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; […]

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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 […]

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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 […]

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BOOS v. CLAUDE, 69 S.D. 254 (1943)

9 N.W.2d 262 BOOS, Respondent, v. CLAUDE, et al, Appellants File No. 8518.Supreme Court of South Dakota. Opinion filed April 24, 1943. 1. Judgment. Generally, a single wrongful or negligent act causing an injury to both person and property of same individual constitutes but one cause of action with separate items of damages and a […]

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STATE v. LITSCHEWSKI, 1999 SD 30

590 N.W.2d 899 STATE OF SOUTH DAKOTA, Plaintiff and Appellee, v. RICHARD V. LITSCHEWSKI, Defendant and Appellant. Supreme Court of South Dakota.Considered on Briefs December 1, 1998 Opinion Filed March 10, 1999. Appeal from the Fifth Judicial Circuit, Walworth County, SD Hon. Jack R. Von Wald, Judge, #20365 — Affirmed. Page 900 Mark Barnett, Attorney […]

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WILLIAMS v. DENHAM ET UX., 83 S.D. 518 (1968)

162 N.W.2d 285 WILLIAMS, Respondent v. DENHAM et ux., Appellants File No. 10407.Supreme Court of South Dakota. Opinion filed November 4, 1968 Page 519 Appeal from Circuit Court, Ziebach County; Hon. Leslie R. Hersrud, Judge. Donald J. Coleman, Dupree, for plaintiff and respondent. A. Coe Frankhauser, Gettysburg, for defendants and appellants. BIEGELMEIER, Judge. Plaintiff’s complaint […]

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SHOPPERS GUIDE v. S.D. DEPT. OF LABOR, 1996 SD 92

551 N.W.2d 584 In the Matter of the UNEMPLOYMENT LIABILITY OF SHOPPERS GUIDE, Appellant, v. SOUTH DAKOTA DEPARTMENT OF LABOR UNEMPLOYMENT INSURANCE DIVISION, Appellee. No. 19255.Supreme Court of South Dakota.Considered on Briefs January 11, 1996. Decided July 24, 1996. Appeal from the Circuit Court, Seventh Judicial Circuit, Pennington County, Jeff W. Davis, J. Page 585 […]

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TRAVIS v. MADDEN, 493 N.W.2d 717 (1992)

John C. TRAVIS and Joyce E. Travis, Husband and Wife, Plaintiffs and Appellees, v. Dennis MADDEN and Goldie Madden, Husband and Wife, and Terry Madden, Defendants and Appellants. No. 17764.Supreme Court of South Dakota.Considered on Briefs on October 5, 1992. Decided December 16, 1992. Appeal from the Fifth Judicial Circuit Court, Campbell County, Eugene E. […]

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KIRKSEY v. GROHMANN, 2008 SD 76

754 N.W.2d 825 Lorraine E. KIRKSEY, f/k/a Lorraine E. Bach, and Lucille E. Ruby, Plaintiffs and Appellants, v. Dorothy E. GROHMANN and Eileen C. Randell, Defendants and Appellees. No. 24600.Supreme Court of South Dakota.Argued on January. 9, 2008. Decided July 30, 2008. Appeal from the Circuit Court, Fourth Judicial Circuit, Butte County, John W. Bastian, […]

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HORNER v. TERPIN, 63 S.D. 309 (1934)

258 N.W. 140 HORNER, Appellant, v. TERPIN, et al, Respondents. File No. 7636.Supreme Court of South Dakota. Opinion filed December 29, 1934. 1. Counties. Holder of registered county warrants is entitled to payment thereof in order of their registration (Rev. Code 1919, §§ 6975, 6976). 2. Officers. Public officer failing without legal excuse to perform […]

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PEOPLE IN INTEREST OF W.Y.B., 515 N.W.2d 453 (1994)

The PEOPLE of the State of South Dakota In the Interest of W.Y.B., A Child and concerning B.Y.B. and L.Y.B. No. 18324.Supreme Court of South Dakota.Considered on Briefs February 15, 1994. Decided April 27, 1994. Appeal from the Circuit Court of the Sixth Judicial Circuit, Bennett County, Donald L. Heck, J. Eric Antoine, Dakota Plains […]

