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. […]
Category: South Dakota Supreme Court Opinions
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 […]
WADDELL v. DEWEY COUNTY BANK, 471 N.W.2d 591 (1991)
Dick WADDELL, Plaintiff and Appellant, v. DEWEY COUNTY BANK, a state banking corporation; Mabsco Agricultural Services Corp., a corporation; and Rabobank of the Netherlands, a foreign banking corporation, Defendants and Appellees. No. 17305.Supreme Court of South Dakota.Considered on Briefs April 24, 1991. Decided June 12, 1991. Appeal from the Circuit Court, Eighth Judicial Circuit, Dewey […]
WESSINGTON SPRINGS EDUCATION ASSOCIATION v. DISTRICT, 467 N.W.2d 101 (1991)
WESSINGTON SPRINGS EDUCATION ASSOCIATION, Petitioner and Appellee, v. WESSINGTON SPRINGS SCHOOL DISTRICT # 36-2, Respondent and Appellant. No. 17029.Supreme Court of South Dakota.Considered on Briefs November 29, 1990. Decided March 6, 1991. Appeal from the Circuit Court, Fourth Judicial Circuit, Jerauld County, Ronald K. Miller, J. Page 102 Linda Lea Viken of Finch, Viken, Viken […]
JONES V. S.D. CHILDREN’S HOME SOC., 90 S.D. 126 (1976)
238 N.W.2d 677 ESTATE OF EVANS JONES, Appellants v. S.D. CHILDREN’S HOME SOCIETY, SIOUX FALLS, et al., Respondents File Nos. 11576, 11658.Supreme Court of South Dakota. Opinion filed February 13, 1976 Page 127 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 128 […]
STATE v. FOREMAN, 68 S.D. 412 (1942)
3 N.W.2d 477 STATE OF SOUTH DAKOTA, Plaintiff, v. FOREMAN, Defendant (Original Proceeding) File No. 8561.Supreme Court of South Dakota. Opinion filed April 30, 1942. 1. Habeas Corpus. Application for habeas corpus alleging applicant was charged and convicted under statute punishing generally assaults with intent to kill, and that sentence was under statute punishing assault […]
HUTH v. HOFFMAN, 464 N.W.2d 637 (1991)
Charles M. HUTH, Plaintiff and Appellant, v. Lea Ann HOFFMAN, f/k/a Lea Ann Huth, Defendant and Appellee. No. 16947.Supreme Court of South Dakota.Considered on Briefs September 20, 1990. Decided January 2, 1991. Appeal from the Circuit Court of the Seventh Judicial Circuit, Custer County, Merton B. Tice, Jr., J. Rodney C. Lefholz, Rapid City, for […]
HOVERSTAD v. NATIONAL BANK, 76 S.D. 119 (1955)
74 N.W.2d 48 HOVERSTAD et al., Appellants v. THE FIRST NATIONAL BANK AND TRUST COMPANY, a Corporation, Respondents File No. 9500.Supreme Court of South Dakota. Opinion filed December 19, 1955. Rehearing denied February 16, 1956. Page 120 Appeal from Circuit Court, Minnehaha County; Hon. Roy. D. Burns, Judge. Plaintiffs, claiming to be first cousins or […]
STATE v. HICKEY, 287 N.W.2d 502 (1980)
STATE of South Dakota, Plaintiff and Respondent, v. Roland Joseph HICKEY, Defendant and Appellant. No. 12460.Supreme Court of South Dakota. Decided January 16, 1980. Appeal from the Circuit Court, Sixth Judicial Circuit, Lyman County, John B. Jones, J. Page 503 John P. Guhin, Asst. Atty. Gen., Pierre, for plaintiff and respondent; William J. Janklow, Atty. […]
WALSH v. SHOULDERS ET AL., 87 S.D. 270 (1973)
206 N.W.2d 60 WALSH, Appellant v. SHOULDERS et al., Respondents File No. 11092.Supreme Court of South Dakota. Opinion filed April 5, 1973 Appeal from the Circuit Court of Custer County; Hon. F. Thomas Parker, Judge. Page 271 BIEGELMEIER, Chief Justice. On the afternoon or evening of January 14, 1969, Helen Walsh, a spinster over 75 […]
COLE v. BD. OF ADJUSTMENT OF THE CITY OF HURON, 1999 SD 54
592 N.W.2d 175 CHRIS W. COLE, Petitioner and Appellee, v. BOARD OF ADJUSTMENT OF THE CITY OF HURON (the City Commission acting thereas), Defendant, and Casey’s General Stores, Inc., Intervenor and Appellant. Supreme Court of South Dakota.Considered on Briefs March 24, 1999 Opinion Filed April 28, 1999. Appeal from the Third Judicial Circuit, Beadle County, […]
