IN RE ENGEBRETSON’S ESTATE, 72 S.D. 109 (1948)

30 N.W.2d 644 In Re ENGEBRETSON’S ESTATE GRAFF, Appellant, v. ENGEBRETSON, et al, Respondents Files Nos. 8892 and 8893.Supreme Court of South Dakota. Opinion filed January 22, 1948. Executors and Administrators. Evidence sustained allowance of items in administrator’s final account as modified on appeal by circuit court. Appeal from Circuit Court, Minnehaha County; Hon. Lucius […]

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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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KOUPAL ANTON, INC. v. WIECZOREK, 375 N.W.2d 639 (1985)

KOUPAL ANTON, INC., v. Glen WIECZOREK. No. 14458.Supreme Court of South Dakota.Considered on Briefs June 6, 1984. Decided October 16, 1985. Appeal from the Circuit Court, Fourth Judicial Circuit, Davison County, George W. Wuest, J. Page 640 Dennis R. Padrnos, James D. Taylor, Tinan, Padrnos, Smith Taylor, Mitchell, for plaintiff and appellee. Ellsworth E. Evans, […]

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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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SCHOENROCK v. TAPPE, 419 N.W.2d 197 (1988)

Arlo J. SCHOENROCK, Plaintiff and Appellant, v. Lee A. TAPPE, Defendant and Appellee. No. 15484.Supreme Court of South Dakota.Considered on Briefs February 19, 1987. Decided January 27, 1988. Appeal from the Circuit Court of the First Judicial Circuit, Charles Mix County, Gene Paul Kean, J. Randolph F. Stiles, Hanson, Stiles, Anderson Swank, Mitchell, for plaintiff […]

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R.M. TYSDAL REAL ESTATE, INC. v. LEWTON, 319 N.W.2d 175 (1982)

R.M. TYSDAL REAL ESTATE, INC., Plaintiff and Appellee, v. John M. LEWTON and Thelma I. Lewton, Defendants and Appellants. No. 13384.Supreme Court of South Dakota.Argued January 18, 1982. Decided May 12, 1982. Appeal from the Circuit Court, Eighth Judicial Circuit, Perkins County, Leslie R. Hersrud, J. Gary R. Richards of Richards, Hood Brady, Spearfish, for […]

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FARMERS MERCHANTS STATE BANK v. TEVELDAL, 524 N.W.2d 874 (1994)

FARMERS MERCHANTS STATE BANK, Plaintiff and Appellee, v. Kevin TEVELDAL, d/b/a Kevin’s Livestock Management Service, Defendant and Appellant. No. 18547.Supreme Court of South Dakota.Considered on Briefs September 12, 1994. Decided December 7, 1994. Appeal from the Circuit Court, Fourth Judicial Circuit, Jerauld County, Tim D. Tucker, J. Page 875 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. […]

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STATE v. BERGEE, 2008 SD 67

753 N.W.2d 911 STATE of South Dakota, Plaintiff and Appellee, v. Timothy James BERGEE, Defendant and Appellant. Nos. 24564, 24565.Supreme Court of South Dakota.Argued May 21, 2008. Decided July 16, 2008. Appeal from the Circuit Court, Fourth Judicial Circuit, Butte County, John W. Bastian, J. Page 912 Lawrence E. Long, Attorney General, Gary Campbell, Assistant […]

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STATE v. HATCHETT, 2003 SD 85

667 N.W.2d 680 STATE OF SOUTH DAKOTA, Plaintiff and Appellee, v. MANUEL HATCHETT, Defendant and Appellant. No. 22683Supreme Court of South Dakota.Considered On Briefs On May 27, 2003 Opinion Filed July 23, 2003 Page 681 Appeal From The Circuit Court Of The Sixth Judicial Circuit Bennett County, South Dakota. Honorable Kathleen F. Trandahl Judge. LAWRENCE […]

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WOLFF v. WEBER, 1997 SD 52

563 N.W.2d 136 Gary G. WOLFF, Petitioner and Appellee, v. Cathy WEBER, Appellant. No. 19735.Supreme Court of South Dakota.Considered on Briefs January 16, 1997. Decided May 7, 1997. Appeal from the Fifth Judicial Circuit Court, McPherson County, Eugene E. Dobberpuhl, J. Page 137 Michael T. Hogan of Fritz, Hogan Johnson, Aberdeen, for petitioner and appellee. […]

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STATE v. BROWN, 285 N.W.2d 843 (1979)

STATE of South Dakota, Plaintiff and Respondent, v. Glenn Franklin BROWN, Defendant and Appellant. No. 12501.Supreme Court of South Dakota.Argued May 16, 1979. Decided December 5, 1979. Appeal from the Circuit Court, Seventh Judicial Circuit, Fall River County, Merton B. Tice, Jr., J. Page 844 Judith A. Atkinson, Asst. Atty. Gen., Pierre, for plaintiff and […]

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ROWETT v. McFARLAND, 394 N.W.2d 298 (1986)

Sidney W. ROWETT, Elsie E. Rowett Kosnoski, and Ethel L. Posch, Plaintiffs and Appellants, v. Gregor B. McFARLAND, David A. McFarland, First Federal Savings Loan Association, Rapid City, South Dakota, United States of America (Farmers Home Administration), and Dave Jolley, d/b/a Vador Funds, Defendants and Appellees, v. Kenneth D. SNYDER, E. Dean Snyder, and Kay […]

