshans, J. Page 400 Mark S. […]
MURPHY v. HOPKINS, 68 S.D. 494 (1942)
4 N.W.2d 801 MURPHY, Appellant, v. HOPKINS, et al, Respondents File No. 8498.Supreme Court of South Dakota. Opinion filed July 3, 1942. 1. Insurance. Provisions in automobile liability policy requiring the assistance and co-operation of assured in defense of an action against him are material provisions of the policy, the violation of which by assured […]
STATE v. SUTTON, 317 N.W.2d 414 (1982)
STATE of South Dakota, Plaintiff and Appellee, v. Edward William SUTTON, Defendant and Appellant. No. 13515.Supreme Court of South Dakota.Submitted on Briefs January 22, 1982. Decided March 17, 1982. Appeal from the Circuit Court, Sixth Judicial Circuit, Tripp County, Marvin S. Talbott, J. Mikal Hanson, Asst. Atty. Gen., Pierre, for plaintiff and appellee; Mark V. […]
STAHN v. FAIRMONT NAT. BANK, 367 N.W.2d 784 (1985)
Gordon R. STAHN, Plaintiff and Appellant, v. The FAIRMONT NATIONAL BANK, A Bank Corporation in the State of Minnesota, Defendant and Appellee. No. 13759.Supreme Court of South Dakota.Considered on Briefs March 21, 1985. Decided May 15, 1985. Rehearing Denied June 21, 1985. Appeal from the Circuit Court, Fifth Judicial Circuit, Roberts County, Philo I. Hall, […]
MATTER OF ESTATE OF O’KEEFE, 1998 SD 92
583 N.W.2d 138 In The Matter of The ESTATE OF Walter O’KEEFE, Deceased. Nos. 20350, 20361.Supreme Court of South Dakota.Argued June 2, 1998. Decided August 12, 1998. Appeal from the Circuit Court, First Judicial Circuit, Turner County, Kathleen K. Caldwell, J. Richard D. Casey of Strange, Farrell, Johnson Casey, Sioux Falls, for appellants Gail and […]
BANK v. BUTTERFIELD, 77 S.D. 170 (1958)
88 N.W.2d 909 BANK OF AMERICA, Appellant v. BUTTERFIELD et ux., Respondents File No. 9667.Supreme Court of South Dakota. Opinion filed March 21, 1958 Appeal from Circuit Court, Beadle County; Hon. B.B. McClaskey, Judge. Affirmed. Page 171 Temmey Luby, Huron, for Appellant. Royhl, Benson Beach, Huron, for Respondents. RENTTO, P.J. [1] This action concerns the […]
MATTER OF S.L., 349 N.W.2d 428 (1984)
In the Matter of the Dependency and Neglect of S.L., H.L. and M.B., and Concerning their Mother L.B. No. 14246.Supreme Court of South Dakota.Considered on Briefs January 19, 1984. Decided May 23, 1984. Appeal from the Circuit Court of the Fifth Judicial Circuit, Brown County, Mildred Ramynke, J. Page 429 [EDITORS’ NOTE: THIS PAGE CONTAINS […]
STATE v. SATTER, 90 S.D. 485 (1976)
242 N.W.2d 149 STATE, Respondent v. SATTER, Appellant File No. 11543.Supreme Court of South Dakota. Opinion filed May 25, 1976 Appeal from the Circuit Court of Codington County; Hon. Gordon J. Mydland, Judge. Page 486 Affirmed. Peter H. Lieberman, Asst. Atty. Gen., Pierre, for plaintiff and respondent; William J. Janklow, Atty. Gen., Pierre on brief. […]
JEWEL TEA CO. v. GRISSOM, 66 S.D. 146 (1938)