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ST. PAUL FIRE MARINE INS. v. SCHILLING, 520 N.W.2d 884 (1994)

ST. PAUL FIRE AND MARINE INSURANCE COMPANY, Plaintiff and Appellee, v. Jason SCHILLING, Pamela K. Godfrey, and Farmers Insurance Exchange, Defendants and Appellants. and YMCA of Rapid City, South Dakota, Defendant. Nos. 18492, 18508.Supreme Court of South Dakota.Argued April 25, 1994. Decided August 10, 1994. Rehearing Denied September 14, 1994. Appeal from the Circuit Court, […]

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BROWN v. FOWLER, 279 N.W.2d 907 (1979)

Donald W. BROWN and Bette L. Brown, Plaintiffs and Appellants, v. Jerry D. FOWLER and Diamond J. Enterprises, a corporation, Defendants and Respondents. No. 12306.Supreme Court of South Dakota.Submitted on Brief April 27, 1978. Decided June 14, 1979. Appeal from the Circuit Court, Seventh Judicial Circuit, Pennington County, Joseph H. Bottom, J. Page 908 William […]

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EAST RIVER LEGAL SERVICES v. STATE, ETC., 303 N.W.2d 375 (1981)

EAST RIVER LEGAL SERVICES, a nonprofit corporation, Appellee, v. STATE of South Dakota, DEPARTMENT OF REVENUE, Appellant. No. 13236.Supreme Court of South Dakota.Argued February 12, 1981. Decided March 18, 1981. Appeal from the Circuit Court, Sixth Judicial Circuit, Hughes County, Robert A. Miller, J. Page 376 John D. Wagner, East River Legal Services, Brookings, for […]

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OAHE CONSERVANCY SUBDIST. AND U.S., 85 S.D. 443 (1971)

185 N.W.2d 682 IN THE MATTER OF THE MASTER CONTRACT BETWEEN THE OAHE CONSERVANCY SUBDISTRICT AND THE UNITED STATES File No. 10876.Supreme Court of South Dakota. Opinion filed March 29, 1971 1. Appeal and Error. Courts. When question is one of great public interest which affects substantial property or constitutional rights of public corporations and […]

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ESTATE OF TROBOUGH v. FARMERS INS. EXCH., 2001 SD 37

623 N.W.2d 497 THE ESTATE OF DOUGLAS LEROY TROBAUGH, Deceased, By and Through Kendra Trobaugh, Personal Representative of the Estate, Plaintiff and Appellant, v. FARMERS INSURANCE EXCHANGE, Defendant and Appellee. [2001 SD 37] #21032 The Estate of Douglas Leroy Trobaugh, Deceased, By and Through Kendra Trobaugh, Personal Representative of the Estate, Plaintiff and Appellant, v. […]

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STATE v. OLSON-LAME, 2001 SD 51

624 N.W.2d 833 State of South Dakota Plaintiff and Appellee v. Marjorie Olson-Lame Defendant and Appellant No. 21646Supreme Court of South Dakota.Considered on Briefs March 19, 2001. Opinion Filed April 18, 2001. Appeal from the Circuit Court of The Seventh Judicial Circuit Pennington County, South Dakota Hon. Thomas L. Trimble, Judge Page 834 Mark Barnett, […]

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AMERICAN FEDERAL SAVINGS LOAN ASSOCIATION v. KASS, 320 N.W.2d 800 (1982)

AMERICAN FEDERAL SAVINGS LOAN ASSOCIATION OF MADISON, Plaintiff and Appellee, v. Terry T. KASS and Julianne M. Kass, husband and wife, Defendants and Appellants, and Lammers, Lammers, Kleibacker Casey, Defendants. No. 13600.Supreme Court of South Dakota.Argued April 29, 1982. Decided June 16, 1982. Appeal from the Circuit of the Fourth Judicial Circuit, Lake County, George […]

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PRESBYTERY v. GORDON, 68 S.D. 228 (1941)

300 N.W. 33 PRESBYTERY OF HURON, et al, Respondents, v. GORDON, et al, Appellants File No. 8457.Supreme Court of South Dakota. Opinion filed October 7, 1941. 1. Religious Societies. A local religious society incorporated for purpose of promoting religious worship, according to discipline of Presbyterian Church of the United States, though a corporation separate from […]