KENEFICK v. MUTUAL TRUST L. INS. CO., 64 S.D. 325 (1936)
266 N.W. 675 KENEFICK, Respondent, v. MUTUAL TRUST LIFE INSURANCE COMPAN, Appellant. File No. 7806.Supreme Court of South Dakota. Opinion filed April 16, 1936. Insurance. Where time for paying premium had been extended by payment to insurer of insured’s dividend, giving of note for balance of premium, payable at expiration of period of extension, held […]
STATE v. DeMARSCHE, 68 S.D. 250 (1941)
1 N.W.2d 67 STATE, Respondent, v. DeMARSCHE, Appellant File No. 8470.Supreme Court of South Dakota. Opinion filed December 9, 1941. 1. Criminal Law. Under statute regarding enhanced punishment for habitual criminals, the enhanced punishment for subsequent offense is not “mandatory” but is left to trial court’s discretion. SDC 13.0611. 2. Criminal Law. Under statute regarding […]
DARROW v. SCHUMACHER, 495 N.W.2d 511 (1993)
Raymond M. DARROW, Plaintiff and Appellant, v. Donnie SCHUMACHER, Individually and in his official capacity; City of Deadwood, South Dakota, Defendants and Appellees. No. 17689.Supreme Court of South Dakota.Considered on Briefs May 27, 1992. Decided February 3, 1993. Rehearing Denied March 9, 1993. Page 512 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN […]
SCHUBLOOM v. DONAVON ASSOC., INC., 90 S.D. 414 (1976)
241 N.W.2d 710 SCHUBLOOM, Appellant v. DONAVON AND ASSOCIATES, INC., Respondent File No. 11636.Supreme Court of South Dakota. Opinion filed May 13, 1976 Page 415 Appeal from the Circuit Court of Minnehaha County; Hon. Richard Braithwaite, Judge. Reversed and remanded. Rodney J. Steele of Wilkinson Law Firm, De Smet, for plaintiff and appellant. Acie W. […]
MATTER OF S.T.B., 499 N.W.2d 903 (1993)
In the Matter of S.T.B., Alleged Neglected or Dependent Child, and concerning E.B. and A.B. No. 17642.Supreme Court of South Dakota.Considered on Briefs March 19, 1992. Reassigned November 3, 1992. Decided May 5, 1993. Appeal from the Third Judicial Circuit Court, Brookings County, Rodney J. Steele, J. Terry D. Wieczorek, Brookings, for appellant A.B. M.E. […]
GRUWELL ET UX., v. HINDS, 81 S.D. 6 (1964)
130 N.W.2d 92 GRUWELL et ux., Appellants v. HINDS, Respondent File No. 10138.Supreme Court of South Dakota. Opinion filed August 24, 1964 Rehearing denied October 16, 1964 1. Courts. Test for determining jurisdiction of court is ordinarily nature of case as made by complaint and relief sought. 2. Judgment. Statute extending equity power of state […]
WEBER v. SOUTH DAKOTA DEPT. OF LABOR, 304 N.W.2d 420 (1981)
Al WEBER d/b/a Al Weber Construction, Appellee, v. SOUTH DAKOTA DEPARTMENT OF LABOR, UNEMPLOYMENT INSURANCE DIVISION, Appellant. No. 13132.Supreme Court of South Dakota.Submitted on Briefs February 18, 1981. Decided April 15, 1981. Appeal from the Circuit Court, Sixth Judicial Circuit, Potter County, Patrick J. McKeever, J. Craig E. Smith, Gettysburg, for appellee. Julie M. Johnson, […]
STATE v. HUBER, 789 N.W.2d 283 (S.D. 2010)
STATE of South Dakota, Plaintiff and Appellee, v. Kenneth C. HUBER, Defendant and Appellant. No. 25116.Supreme Court of South Dakota.Argued On May 25, 2010. Decided July 28, 2010. Appeal from the Circuit Court, Sixth Judicial District, Hyde County, James W. Anderson, J. Page 284 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL […]
STATE v. ONKEN, 2008 SD 112