279 N.W. 544 JEWEL TEA CO., Appellant, v. GRISSOM, et al, Respondents File No. 8093.Supreme Court of South Dakota. Opinion filed May 6, 1938. 1. Injunction. In the absence of a contract, an employer may maintain an action to restrain an employee from divulging trade secrets and processes and from using, in soliciting the customers […]
SHAW v. GEORGE, 82 S.D. 62 (1966)
141 N.W.2d 405 SHAW, Respondent v. GEORGE et al., Appellants File No. 10250.Supreme Court of South Dakota. Opinion filed March 28, 1966 1. Frauds, Statute of. Expression “an agreement for the leasing” in statute invalidating such agreements with respect to real property or interest therein for term longer than one year if not in writing […]
GRUBBS v. FOREMOST INSURANCE CO., 82 S.D. 98 (1966)
141 N.W.2d 777 GRUBBS, Respondent v. FOREMOST INSURANCE CO., Appellant File No. 10265.Supreme Court of South Dakota. Opinion filed April 27, 1966 I. Insurance. The words “repair” and “replace” used in a policy of insurance mean the restoration of insured property to substantially same condition in which it was immediately prior to the damage. 2. […]
STATE v. FEYEREISEN, 345 N.W.2d 58 (1984)
STATE of South Dakota, Plaintiff and Appellee, v. Gordon James FEYEREISEN, Defendant and Appellant. No. 14035.Supreme Court of South Dakota.Argued November 30, 1983. Decided March 7, 1984. Appeal from the Circuit Court, Sixth Judicial Circuit, Tripp County, Marvin S. Talbott, J. Page 59 Douglas E. Kludt, Asst. Atty. Gen., Pierre, for plaintiff and appellee; Mark […]
BARTELS v. WALKING, 703 N.W.2d 172 (S.D. 2002)
BARTELS v. WALKING. No. 21923.Supreme Court of South Dakota. January 15, 2002. Affirmed (KFT).
STATE v. GROVE, 703 N.W.2d 171 (S.D. 2001)
STATE v. GROVE. No. 21954.Supreme Court of South Dakota. November 13, 2001. Affirmed (RB).
FUERSTENBERG v. FUERSTENBERG, 1999 SD 35
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, 747 N.W.2d 147 (S.D. 2008)
In re OH. No. 24589.Supreme Court of South Dakota. February 19, 2008. Affirmed (PCR).
JOHNSON v. C. NW. RY. CO., 71 S.D. 132 (1946)
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, […]
ALENDAL v. MADSEN, 65 S.D. 502 (1937)
275 N.W. 352 ALENDAL, Respondent, v. MADSEN, Appellant. File No. 7999.Supreme Court of South Dakota. Opinion filed October 5, 1937. 1. Automobiles. Plaintiff’s pleadings in action for injuries to boy struck by defendant’s automobile were sufficient and evidence of speed at which defendant was driving admissible, though complaint did not allege exact speed (Laws 1929, […]
MATTER OF GUARDIANSHIP OF SASSE, 363 N.W.2d 209 (1985)
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 […]
BLOOD SYSTEMS v. DEPT. OF REVENUE, 1998 SD 82
582 N.W.2d 682 BLOOD SYSTEMS, INC., Appellee, v. SOUTH DAKOTA DEPARTMENT OF REVENUE, Appellant. No. 20041.Supreme Court of South Dakota.Submitted on Briefs December 2, 1997. Decided July 29, 1998. Appeal from the Circuit Court, Sixth Judicial Circuit, Hughes County, Steven L. Zinter, J. Page 683 Gene R. Bushnell of Costello, Porter, Hill, Heisterkamp and Bushnell, […]
BIEKER v. BIEKER, 703 N.W.2d 170 (S.D. 2001)
BIEKER v. BIEKER. No. 21804.Supreme Court of South Dakota. September 4, 2001. Affirmed (JKM).