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JENSEN v. WEYRENS, 474 N.W.2d 261 (1991)

Larry JENSEN, Plaintiff and Appellant, v. John J. WEYRENS and Catherine J. Weyrens, Defendants, Third-Party Plaintiffs and Appellees, v. Dennis S. GROSS and Reynolds Realty and Insurance Company, Third-Party Defendants and Appellees. No. 17224.Supreme Court of South Dakota.Argued March 19, 1991. Reassigned June 4, 1991. July 31, 1991. Appeal from the Third Judicial Circuit Court, […]

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PARSONS v. SOUTH DAKOTA LOTTERY COM’N, 504 N.W.2d 593 (1993)

Ron PARSONS, Jr., and George Z. Peterson for themselves and others similarly situated, Plaintiffs and Appellants, v. The SOUTH DAKOTA LOTTERY COMMISSION and Its Executive Director, Susan Walker; Michael Dacy, Diane Dacy, Scott M. Anshutz, Julie A. Anshutz, and Dacshutz, Inc., d/b/a Mr. “G’s”; Ionia Klein; and Robin Parsons, Defendants and Appellees. No. 17994.Supreme Court […]

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SINGLETARY v. STATE, 88 S.D. 655 (1975)

227 N.W.2d 424 SINGLETARY, Appellant v. STATE, Respondent File No. 11351.Supreme Court of South Dakota. Opinion filed March 19, 1975 Page 656 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 657 Appeal from the Circuit Court of Pennington County; Hon. Thomas Parker, […]

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STATE v. BLAKEY, 332 N.W.2d 729 (1983)

STATE of South Dakota, Plaintiff and Appellee, v. Jackie BLAKEY, Defendant and Appellant. No. 13823.Supreme Court of South Dakota.Considered on Briefs February 17, 1983. Decided April 27, 1983. Appeal from the Circuit Court of the Second Judicial Circuit, Minnehaha County, Richard D. Hurd, J. Page 730 Judith A. Atkinson, Asst. Atty. Gen., Pierre, for plaintiff […]

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HALVERSON v. STATE, 372 N.W.2d 463 (1985)

Kent A. HALVERSON, Petitioner and Appellant, v. STATE of South Dakota, Appellee. No. 14549.Supreme Court of South Dakota.Considered on Briefs November 26, 1984. Decided August 6, 1985. Appeal from the Circuit Court of the Second Judicial Circuit, Minnehaha County, Robert J. Paterson, J. Page 464 Kevin E. Looby, Minnehaha County Public Defender, Sioux Falls, for […]

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LEONARD v. LEONARD, 529 N.W.2d 208 (1995)

Shari LEONARD, Plaintiff and Appellee, v. Lyle LEONARD, Defendant and Appellant. No. # 18775.Supreme Court of South Dakota.Considered on Briefs January 11, 1995. Decided March 29, 1995. Appeal from the Second Judicial Circuit Court, Minnehaha County, Glen A. Severson, J. John E. Burke, Sioux Falls, for plaintiff and appellee. Karen L. Crew of Crew and […]

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STRICKLAND v. STRICKLAND, 470 N.W.2d 832 (1991)

Judy Gail Graham STRICKLAND, Plaintiff and Appellee, v. Chester Dejuan STRICKLAND, Defendant and Appellant. No. 17159.Supreme Court of South Dakota.Argued January 7, 1991. Decided May 22, 1991. Appeal from the Circuit Court, Sixth Judicial Circuit, Hughes County, James W. Anderson, J. Page 833 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT […]

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MYERS v. BISSELL, 86 S.D. 773 (1972)

201 N.W.2d 865 MYERS, Respondent v. BISSELL, Appellant File No. 10897.Supreme Court of South Dakota. Opinion filed November 7, 1972 Page 774 Appeal from the circuit court of Brown County; Hon. Thomas L. Anderst, Judge. George J. Rice, Aberdeen, for defendant and appellant. Morris Myers, Aberdeen, pro se. WINANS, Judge. The plaintiff, Morris Myers, brought […]