757 N.W.2d 765 STATE of South Dakota, Plaintiff and Appellee, v. Kasey L. ONKEN, Defendant and Appellant. No. 24807.Supreme Court of South Dakota.Argued October 1, 2008. Decided November 12, 2008. Appeal from the Circuit Court, Seventh Judicial Circuit, Pennington County, John J. Delaney, J. Page 766 Lawrence E. Long, Attorney General, Frank Geaghan, Assistant Attorney […]
ALTHEN v. CITY OF MT. VERNON, 73 S.D. 299 (1950)
42 N.W.2d 231 ALTHEN, Appellant, v. CITY OF MT. VERNON, et al., Respondents File No. 9080.Supreme Court of South Dakota. Opinion filed April 11, 1950. Page 300 Appeal from Circuit Court, Davison County; Hon. A.B. Beck, Judge. Action by John Althen against the City of Mt. Vernon. From a judgment for defendants, the plaintiff appeals, […]
GLANZER v. ST. JOSEPH INDIAN SCHOOL, 438 N.W.2d 204 (1989)
Greer and Alan GLANZER, Plaintiffs and Appellants (# 16170) v. ST. JOSEPH INDIAN SCHOOL, Defendant, Dehon Industries, Inc., Defendant and Appellant (# 16196). Nos. 16170, 16196.Supreme Court of South Dakota.Argued November 29, 1988. Decided March 22, 1989. Appeal from the Circuit Court, Fourth Judicial Circuit, Brule County, Marshall M. Gerken, J. Page 205 Albert Steven […]
PEOPLE IN INTEREST OF P.B., 339 N.W.2d 121 (1983)
PEOPLE of the State of South Dakota In the Interest of P.B., Jr., A Child, and Concerning P.B., Father. No. 14001.Supreme Court of South Dakota.Considered on Briefs September 13, 1983. Decided October 19, 1983. Appeal from the Circuit Court of the Seventh Judicial Circuit, Pennington County, Marshall Young, J. Page 122 Michael J. Williams, Asst. […]
HANHART v. HANHART, 501 N.W.2d 776 (1993)
Karel Anthony HANHART, Plaintiff and Appellant, v. Donna Rochelle HANHART, Defendant and Appellee. No. 17996.Supreme Court of South Dakota.Considered on Briefs February 10, 1993. Decided June 16, 1993. Appeal from the Fifth Judicial Circuit Court, Brown County, David Gilbertson, J. Page 777 H.I. King of Tonner, Tobin and King, Aberdeen, for plaintiff and appellant. Julie […]
BOSWORTH v. HAGERTY, 78 S.D. 157 (1959)
99 N.W.2d 334 BOSWORTH, Appellant v. HAGERTY, Respondent File No. 9759.Supreme Court of South Dakota. Opinion filed November 18, 1959 Page 158 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 159 Appeal from Circuit Court, Aurora County; Hon. Walter H. Seacat, Judge. […]
STATE v. LOPEZ, 790 N.W.2d 241 (S.D. 2010)
State v. Lopez No. 25438.Supreme Court of South Dakota. August 30, 2010. Abstracts of Summary Dispositions Affirmed (BGZ)
ESTATE OF NELSON, 1996 SD 27
544 N.W.2d 882 In the Matter of the Estate of Lois A. NELSON, Deceased. Nos. 19143, 19165.Supreme Court of South Dakota.Considered on Briefs October 19, 1995. Decided March 20, 1996. Page 883 Appeal from the Circuit Court of the First Judicial Circuit, Yankton County, South Dakota, Honorable Arthur L. Rusch, Judge. Alice L. Rokahr of […]
LINK v. L.S.I., 2010 SD 103
793 N.W.2d 44 Jay E. LINK, Plaintiff and Appellant, v. L.S.I., INC., a South Dakota Corporation, John E. Link, Troy J. Link, John A. Hermeier, Lawrence J. Jarvela, Terry L. Smith, Douglas Walz and John Doe Defendants 1-5, Defendants and Appellees. Jay E. Link, Plaintiff and Appellee, v. L.S.I., Inc., a South Dakota Corporation, John […]
JONES v. CLASS, 1998 SD 55
578 N.W.2d 154 Eric D. JONES, a/k/a Jerome Michael Jackson, Petitioner and Appellant, v. Joseph P. CLASS, Warden of the South Dakota Penitentiary, Appellee. No. 20064.Supreme Court of South Dakota.Argued March 25, 1998. Decided May 27, 1998. Appeal from the Circuit Court, Second Judicial Circuit, Minnehaha County, Glen A. Severson, J. Page 155 [EDITORS’ NOTE: […]
IN RE EDWIN L. BROWN, 64 S.D. 87 (1936)