BARNETT v. SIEWERT, 64 S.D. 507 (1936)
268 N.W. 425 BARNETT, Appellant, v. SIEWERT, et al, Respondents. File No. 7914.Supreme Court of South Dakota. Opinion filed July 11, 1936. 1. Statutes. Section of Liquor Control Act, providing that surety bonds required by act should be written by corporate surety company which has complied with statutory provisions relating to corporate surety companies, held […]
VERBOUWENS v. HAMM WOOD PRODUCTS, 334 N.W.2d 874 (1983)
Michael VerBOUWENS, Plaintiff and Appellant, v. HAMM WOOD PRODUCTS, Defendant and Appellee, and The Maryland Casualty Company, Baltimore, Maryland, Defendant. No. 13941.Supreme Court of South Dakota.Considered on Briefs April 20, 1983. Decided June 15, 1983. Appeal from the Circuit Court, Seventh Judicial Circuit, Pennington County, Thomas Parker, J. Page 875 Wayne F. Gilbert of Lehnert […]
WALSH v. CASEY, 64 S.D. 142 (1936)
264 N.W. 821 WALSH, Respondent, v. CASEY, Appellant. File No. 7851.Supreme Court of South Dakota. Opinion filed February 7, 1936. Appeal and Error. Where no other steps in prosecution of appeal had been taken several months after filing of notice of appeal and undertaking on appeal, appeal was abandoned and judgment appealed from was affirmed. […]
STATE v. LA CHANCE, 74 S.D. 588 (1953)
57 N.W.2d 45 STATE, Respondent, v. LA CHANCE, Appellant File No. 9293.Supreme Court of South Dakota. Opinion filed February 14, 1953. Appeal from Circuit Court, Clark County; Hon. W.W. Knight, Judge. Judgment affirmed. Hanten Henrikson, Watertown, for Appellant. Ralph A. Dunham, Atty. Gen. and Ed Barron, Asst. Atty. Gen., for Respondent. PER CURIAM. Defendant was […]
JOHN MORRELL CO. v. DEPT. OF LABOR, 460 N.W.2d 141 (1990)
JOHN MORRELL COMPANY, Employer and Appellant, v. SOUTH DAKOTA DEPARTMENT OF LABOR, UNEMPLOYMENT INSURANCE DIVISION, and Claimants Ray Handle, James M. Harris, Lawrence A. Hewer, Darwin Jaqua, Jim Knopf, Philip Langner, Jerome Nelson, Gerald Skilliman, et al., Appellees. No. 16581.Supreme Court of South Dakota.Argued October 18, 1989. Decided July 25, 1990. Rehearing Denied September 30, […]
SDDS, INC. v. STATE, 502 N.W.2d 852 (1993)
SDDS, INC., a South Dakota Corporation, Plaintiff and Appellee, v. STATE of South Dakota, George Mickelson, as Governor, Joyce Hazeltine, as Secretary of State, and Mark Barnett, as Attorney General for the State of South Dakota, Petitioners and Appellants. No. 17841.Supreme Court of South Dakota.Argued November 16, 1992. Reassigned April 6, 1993. Decided June 30, […]
SMET INS. CO. OF S.D. v. POURIER, 2011 SD 47
802 N.W.2d 447 SMET INSURANCE COMPANY OF SOUTH DAKOTA, Plaintiff and Appellee, v. Tabitha POURIER, Defendant and Appellant. No. 25783.Supreme Court of South Dakota.Argued on April 27, 2011. Decided August 17, 2011. Appeal from the 17th Judicial Circuit Court, Pennington County, Thomas L. Trimble, J. Jessica L. Larson of Beardsley Jensen Von Wald, Prof. LLC, […]
STATE v. WHITE MOUNTAIN, 477 N.W.2d 36 (1991)
STATE of South Dakota, Plaintiff and Appellee, v. Kevin J. WHITE MOUNTAIN, Defendant and Appellant. No. 17399.Supreme Court of South Dakota.Considered on Briefs September 12, 1991. Decided October 30, 1991. Appeal from the Circuit Court, First Judicial Circuit, Clay County, Richard Bogue, J. Page 37 Mark W. Barnett, Atty. Gen., Pierre, Gary R. Campbell, Asst. […]
NORTHERN FARM SUPPLY INC. v. SPRECHER, 307 N.W.2d 870 (1981)
NORTHERN FARM SUPPLY, INC., (# 13306) and Multi-States Builders, Inc., (# 13305), Plaintiffs and Appellees, v. Robert SPRECHER, (# 13296 and # 13297), Defendant and Appellant, and Beadle County A.S.C.S. of Huron, South Dakota; Wilson Redi-Mix of Miller, South Dakota; and the United States Government, by and through the Farmers Home Administration of Huron, South […]
SCHROEDER ET AL v. DONLIN, 79 S.D. 311 (1961)
111 N.W.2d 609 SCHROEDER et al., Respondents v. DONLIN, Appellant File No. 9925.Supreme Court of South Dakota. Opinion filed November 10, 1961 Page 312 Appeal from Circuit Court, Hand County; Hon. Jon Fosheim, Judge. Affirmed. Gene E. Pruitt and Acie W. Matthews, Sioux Falls, for Defendant-Appellant. Royhl, Benson Beach, Huron, for Plaintiffs-Respondents. BIEGELMEIER, J. Defendant […]
ABSTRACTS OF SUMMARY DISPOSITIONS, 1984, 388 N.W.2d 907 (1984)
Supreme Court of South Dakota. FISCAL YEAR 1984 (Fourth Quarter) ABSTRACTS OF SUMMARY DISPOSITIONS Pursuant to SDCL 15-26A-87.1(D), summary dispositions of appeals filed in the South Dakota Supreme Court may not be cited or relied upon as authority in any litigation in any court in South Dakota except when the decision establishes the law of […]
MARSO v. MARSO, 683 N.W.2d 423 (S.D. 2004)
MARSO v. MARSO. No. 22768.Supreme Court of South Dakota. January 20, 2004. Affirmed (GAS).