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DFA DAIRY FING. v. LAWSON SPECIAL TRUST, 2010 SD 34

781 N.W.2d 664 DFA DAIRY FINANCING SERVICES, L.P., Plaintiff and Appellant, v. LAWSON SPECIAL TRUST and Minnie C. Lawson, Trustee, Deceased, and Scott Lawson, and any Other Heirs, Devisees, Legatees, Executors, Administrators or Creditors and Nor-Tech Dairy Advisors, Inc. and Midwest Concrete Redi-Mix, Inc. f/k/a Corsica Redi-Mix, Inc., and Lake Preston Healthcare Center, Inc., A […]

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SCHWARTZLE v. DALE, 74 S.D. 467 (1952)

54 N.W.2d 361 SCHWARTZLE et al., Appellants, v. DALE, Respondent File No. 9248.Supreme Court of South Dakota. Opinion filed July 22, 1952. Rehearing denied September 19, 1952. Page 468 Appeal from Circuit Court, Union County; Hon. John T. Medin, Judge. Judgment reversed. A.J. Beck, Oden Mead, Elk Point, for Appellants. Donley Crill and Owen J. […]

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MERKAMP v. NILES, 62 S.D. 241 (1934)

252 N.W. 636 MERKAMP, et al, Respondents, v. NILES, Appellant. File No. 7498.Supreme Court of South Dakota. Opinion filed February 13, 1934. 1. Deeds. Deeds regular on their face, in possession of grantee, are presumed to have come lawfully into grantee’s hands, and constitute prima facie case of ownership. 2. Deeds. Grantor’s heirs at law […]

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NIST v. HERSETH, 270 N.W.2d 565 (1978)

Theodore A. NIST, Plaintiff, v. The Honorable Lorna B. HERSETH, Secretary of State of the State of South Dakota, Defendant. No. 12518.Supreme Court of South Dakota.Submitted on Briefs August 17, 1978. Decided September 13, 1978. Page 566 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE […]

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MILLER v. STATE, 344 N.W.2d 78 (1984)

John E. MILLER, Petitioner and Appellant, v. STATE of South Dakota, Respondent and Appellee. No. 14123.Supreme Court of South Dakota.Considered on Briefs December 2, 1983. Decided January 25, 1984. Appeal from the Circuit Court, Seventh Judicial Circuit, Pennington County, Marshall P. Young, J. Page 79 John E. Miller, Sioux Falls, pro se. James D. Leach, […]

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STATE v. CASTLEBERRY, 2004 SD 95

686 N.W.2d 384 STATE of South Dakota, Plaintiff and Appellee, v. Jason CASTLEBERRY, Defendant and Appellant. No. 22713.Supreme Court of South Dakota.Considered on Briefs January 12, 2004. Reassigned April 23, 2004. Decided August 18, 2004. Appeal from the Seventh Judicial Court, Pennington County, Merton B. Tice, Jr., J. Page 385 Lawrence E. Long, Attorney General, […]

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HANSEN v. ISAAK, 70 S.D. 529 (1945)

19 N.W.2d 521 HANSEN, Appellant, v. ISAAK, Respondent File No. 8693.Supreme Court of South Dakota. Opinion filed July 13, 1945. 1. Trial. On a motion for directed verdict, the court, without weighing the evidence, must decide if there is any substantial, credible evidence to support a verdict against moving party considering the evidence in light […]

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REICH v. MARTIN, 61 S.D. 311 (1933)

248 N.W. 495 REICH, Respondent, v. MARTIN, et al, Appellants. File No. 7525.Supreme Court of South Dakota. Opinion filed May 15, 1933. 1. Appeal and Error. When notice of appeal is served and filed in good faith, Supreme Court acquires jurisdiction of cause, at least to extent authorizing court, upon sufficient showing to permit serving […]

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HOOD v. HOOD, 335 N.W.2d 349 (1983)

E. James HOOD, Plaintiff and Appellee, v. Judith G. HOOD, Defendant and Appellant. No. 13921.Supreme Court of South Dakota.Considered on Briefs March 30, 1983. Decided June 22, 1983. Appeal from the Circuit Court, Eighth Judicial Circuit, Lawrence County, Scott C. Moses, J. Page 350 John J. Delaney, Lead, for plaintiff and appellee. Robert Moore, Rapid […]