264 N.W. 521 IN THE MATTER OF THE DISBARMENT OF EDWIN L. BROWN. File No. 7791.Supreme Court of South Dakota. Opinion filed January 11, 1936. 1. Attorney and Client. Where licensed attorney, permitted to practice law in Wyoming because of his license in South Dakota, was subsequently suspended in Wyoming, law of comity would require […]
S.D. PUBLIC ASSUR. ALLIANCE v. AURORA CTY., 2011 SD 53
803 N.W.2d 612 SOUTH DAKOTA PUBLIC ASSURANCE ALLIANCE, Plaintiff and Appellee, v. AURORA COUNTY, a Subdivision of the State of South Dakota, Defendant and Appellant, and E.L. Thompson Farms, Ltd., Defendant. No. 25795.Supreme Court of South Dakota.Considered on Briefs August 11, 2011. Decided August 31, 2011. Page 613 Appeal from the First Judicial Circuit Court, […]
HEHN v. ABERDEEN GLASS CO., 74 S.D. 50 (1951)
48 N.W.2d 827 HEHN, Respondent, v. ABERDEEN GLASS CO. et al., Appellant File No. 9225.Supreme Court of South Dakota. Opinion filed July 23, 1951. Page 51 Appeal from Circuit Court, Brown County; Hon. Harold King, Judge. Reversed and remanded with directions. Tom Kirby, Blaine Simons, Gene McDonnell, Sioux Falls, for Appellants. Max Stokes, Aberdeen, for […]
DEADWOOD LODGE NO. 508, ETC. v. ALBERT, 319 N.W.2d 823 (1982)
DEADWOOD LODGE NO. 508 BENEVOLENT AND PROTECTIVE ORDER OF ELKS OF the UNITED STATES OF AMERICA, a South Dakota Corporation, Plaintiff and Appellee, v. William J. ALBERT, a/k/a W. Alberts, and Wabec, Inc., a South Dakota Corporation, Defendant and Appellant. Nos. 13537, 13546.Supreme Court of South Dakota.Argued February 22, 1982. Decided May 26, 1982. Appeal […]
BUCKINGHAM WOOD v. S.D. STATE BD., ETC., 310 N.W.2d 588 (1981)
BUCKINGHAM WOOD PRODUCTS, INC., Appellee, v. SOUTH DAKOTA STATE BOARD OF EQUALIZATION, Appellant. No. 13211.Supreme Court of South Dakota.Argued March 18, 1981. Decided September 30, 1981. Appeal from the Circuit Court, Seventh Judicial Circuit, Fall River County, Jeff W. Davis, J. Allen G. Wilson, Hot Springs, for appellee. John Dewell, Asst. Atty. Gen., Pierre, for […]
GROSS v. GROSS, 491 N.W.2d 751 (1992)
Rodger W. GROSS, Valerie (Gross) Nordhus, and Diana Kay Thoen, Plaintiffs and Appellees, v. Betty Ann GROSS, Defendant and Appellant. No. 17824.Supreme Court of South Dakota.Considered on Briefs September 1, 1992. Decided October 28, 1992. Appeal from the Circuit Court of the Third Judicial Circuit, Codington County, Robert L. Timm, J. Allen J. Eide of […]
WOODBINE SAVINGS BANK v. YAGER, 61 S.D. 1 (1932)
245 N.W. 917 WOODBINE SAVINGS BANK, Respondent, v. YAGER, et al, Appellants. File No. 6973.Supreme Court of South Dakota. Opinion filed December 13, 1932. 1. Appeal and Error. Question whether appellant has appealable interest is jurisdictional, and may be heard for first time on rehearing. 2. Appeal and Error. Right of appeal is statutory, and […]
FEDERAL LAND BANK v. MOGCK, 66 S.D. 514 (1939)
286 N.W. 332 THE FEDERAL LAND BANK OF OMAHA, Appellant, v. MOGCK, Respondent File No. 8197.Supreme Court of South Dakota. Opinion filed June 8, 1939. 1. Mortgages. In mortgagee’s action at law against mortgagor to recover deficiency due on mortgage notes after applying thereon proceeds of foreclosure sale, allegation in mortgagor’s answer that price paid […]
WELCH v. AUTOMOTIVE CO., 528 N.W.2d 406 (1995)
James D. WELCH, Employee, Claimant, and Appellant, v. AUTOMOTIVE COMPANY, Employer and Appellee, and St. Paul Fire and Marine Insurance Company, Insurer and Appellee. No. 18860.Supreme Court of South Dakota.Considered on Briefs January 10, 1995. Decided March 8, 1995. Page 407 Appeal from the Circuit Court of Eighth Judicial Circuit, Perkins County, Timothy R. Johns,J. […]
STATE v. PHILBRICK, 722 N.W.2d 378 (S.D. 2006)
State v. Philbrick. 23908.Supreme Court of South Dakota. September 05, 2006. Affirmed (JSF).