STATE v. EIDAHL, 486 N.W.2d 257 (1992)
STATE of South Dakota, Plaintiff and Appellant, v. Catherine J. EIDAHL, Defendant and Appellee. No. 17641.Supreme Court of South Dakota.Considered on Briefs March 16, 1992. Decided June 10, 1992. Appeal from the Circuit Court, Third Judicial Circuit, Beadle County, Eugene L. Martin, J. Mark Barnett, Atty. Gen., Jeffrey Hallem, Asst. Atty. Gen., Pierre, for plaintiff […]
JOHNSON v. CHICAGO N.W.R. CO., 72 S.D. 580 (1949)
38 N.W.2d 348 JOHNSON, Appellant, v CHICAGO N.W.R. CO. et al., Respondent File No. 8918.Supreme Court of South Dakota. Opinion filed March 18, 1949 1. Evidence. Evidence is called “hearsay” when its probative force depends, in whole or in part, on the competency and credibility of some person other than the witness by whom it […]
ACCOUNTS MANAGEMENT, INC. v. WILLIAMS, 484 N.W.2d 297 (1992)
ACCOUNTS MANAGEMENT, INC., Plaintiff and Appellee. v. Bill A. WILLIAMS, Defendant and Appellant, v. JOHN MORRELL AND CO., Garnishee. No. 17370.Supreme Court of South Dakota.Considered on Briefs September 9, 1991. Decided April 15, 1992. Appeal from the Second Judicial Circuit Court, Minnehaha County, Richard D. Hurd, J. Page 298 Mark Moreno of Schmidt, Schroyer, Colwill […]
STATE v. HARVEY, 85 S.D. 202 (1970)
179 N.W.2d 723 STATE, Respondent v. HARVEY, Appellant File No. 10744.Supreme Court of South Dakota. Opinion filed September 29, 1970 Appeal from Circuit Court, Pennington County; Hon. Thomas Parker, Judge. R. James Zieser, Asst. Atty. Gen., Pierre, for plaintiff and respondent; Gordon Mydland, Atty. Gen., on the brief. Horace R. Jackson, Rapid City, for defendant […]
STATE v. KISSNER, 390 N.W.2d 58 (1986)
STATE of South Dakota, Plaintiff and Appellant, v. Allen H. KISSNER, Defendant and Appellee. No. 14863.Supreme Court of South Dakota.Considered on Briefs September 13, 1985. Decided July 9, 1986. Rehearing Denied July 12, 1986. Appeal from the Circuit Court, Sixth Judicial Circuit, Hughes County, James W. Anderson, J. Page 59 Jeffrey P. Hallem, Asst. Atty. […]
OLSON v. WASTLUND, 62 S.D. 627 (1934)
256 N.W. 118 OLSON, Respondent, v. WASTLUND, Appellant. File No. 7664.Supreme Court of South Dakota. Opinion filed July 30, 1934. 1. Appeal and Error. Instruction to which no exceptions were taken became law of case. 2. Malicious Prosecution. In action for malicious prosecution, evidence that defendant knew of plaintiff’s unbalanced mental condition before plaintiff accosted […]
BENNETT v. MURDY, 61 S.D. 471 (1933)
249 N.W. 805 BENNETT, Respondent, v. MURDY, Appellant. File No. 7416.Supreme Court of South Dakota. Opinion filed August 12, 1933. 1. Physicians and Surgeons. Surgeon’s care and skill in severing and extracting turbinal bones from patient’s nasal cavity and preventing pieces thereof from falling into her throat and reaching lung held for jury. 2. Physicians […]
MATTER OF DISCIPLINE OF COACHER, 438 N.W.2d 549 (1989)
In the Matter of the Discipline of William H. COACHER as an Attorney at Law. No. 16298.Supreme Court of South Dakota.Argued February 15, 1989. Decided April 12, 1989. William H. Coacher, pro se at argument. Charles F. Carbiener, Vermillion, for respondent. R. James Zieser, Tyndall, for Disciplinary Bd. of the State Bar of South Dakota. […]