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BALTODANO v. NORTH CENT. HEALTH SERVICES, 508 N.W.2d 892 (1993)

Dr. Neyton BALTODANO, Plaintiff and Appellant, v. NORTH CENTRAL HEALTH SERVICES, INC., Defendant and Appellee. Nos. 18168, 18191.Supreme Court of South Dakota.Argued October 5, 1993. Decided December 1, 1993. Appeal from the Third Judicial Circuit Court, Brookings County, Jon R. Erickson, J. Page 893 Leo Disburg, McCann, Martin McCann, P.C., Brookings, for plaintiff and appellant. […]

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CHRISTIANSEN v. UN. NAT’L BK. OF VERM’N, 84 S.D. 695 (1970)

176 N.W.2d 65 CHRISTIANSEN, Respondent v. UNITED NATIONAL BANK OF VERMILLION et al., Appellants File No. 10737.Supreme Court of South Dakota. Opinion filed April 7, 1970 Rehearing denied April 24, 1970. Page 696 Appeal from Circuit Court, Clay County; Hon. James R. Bandy, Judge. Affirmed. Everett A. Bogue, of Bogue Weeks, Vermillion, for plaintiff and […]

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STATE v. JANIS, 317 N.W.2d 133 (1982)

STATE of South Dakota, Plaintiff and Appellant, v. Marvin Wayne JANIS, Defendant and Appellee. No. 13237.Supreme Court of South Dakota.Argued April 24, 1981. Decided March 10, 1982. Appeal from the Circuit Court of the Eighth Judicial Circuit, Dewey County, Scott C. Moses, J. Dennis R. Holmes and Mark Smith, Asst. Attys. Gen., Pierre, for plaintiff […]

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J.I. CASE T.M. CO. v. GOLDBERG, 59 S.D. 289 (1931)

239 N.W. 745 J.I. CASE THRESHING MACHINE CO., Appellant, v. GOLDBERG, et al, Respondents. File No. 7122.Supreme Court of South Dakota. Opinion filed December 19, 1931. 1. Chattel Mortgages. Finding that subsequent mortgagees and purchaser sued by first mortgagee for conversion of mortgaged grain had no actual knowledge of first mortgage held authorized by evidence […]

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BARTRON v. COUNTY, 68 S.D. 309 (1942)

2 N.W.2d 337 BARTRON, Appellant, v. CODINGTON COUNTY, Respondent CODINGTON COUNTY, Respondent, v. BARTRON, et al, Appellants File Nos. 8408, 8409, 8410.Supreme Court of South Dakota.Opinion filed February 9, 1942. Rehearing Denied March 23, 1942. 1. Physicians and Surgeons. The Legislature in exercise of “police power” can prohibit corporations from engaging in business of supplying […]

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STATE v. BULT, 1996 SD 20

544 N.W.2d 214 STATE of South Dakota, Plaintiff and Appellee, v. Justin Lloyd BULT, Defendant and Appellant. No. 19243.Supreme Court of South Dakota.Considered on Briefs January 10, 1996. Decided February 28, 1996. Page 215 Appeal from the Circuit Court of the Third Judicial Circuit, Beadle County; Eugene L. Martin, Judge. Mark W. Barnett, Attorney General, […]

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IN RE BYRNE, 63 S.D. 638 (1935)

262 N.W. 236 In Re BYRNE. File No. 7402.Supreme Court of South Dakota. Opinion filed September 9, 1935. 1. Attorney and Client. Purpose of disbarment proceeding is not to punish attorney but to determine whether he is, at time of proceeding, fitted in character to be an attorney. 2. Attorney and Client. Attorney would be […]

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HOFFMAN v. LOUIS DREYFUS CORP., 435 N.W.2d 211 (1989)

Jim HOFFMAN, d/b/a Hoffman Trucking, Leonard Hunsley and Duane Hunsley, d/b/a Hunsley Trucking, George Kimbley and Morris Irrigation, Inc., Plaintiffs and Appellees, v. The LOUIS DREYFUS CORPORATION and Roger Koch, Defendants and Appellants, and Roger Petersen, d/b/a R R Livestock, Clyde Keough, d/b/a Lewis Special, and Bud Smith, Defendants. Nos. 15828, 15839.Supreme Court of South […]