B.W. v. MEADE COUNTY, 534 N.W.2d 595 (1995)
B.W., as Guardian Ad Litem of L.W., a minor, Plaintiff and Appellant, v. MEADE COUNTY; Jamie Davis; Alan Sheffield; and an Unknown Law Enforcement Officer, Defendants and Appellees. No. 18941.Supreme Court of South Dakota.Considered on Briefs April 25, 1995. Decided July 19, 1995. Rehearing Denied August 18, 1995. Appeal from the Seventh Judicial Circuit Court, […]
KRAMAR v. BON HOMME CO. ET AL., 83 S.D. 112 (1968)
155 N.W.2d 777 KRAMAR, Respondent v. BON HOMME COUNTY et al., Appellants File No. 10510.Supreme Court of South Dakota. Opinion filed January 22, 1968 Page 113 Appeal from Circuit Court, Bon Homme County; Hon. James R. Bandy, Judge. Elmer Gemar, Springfield, for defendants and appellants. Blaine Simons, Sioux Falls, for plaintiff and respondent. Frank L. […]
STATE v. FONSECA, 694 N.W.2d 878 (S.D. 2005)
STATE v. FONSECA. No. 23392.Supreme Court of South Dakota. March 28, 2005. Affirmed (JN). Page 879 Page 44
GRAHAM v. NESS, 703 N.W.2d 371 (S.D. 2003)
GRAHAM v. NESS. No. 22577.Supreme Court of South Dakota. May 5, 2003. Affirmed (KKC).
PETERSEN v. SIOUX VALLEY HOSPITAL ASSOCIATION, 491 N.W.2d 467 (1992)
Nalonni PETERSEN, Plaintiff and Appellant, v. SIOUX VALLEY HOSPITAL ASSOCIATION, Defendant and Appellee. No. 17570.Supreme Court of South Dakota.Considered on Briefs on Rehearing August 31, 1992. Decided October 21, 1992. Appeal from the Second Judicial Circuit Court, Minnehaha County, Richard D. Hurd, J. Rita Haverly Allen of Hagen, Wilka, Schreier Archer, P.C., Sioux Falls, for […]
WARD CO., INC. v. DEPARTMENT OF REVENUE, 284 N.W.2d 883 (1979)
WARD COMPANY, INC., d/b/a Ward Motor-Inn, Respondent, v. DEPARTMENT OF REVENUE, State of South Dakota, Appellant. No. 12612.Supreme Court of South Dakota.Argued September 13, 1979. Decided November 7, 1979. Appeal from the Circuit Court, Fifth Judicial Circuit, Brown County, Philo Hall, J. Carlyle E. Richards of Ronayne Richards, Aberdeen, for respondent. Gene R. Woodle, Asst. […]
BANEY v. COOLEY ET AL., 80 S.D. 616 (1964)
129 N.W.2d 536 BANEY, Appellant v. COOLEY et al., Respondents File No. 10130.Supreme Court of South Dakota. Opinion filed July 6, 1964 Appeal and Error. Appeal was dismissed and judgment affirmed where it was suggested that appellant had died, that appellant’s attorney had withdrawn Page 617 and that executrix had retained other attorneys, and no […]
STATE v. RUFENER, 392 N.W.2d 424 (1986)
STATE of South Dakota, Plaintiff and Appellee, v. Eugene RUFENER, Defendant and Appellant. No. 15039.Supreme Court of South Dakota.Considered on Briefs March 17, 1986. Decided August 13, 1986. Rehearing Granted September 30, 1986. Appeal from the Circuit Court, Second Judicial Circuit, Minnehaha County, Gene Paul Kean, J. Page 425 Mark A. Moreno, Asst. Atty. Gen., […]
STATE v. ELOE, 59 S.D. 440 (1932)
240 N.W. 486 STATE, Respondent, v. ELOE, Appellant. File No. 7114.Supreme Court of South Dakota. Opinion filed January 30, 1932. Criminal Law. Allegedly prejudicial remarks of trial court must be reviewed upon affidavits, and not upon settled record (Rev. Code 1919, § 2556, and § 2555, subd. 1). Remarks of court must be reviewed upon […]
FORD v. HOCHSTETTER, 85 S.D. 4 (1970)