RUDEN v. DAVIS, 60 S.D. 230 (1932)
244 N.W. 267 RUDEN, Superintendent of Banks, Appellant, v. DAVIS, Respondent. File No. 7441.Supreme Court of South Dakota. Opinion filed September 16, 1932. Appeal and Error. Appeal wherein appellant filed no brief and no steps were taken within approximately three months after notice of appeal held abandoned. Appeal from Circuit Court, Beadle County. Action by […]
STATE v. ANDERBERG, 89 S.D. 247 (1975)
232 N.W.2d 254 STATE, Respondent v. ANDERBERG, Appellant File No. 11447.Supreme Court of South Dakota. Opinion filed August 22, 1975 Page 248 Appeal from the Circuit Court of Minnehaha County; Hon. Wayne W. Christensen, Judge. William J. Janklow, Atty. Gen., Max A. Gors, Asst. Atty. Gen., Pierre, Gene Paul Kean, State’s Atty., Sioux Falls, for […]
SUTHERLAND v. QUEEN OF PEACE HOSP., 1998 SD 26
576 N.W.2d 21 Lana SUTHERLAND, Employee and Appellee, v. QUEEN OF PEACE HOSPITAL, Employer and Appellant, and Presentation Sisters Worker’s Compensation Trust, Self-Insurer and Appellant. No. 20060.Supreme Court of South Dakota.Considered on Briefs December 3, 1997. Decided March 18, 1998. Rehearing Denied April 22, 1998. Page 22 Appeal from, the Circuit Court, Fourth Judicial Circuit, […]
ERICKSEN v. SIOUX FALLS, 70 S.D. 40 (1944)
14 N.W.2d 89 ERICKSEN, Appellant, v. CITY OF SIOUX FALLS, Respondent File No. 8529.Supreme Court of South Dakota.Opinion filed April 7, 1944. Rehearing Denied August 7, 1944. 1. Municipal Corporations. A resident taxpayer of city had right to maintain action against city, its governing board and private corporation to have contract between board and corporation […]
STATE v. MOUTTET, 372 N.W.2d 121 (1985)
STATE of South Dakota, Plaintiff and Appellee, v. Willis G. MOUTTET, Defendant and Appellant. No. 14697.Supreme Court of South Dakota.Argued April 9, 1985. Decided July 31, 1985. Appeal from the Circuit Court, First Judicial Circuit, Douglas County, E.W. Hertz, J. Page 122 Mark A. Moreno, Asst. Atty. Gen., Pierre, for plaintiff and appellee; Mark V. […]
LEE v. SIOUX FALLS MOTOR CO., 65 S.D. 401 (1937)
274 N.W. 614 LEE, Respondent, v. SIOUX FALLS MOTOR CO., A CORPORATION, Appellant. File No. 8017.Supreme Court of South Dakota. Opinion filed July 29, 1937. 1. Attorney and Client. The right to set off a judgment and the right to an attorney’s lien are regarded as dormant until actively asserted, and hence the superiority of […]
ESTATE OF WATSON, 2003 SD 142
673 N.W.2d 60 ESTATE OF BRIAN E. WATSON. No. 22662Supreme Court of South Dakota. Considered on Briefs on October 6, 2003 Opinion Filed December 10, 2003 Appeal from the Circuit Court of the Fourth Judicial Circuit Meade County, South Dakota, Honorable Jerome A. Eckrich Judge. Page 61 ROBERT A. HAIVALA, Haivala Law Firm, Sturgis, South […]
IN RE MEHRER, 252 N.W.2d 22 (1977)
In re Michael Richard MEHRER. No. 11854.Supreme Court of South Dakota.Argued October 14, 1976. Reassigned January 6, 1977. Decided April 1, 1977. Appeal from the Circuit Court, Hughes County, Sixth Judicial Circuit, Robert A. Miller, J. Judith Atkinson, Asst. Atty. Gen., Pierre, for appellant State of South Dakota; William J. Janklow, Atty. Gen., Pierre, on […]