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WARING v. SOUTH SIOUX FALLS, 72 S.D. 215 (1948)

31 N.W.2d 766 WARING, et al, Respondents, v. TOWN OF SOUTH SIOUX FALLS, Appellant File No. 8933.Supreme Court of South Dakota. Opinion filed March 29, 1948. 1. Abatement and Revival. An action should be abated where another action between the same parties for the same cause is pending in a court of competent jurisdiction, the […]

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LAWRENCE v. WEBER, 2011 SD 19

797 N.W.2d 783 James Douglas LAWRENCE, Petitioner and Appellant, v. Douglas L. WEBER, Warden of the South Dakota State Penitentiary, Sioux Falls, South Dakota, Respondent and Appellee. No. 25790.Supreme Court of South Dakota.Considered on Briefs on February 16, 2011. Decided May 4, 2011. Appeal from the Circuit Court of the First Judicial Circuit, Hutchinson County, […]

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KUEHL v. HORNER (J.W.) LUMBER COMPANY, 2004 SD 48

678 N.W.2d 809 REBECCA JEAN KUEHL, Plaintiff and Appellant, v. HORNER (J.W.) LUMBER COMPANY, Defendant, Third Party A SOUTH DAKOTA CORPORATION, Plaintiff and Appellee, v. LANCE ADAM WARNE AND KEVIN SCHOENFELDER, Third Party Defendants. No. 22777Supreme Court of South Dakota.November 17, 2003 Opinion Filed April 7, 2004 Page 810 Appeal from the Circuit Court of […]

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DUBBELDE v. JOHN MORRELL CO., 473 N.W.2d 500 (1991)

Pete DUBBELDE, Plaintiff and Appellee, v. JOHN MORRELL CO., Defendant and Appellant. Nos. 17150, 17170.Supreme Court of South Dakota.Considered on Briefs January 9, 1991. Decided August 7, 1991. Appeal from the Circuit Court, Sixth Judicial Circuit, Hughes County, Steven L. Zinter, J. Bradley G. Bonynge, Sioux Falls, for plaintiff and appellee. David J. Vickers and […]

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HAGEN v. CITY OF SIOUX FALLS, 464 N.W.2d 396 (1990)

Roland L. HAGEN and Joanne C. Hagen, Plaintiffs and Appellants, v. CITY OF SIOUX FALLS, a municipal corporation, Defendant and Appellee. No. 17007.Supreme Court of South Dakota.Considered on Briefs October 22, 1990. Decided December 19, 1990. Appeal from the Second Judicial Circuit Court, Minnehaha County, Gene Paul Kean, J. Page 397 Acie W. Matthews of […]

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WEBER v. WEBER, 529 N.W.2d 190 (1995)

Clifford WEBER, Plaintiff and Appellant, v. Judy Ell WEBER, Defendant and Appellee. Nos. 18744, 18755.Supreme Court of South Dakota.Argued January 9, 1995. Decided March 22, 1995. Appeal from the Fourth Judicial Circuit Court, Brule County, Max A. Gors, J. ROBERT C. RITER, Jr. of Riter, Mayer, Hofer, Wattier Brown, Pierre, for plaintiff and appellant. Donna […]

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GRAY CONSTRUCTION CO. v. HYDE, 60 S.D. 265 (1932)

244 N.W. 320 GRAY CONSTRUCTION COMPANY, Respondent, v. HYDE, et al, Appellant. File No. 7189.Supreme Court of South Dakota. Opinion filed September 27, 1932. 1. Corporations. Finding that transferees of corporate stock had knowledge or notice that par value of stock was not fully paid when originally issued held supported; hence transferees were liable to […]

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STATE v. THIELSEN, 2004 SD 17

675 N.W.2d 429 STATE OF SOUTH DAKOTA, Plaintiff and Appellee, v. PATRICK JON THIELSEN, Defendant and Appellant. No. 22673Supreme Court of South Dakota.Argued On January 14, 2004 Opinion Filed February 4, 2004 Appeal from the Circuit Court of the Fifth Judicial Circuit Brown County, South Dakota, Honorable Jack R. Von Wald Judge. Page 430 LAWRENCE […]