176 N.W.2d 501 FORD, Appellant v. HOCHSTETTER, Respondent File No. 10704.Supreme Court of South Dakota. Opinion filed April 14, 1970 Page 5 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 6 Appeal from Circuit Court, Walworth County; Hon. H. E. Mundt, Judge. […]
STATE v. MARTIN, 2003 SD 153
674 N.W.2d 291 STATE OF SOUTH DAKOTA, Plaintiff and Appellee, v. JOHN BRYON MARTIN, Defendant and Appellant. Nos. 22736, 22744Supreme Court of South Dakota.Argued November 18, 2003 Opinion Filed December 30, 2003 Appeal from the Circuit Court of the Fourth Judicial Circuit, Lawrence County, South Dakota, Honorable Warren G. Johnson, Judge. Appeal from the Circuit […]
BURKARD v. DELL RAPIDS, 76 S.D. 56 (1955)
72 N.W.2d 308 BURKARD, Appellant v. CITY OF DELL RAPIDS Respondent File No. 9519.Supreme Court of South Dakota. Opinion filed October 12, 1955. Appeal from Circuit Court, Minnehaha County; Hon. Roy D. Burns, Judge. Action against city for negligent maintenance of city gas plant. From the granting of city’s motion for judgment on the pleadings, […]
STATE v. SCHMIEDT, 525 N.W.2d 253 (1994)
STATE of South Dakota, Plaintiff and Appellee, v. Scott SCHMIEDT, Defendant and Appellant. No. 18630.Supreme Court of South Dakota.Considered on Briefs October 20, 1994. Decided December 14, 1994. Appeal from the Circuit Court of the Fourth Judicial Circuit, Davison County, Lee D. Anderson, J. Mark W. Barnett, Atty. Gen., Craig M. Eichstadt, Deputy Atty. Gen., […]
MATTER OF STATE CITY SALES TAX LIABILITY, 437 N.W.2d 209 (1989)
In the Matter of the STATE AND CITY SALES TAX LIABILITY OF QUALITY SERVICE RAILCAR REPAIR CORPORATION. No. 16101.Supreme Court of South Dakota.Considered on Briefs October 14, 1988. Decided March 15, 1989. Appeal from the Sixth Judicial Circuit Court, Hughes County, Steven Zinter, J. Page 210 Timothy T. Weber, Asst. Atty. Gen., Roger A. Tellinghuisen, […]
NOLL v. BRENDE, 318 N.W.2d 319 (1982)
Rhonda NOLL and Randall Noll, Plaintiffs and Appellees, v. Betty BRENDE, Defendant and Appellant. No. 13531.Supreme Court of South Dakota.Considered On Briefs February 25, 1982. Decided April 21, 1982. Appeal from the Circuit Court, Second Judicial Circuit, Minnehaha County, Richard D. Hurd, J. David O. Carter, Sioux Falls, for plaintiffs and appellees. L. Anthony Weisensee, […]
KROGSTAD v. N.W. MUT. LIFE INS. CO., 63 S.D. 541 (1935)
261 N.W. 758 KROGSTAD, et al, Appellants, v. THE NORTHWESTERN MUTUAL LIFE INSURANCE COMPANY, Respondent. File No. 7815.Supreme Court of South Dakota. Opinion filed June 25, 1935. Appeal and Error. Where respondent obtained, nearly three months, after certified copy of notice of appeal was filed, order to show cause why appeal should not be dismissed, […]
BALDWIN v. PITTS, 70 S.D. 375 (1945)
17 N.W.2d 913 BALDWIN, Appellant v. PITTS, et al., Respondents File No. 8716.Supreme Court of South Dakota.Opinion filed March 9, 1945. Rehearing Denied April 17, 1945. 1. Workmen’s Compensation. Where minor son employee, who had been living with his parents, had earned more than $600 the year preceding his death, all of which money had […]
ALBERS v. KUPER, 518 N.W.2d 745 (1994)
Sharon A. ALBERS, Plaintiff and Appellant, v. Myron KUPER and Ruth Kuper, Defendants and Appellees. No. 18166.Supreme Court of South Dakota.Submitted on Briefs on November 30, 1993. Decided June 29, 1994. Appeal from the Circuit Court, First Judicial Circuit, Lincoln County, Richard Bogue, J.,. Page 746 David M. Buechler, Parker, and Robert A. Christenson of […]