MATTER OF J.Z., 410 N.W.2d 572 (1987)
In the Matter of J.Z., Alleged Dependent and Neglected Child. No. 15473.Supreme Court of South Dakota.Considered on Briefs April 24, 1987. Decided August 12, 1987. Rehearing Granted September 25, 1987. Appeal from the Circuit Court, Third Judicial District, Beadle County, Eugene L. Martin, J. Page 573 Douglas E. Kludt, of Churchill, Manolis Freeman, Huron, for […]
UNRUH CHIROPRACTIC v. DE SMET INS. CO., 2010 SD 36
782 N.W.2d 367 A. UNRUH CHIROPRACTIC CLINIC, Plaintiff and Appellee, v. DE SMET INSURANCE COMPANY OF SOUTH DAKOTA, Defendant and Appellant, and DE Smet Insurance Company of South Dakota, Third-Party Plaintiff and Appellant v. Henry Lentsch and Dorothy Lentsch, Third-Party Defendants. No. 25403.Supreme Court of South Dakota.Argued On March 24, 2010. Decided May 5, 2010. […]
STATE v. LOHNES, 432 N.W.2d 77 (1988)
STATE of South Dakota, Plaintiff and Appellee, v. Burton LOHNES, Defendant and Appellant. No. 15989.Supreme Court of South Dakota.Argued August 31, 1988. Decided November 23, 1988. Appeal from the Circuit Court of Seventh Judicial Circuit, Pennington County, Jeff Davis, J. Page 78 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF […]
STATE v. KLEINSASSER, 790 N.W.2d 240 (S.D. 2010)
State v. Kleinsasser No. 25415.Supreme Court of South Dakota. August 30, 2010. Abstracts of Summary Dispositions Affirmed (LSW)
STATE v. BLETHEN, 730 N.W.2d 150 (S.D. 2007)
State v. Blethen. No. 24128.Supreme Court of South Dakota. March 27, 2007. Abstracts of Summary Dispositions. Affirmed (JMK). Page 411
IN THE MATTER OF THE DISCIPLINE OF ARLIE J. BRENDE, 366 N.W.2d 500 (1985)
In the Matter of the DISCIPLINE OF Arlie J. BRENDE, as an Attorney at Law. No. 14639.Supreme Court of South Dakota.Argued December 12, 1984. Decided April 17, 1985. R. James Zieser, Atty. for the Disciplinary Bd., S.D. Bar Ass’n, Tyndall, for complainant. Laird Rasmussen, Moore, Rasmussen Sabers Kading, Sioux Falls, for respondent. FOSHEIM, Chief Justice. […]
ADRIAN v. McKINNIE, 2002 SD 10
639 N.W.2d 529 WALLACE ADRIAN, Plaintiff and Appellee, v. RICH McKINNIE and LYNN McKINNIE, Defendants and Appellants. No. 21963Supreme Court of South Dakota.Considered On Briefs On November 13, 2001. Opinion Filed January 23, 2002. Appeal From The Circuit Court Of The Seventh Judicial Circuit Custer County, South Dakota. Honorable John E. Fitzgerald Judge. Page 530 […]
DISCIPLINE OF DOROTHY, 2000 SD 23
605 N.W.2d 493 IN THE MATTER OF THE DISCIPLINE OF CHARLES L. DOROTHY, As An Attorney At Law. Supreme Court of South Dakota.Argued September 15, 1999; Opinion Filed February 9, 2000. Corrected March 6, 2000. ORIGINAL PROCEEDING #20479. Page 494 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, […]
FINCK v. NORTHWEST SCHOOL DIST. NO. 52-3, 417 N.W.2d 875 (1988)
Mr. and Mrs. Alton FINCK and the State Superintendent of Elementary and Secondary Education, Petitioners and Appellees, v. NORTHWEST SCHOOL DISTRICT NO. 52-3, Respondent and Appellant. Nos. 15667, 15675.Supreme Court of South Dakota.Considered on Briefs October 9, 1987. Decided January 6, 1988. Appeal from the Sixth Judicial Circuit Court, Hughes County, Robert Miller and Steven […]