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JAMESON v. JAMESON, 1999 SD 129

600 N.W.2d 577 CAROLYN S. JAMESON, Plaintiff and Appellant, v. G. MALCOLM JAMESON, Defendant and Appellee. No. 20506.Supreme Court of South Dakota.Considered on Briefs January 14, 1999. Issue No. 5 Reassigned August 16, 1999. Opinion Filed September 29, 1999. Page 578 Appeal from the Second Judicial Circuit, Minnehaha County, SD Hon. Gene Paul Kean, Judge, […]

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SEXAUER v. ELEVATOR ASSOC., 76 S.D. 381 (1956)

79 N.W.2d 220 SEXAUER SON, Respondent v. WATERTOWN COOPERATIVE ELEVATOR ASSOCIATION, Appellant File No. 9565.Supreme Court of South Dakota. Opinion filed November 8, 1956. Rehearing denied, February 8, 1957. Page 382 Appeal from Circuit Court, Codington County; Hon. R. F. Manson, Judge. Action for breach of implied warranty of variety in the sale of flax […]

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HENGEL, BERG ASSOC. v. STATE, 90 S.D. 162 (1976)

238 N.W.2d 691 HENGEL, BERG ASSOCIATES, Appellant v. STATE et al., Respondents File No. 11648.Supreme Court of South Dakota. Opinion filed February 20, 1976 Page 163 Appeal from the Circuit Court of Hughes County; Hon. Robert A. Miller, Judge. Affirmed. Lynn, Jackson, Shultz, Ireland Lebrun, Rapid City, for plaintiff and appellant. Camron D. Hoseck, Carl […]

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BROOKINGS MALL, INC. v. CPT. AHAB’S, LTD., 300 N.W.2d 259 (1980)

BROOKINGS MALL, INC., A Corporation, Plaintiff and Appellee, v. CPT. AHAB’S, LTD., A Corporation, d/b/a Cpt. Ahab’s East Indies Cargo Co., Ltd., and d/b/a Iron Creek, Defendant and Appellant. No. 13062.Supreme Court of South Dakota.Argued October 23, 1980. Decided December 23, 1980. Rehearing Denied January 27, 1981. Appeal from the Circuit Court, Third Judicial Circuit, […]

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SCHEURING v. POWER COMPANY, 67 S.D. 484 (1940)

294 N.W. 175 SCHEURING, et al, Respondent, v. NORTHERN STATES POWER CO., Appellant File Nos. 8340 and 8341.Supreme Court of South Dakota.Opinion filed October 8, 1940. Rehearing Denied February 3, 1941. 1. Appeal and Error. On defendant’s appeal from judgments on verdicts for plaintiffs in automobile collision actions, Supreme Court was required to accept that […]

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MAISE v. DELANEY, 81 S.D. 306 (1965)

134 N.W.2d 770 MAISE, Appellant v. DELANEY et al., Respondents File No. 10180.Supreme Court of South Dakota. Opinion filed April 28, 1965 1. Workmen’s Compensation. Delivery by surety company of backdated policy of workmen’s compensation insurance to employer subject to express right to take under advisement coverage of prior injury to employee, which employer had […]

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STECKMAN v. SILVER MOON, 77 S.D. 206 (1958)

90 N.W.2d 170 STECKMAN, Plaintiff and Appellant v. SILVER MOON, INC., et al., Defendants and Respondents and MONDINI, Defendant File No. 9640.Supreme Court of South Dakota. Opinion filed May 21, 1958 Page 207 Appeal from Circuit Court, Brown County; Hon. R.C. Bakewell, Judge. Affirmed. Campbell, Voas Richardson, Vernon Williams, Aberdeen, for Plaintiff and Appellant. Agor, […]

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GRESS v. THOMPSON, 520 N.W.2d 260 (1994)

Ray GRESS, Jr., and Phillip D. Armstrong, Trustee of the Bankruptcy Estate of Ray Gress, Plaintiffs and Appellees, v. Ted THOMPSON, Tommy Thompson, Thompson Livestock Company and St. Onge Livestock Auction, Inc., Defendants and Appellants. No. 18380.Supreme Court of South Dakota. Considered on Briefs April 28, 1994. Decided August 3, 1994. Appeal from the Circuit […]