ALEXANDER v. STORM, 62 S.D. 13 (1933)
250 N.W. 372 In re STORM’S ESTATE. ALEXANDER, Respondent, v. STORM, Appellant. File No. 7490.Supreme Court of South Dakota. Opinion filed October 9, 1933. 1. Executors and Administrators. Failure of executrix to inventory all property in her possession applicable to payment of debts held not ground for revocation of letters testamentary. 2. Executors and Administrators. […]
SCISSONS v. CITY OF COLOME, 60 S.D. 415 (1932)
244 N.W. 543 SCISSONS, Respondent, v. CITY OF COLOME, SOUTH DAKOTA, Appellant. File No. 7271.Supreme Court of South Dakota. Opinion filed October 10, 1932. 1. Municipal Corporations. Whether municipal corporation is liable for unauthorized acts of officers and agents depends upon nature of act complained of. 2. Eminent Domain. City may lawfully acquire right to […]
RICH v. RICH, 62 S.D. 32 (1933)
251 N.W. 187 RICH, Respondent, v. RICH, et al, Appellants. File No. 7473.Supreme Court of South Dakota. Opinion filed December 5, 1933. Appeal from Circuit Court, Minnehaha County; HON. JOHN T. MEDIN, Judge. H.C. Mundt and W.O. Knight, all of Sioux Falls, for Appellants. T.R. Johnson, of Sioux Falls, for Respondent. PER CURIAM. This is […]
IN RE TESTING ACCOMMODATIONS OF LAFLEUR, 2006 SD 86
722 N.W.2d 559 In re REASONABLE TESTING ACCOMMODATIONS OF Terry Lee LaFLEUR. No. 23701.Supreme Court of South Dakota.Argued April 25, 2006. Decided September 20, 2006. Rehearing Denied October 31, 2006. Page 560 Dominic M. Smith, South Dakota Advocacy Services, Sioux Falls, South Dakota, Attorney for applicant and appellant. James D. Leach, Board of Bar Examiners, […]
CORDELL v. WEBER, 2003 SD 143
673 N.W.2d 49 STEPHEN CORDELL, Petitioner and Appellant, v. DOUGLAS WEBER, Warden, South Dakota State Penitentiary, Respondent and Appellee. No. 22742Supreme Court of South Dakota. Considered on Briefs on August 25, 2003 Opinion Filed December 10, 2003 Appeal from the Ciruit Court of the Third Judicial Circuit Codington County, South Dakota, Honorable Jon R. Erickson […]
ROSS v. FOSS, 77 S.D. 358 (1958)
92 N.W.2d 147 ROSS, Respondent v. FOSS, Appellant File No. 9680.Supreme Court of South Dakota. Opinion filed September 15, 1958 Rehearing denied October 22, 1958. Page 359 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 360 Appeal from Circuit Court, Minnehaha County; […]
ELLENS v. LIND, 66 S.D. 515 (1939)
286 N.W. 322 ELLENS, et al, Respondents, v. LIND, et al, Appellants File No. 8209.Supreme Court of South Dakota. Opinion filed June 9, 1939. Appeal and Error. In action on note, judgment for plaintiff on fact finding, warranted by record, that payee of note never signed, executed and delivered purported release of defendant from payment […]
STATE v. BOYLES, 260 N.W.2d 642 (1977)
STATE of South Dakota, Plaintiff and Respondent, v. Victor Allen BOYLES, Defendant and Appellant. No. 12097Supreme Court of South Dakota. December 30, 1977. Appeal from the Circuit Court of the Sixth Judicial Circuit, Stanley County, Patrick J. McKeever, J. Judith Atkinson, Asst. Atty. Gen., Pierre, for plaintiff and respondent; William J. Janklow, Atty. Gen., Peter […]