WIECZOREK v. FAR. MUTUAL H.I. ASSN., 61 S.D. 211 (1933)
247 N.W. 895 WIECZOREK, Respondent, v. FARMERS’ MUTUAL HAIL INSURANCE ASSOCIATION, Appellant. File No. 7292.Supreme Court of South Dakota. Opinion filed April 18, 1933. 1. Insurance. By-laws of hail insurer, though giving insured 5 days after third notice to make payment of assessment, did not require further notice to suspend policy. By-laws required secretary to […]
CITY OF BRIDGEWATER v. MORRIS, INC., 1999 SD 64
594 N.W.2d 712 CITY OF BRIDGEWATER, Plaintiff and Appellee, v. MORRIS, INC. Defendant and Appellant, and Schmucker, Paul, Nohr Associates Defendant and Third-Party Plaintiff, v. Morris, Inc. Third-Party Defendant and Appellant. Supreme Court of South Dakota.Argued January 13, 1999; Opinion Filed May 26, 1999. Page 713 Appeal from the Fourth Judicial Circuit, McCook County, SD […]
STATE v. NAGEL, 279 N.W.2d 911 (1979)
STATE of South Dakota, Plaintiff and Respondent, v. Dayo D. NAGEL, Defendant and Appellant. No. 12525.Supreme Court of South Dakota.Argued April 18, 1979. Decided June 14, 1979. Appeal from the Circuit Court, Seventh Judicial Circuit, Pennington County, Joseph H. Bottum, J. Page 912 James E. McMahon, Asst. Atty. Gen., Pierre, Thomas J. Welk, Asst. Atty. […]
KINDSFATER v. BUTTE COUNTY, 458 N.W.2d 347 (1990)
In the Matter of the Tax Appeals of Marvin KINDSFATER and Sharee Kindsfater, Lyle H. Ruby, and Manuel Kindsfater, Taxpayers and Appellants, v. BUTTE COUNTY, South Dakota, Appellee. No. 16797.Supreme Court of South Dakota.Considered on Briefs March 21, 1990. Decided June 27, 1990. Appeal from the Circuit Court, Eighth Judicial Circuit, Butte County, Robert L. […]
REIF v. SMITH, 319 N.W.2d 815 (1982)
William G. REIF, d/b/a Reif Construction, and Marge Reif, Plaintiffs and Appellants, and First National Bank of the Black Hills, Plaintiff Intervenor, v. David A. SMITH and Patricia M. Smith, Defendants and Appellees. No. 13345.Supreme Court of South Dakota.Argued November 19, 1981. Decided May 26, 1982. Appeal from the Circuit Court, Eighth Judicial Circuit, Lawrence […]
TRI-STATE REFINING v. APALOOSA CO., 452 N.W.2d 104 (1990)
TRI-STATE REFINING AND INVESTMENT COMPANY, INC., Plaintiff and Appellee, v. APALOOSA COMPANY, a South Dakota Business Trust; Sioux Enterprises-Lorentz Opdahl; and Lorentz Opdahl, an Individual Person, Defendants and Appellants. No. 16628.Supreme Court of South Dakota.Argued October 17, 1989. Decided February 14, 1990. Appeal from the First Judicial Circuit Court, Lincoln County, Riley W. Connelly, J. […]
IN RE GB, 703 N.W.2d 171 (S.D. 2001)
IN RE GB. No. 21930.Supreme Court of South Dakota. September 21, 2001. Affirmed (JMK).
BEADLE COUNTY v. LLOYD, 59 S.D. 33 (1931)
238 N.W. 133 BEADLE COUNTY, Respondent, v. LLOYD, et al, Appellants. File Nos. 6814, 6816, 6817.Supreme Court of South Dakota. Opinion filed October 5, 1931. 1. Counties. Complaint on county treasurer’s bonds held not required to plead items making up treasurer’s shortage and term in which they occurred. The complaint was not defective in this […]