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JOHNSON v. FEDERAL LAND BANK, 64 S.D. 640 (1936)

269 N.W. 567 JOHNSON, et al, Respondents, v. THE FEDERAL LAND BANK OF OMAHA, Appellant. File No. 7951.Supreme Court of South Dakota. Opinion filed November 16, 1936. Appeal from Circuit Court, Minnehaha County; HON. JOHN T. MEDIN, Judge. In the matter of the application for an extension of time for redemption from mortgage foreclosure sale. […]

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STATE v. McCREARY, 82 S.D. 111 (1966)

142 N.W.2d 240 STATE, Respondent v. McCREARY et al., Appellants File No. 10191.Supreme Court of South Dakota. Opinion filed May 5, 1966 1. Criminal Law. To warrant conviction upon circumstantial evidence alone, such facts and circumstances must be shown as are consistent with each other and with guilt of party charged, and such as cannot […]

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STATE v. RYAN, 2008 SD 94

757 N.W.2d 155 STATE of South Dakota, Plaintiff and Appellee, v. Zachariah Palmer RYAN, Defendant and Appellant. No. 24607.Supreme Court of South Dakota.Considered on Briefs August 26, 2008. Decided October 8, 2008. Appeal from the Circuit Court of the Fifth Judicial Circuit, Roberts County, Jon S. Flemmer, J. Page 156 Lawrence E. Long, Attorney General, […]

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ABSTRACTS OF SUMMARY DISPOSITIONS, 464 N.W.2d 642 (1991)

Supreme Court of South Dakota. FISCAL YEAR 1991 (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 […]

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CHRISTENSEN v. CARSON, 533 N.W.2d 712 (1995)

Chris CHRISTENSEN and Clifford Bergeleen, Petitioners and Appellees, v. Larry CARSON, Mark Brodkorb, Kenneth Gohring, Charlie Jost, Don Werly, and Lee Johnson, Individually and as Members of the City Council of the City of Wessington Springs, South Dakota; and Brian Bergeleen, Individually and as Mayor of the City of Wessington Springs, South Dakota, Defendants and […]

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STATE v. DISANTO, 2004 SD 112

688 N.W.2d 201 STATE of South Dakota, Plaintiff and Appellee, v. Rocco William DISANTO, Defendant and Appellant. No. 22751.Supreme Court of South Dakota.Considered on Briefs November 17, 2003. Decided October 6, 2004. Appeal from the Circuit Court, Fourth Judicial Circuit, Lawrence County, Warren G. Johnson, J. Page 202 Lawrence E. Long Attorney, General Craig M. […]

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STATE v. ANDREWS, 2001 SD 31

623 N.W.2d 78 STATE OF SOUTH DAKOTA, Plaintiff and Appellee, v. AARON ANDREWS, Defendant and Appellant. No. 21415Supreme Court of South Dakota.Considered on Briefs January 8, 2001. Opinion Filed March 14, 2001. Appeal from the Seventh Judicial Circuit, Pennington County, SD Hon. Thomas L. Trimble, Judge, #21415 — Affirmed Page 79 [EDITORS’ NOTE: THIS PAGE […]

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OLSON v. OLSON, 438 N.W.2d 544 (1989)

Jan Marie OLSON, Plaintiff and Appellant, v. Mark Allen OLSON, Defendant and Appellee. Nos. 16129, 16132.Supreme Court of South Dakota.Considered on Briefs December 1, 1988. Decided April 5, 1989. Appeal from the Circuit Court of the Second Judicial Circuit, Minnehaha County, Robert C. Heege, J. Page 545 Catherine M. McNamara, Sioux Falls, for plaintiff and […]

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ABSTRACTS OF SUMMARY DISPOSITIONS, 403 N.W.2d 426 (1987)

Supreme Court of South Dakota. FISCAL YEAR 1987 (Third Quarter) ABSTRACTS OF SUMMARY DISPOSITIONS Pursuant to SDCL 15-26A-87.1(C), 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 […]

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