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STORM v. CANYON CORP., 76 S.D. 413 (1956)

79 N.W.2d 698 STORM, Respondent v. CANYON AMUSEMENT CORPORATION et al., Appellants File No. 9584.Supreme Court of South Dakota. Opinion filed December 10, 1956. Page 414 Appeal from Circuit Court, Meade County; Hon. Burton Penfold, Judge. Action to enjoin alleged infringement of registered trade-mark. From the entry of judgment for plaintiff, defendants appeal. Judgment reversed. […]

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KLOPPENBURG v. KLOPPENBURG, 66 S.D. 167 (1938)

280 N.W. 206 KLOPPENBURG, Respondent, v. KLOPPENBURG, Appellant File No. 8040.Supreme Court of South Dakota. Opinion filed June 20, 1938. Parent and Child. In automobile occupant’s action for injuries sustained in a wreck against her minor son who was driving automobile and who was allegedly emancipated, a judgment for occupant was reversed. Appeal from Circuit […]

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LARSON v. LOUCKS, 69 S.D. 60 (1943)

6 N.W.2d 436 LARSON, Appellant, v. LOUCKS, Respondent File No. 8535.Supreme Court of South Dakota.Opinion filed November 28, 1942. Rehearing Denied January 19, 1943. 1. Appeal and Error. In testing propriety of directed verdict for defendant, Supreme Court would view evidence in light most favorable to plaintiff. 2. Automobiles. In action against motorist for death […]

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ROSO v. HENNING, 1997 SD 82

566 N.W.2d 136 Eric A. ROSO, Plaintiff and Appellee, v. Daniel HENNING and Veblen Cheese Factory, Inc., Defendants and Appellants. No. 19934.Supreme Court of South Dakota.Considered on Briefs June 4, 1997. Decided July 9, 1997. Appeal from the Circuit Court, Third Judicial Circuit, Codington County, Robert L. Timm, J. Page 137 [EDITORS’ NOTE: THIS PAGE […]

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CURRIER v. CURRIER, 296 N.W.2d 713 (1980)

Naomi CURRIER, Plaintiff and Appellant, v. Melvin F. CURRIER, Defendant and Appellee. No. 12688.Supreme Court of South Dakota.Considered on Briefs on February 21, 1980. Decided September 17, 1980. Appeal from the Circuit Court of the Sixth Judicial District, Sully County, Patrick McKeever, J. Keith R. Smit of Morman, Smit, Shepard, Hughes Wolsky, Sturgis, for plaintiff […]

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KESTER v. KESTER, 257 N.W.2d 731 (1977)

Joan Ann KESTER, Plaintiff and Appellant, v. Richard Lee KESTER, Defendant and Respondent. No. 11996.Supreme Court of South Dakota.Argued September 14, 1977. Decided September 28, 1977. Appeal from the Seventh Judicial Circuit Court, Custer County, Frank E. Henderson, J. Fred M. Winkler of Lynn, Jackson, Shultz, Ireland Lebrun, Rapid City, for plaintiff and appellant. Page […]

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SCHOENROCK v. CITY OF SISSETON, ET AL., 77 S.D. 582 (1959)

96 N.W.2d 307 SCHOENROCK, Respondent v. CITY OF SISSETON, et al., Appellants File No. 9783.Supreme Court of South Dakota. Opinion filed May 6, 1959 Appeal from Circuit Court, Roberts County, by defendants, from an adverse judgment. Appeal dismissed and judgment affirmed. Milton Cameron, Sisseton, for Defendants-Appellants. Wm. J. Holland, Wallace R. Brantseg, Sisseton, for Plaintiff-Respondent. […]

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CITY OF STURGIS v. KOCH, 1998 SD 100

583 N.W.2d 170 The CITY OF STURGIS, a municipal corporation, Plaintiff and Appellee, v. Michael KOCH, Defendant and Appellant. No. 20476.Supreme Court of South Dakota.Considered on Briefs July 1, 1998. Decided August 26, 1998. Appeal from the Circuit Court, Eighth Judicial Circuit, Meade County, Warren G. Johnson, J. Steven M. Christensen, Deadwood, for plaintiff and […]

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J.F. ENGLAND’S SONS, INC. v. LIGGETT, 82 S.D. 656 (1967)

152 N.W.2d 583 J.F. ENGLAND’S SONS, INC., Respondent v. LIGGETT et al., Appellants File No. 10333.Supreme Court of South Dakota. Opinion filed August 30, 1967 Rehearing denied October 16, 1967 1. Sales. Sheriff who seized property sold under conditional sales contract when buyers defaulted did not act as seller’s agent, but acted in his official […]

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DAIL v. SOUTH DAKOTA REAL ESTATE COM’N, 257 N.W.2d 709 (1977)

B.H. DAIL, d/b/a Dail Realty, Appellant, v. SOUTH DAKOTA REAL ESTATE COMMISSION, Respondent. No. 12047.Supreme Court of South Dakota.Argued June 6, 1977. Decided September 16, 1977. Appeal from the Circuit Court of the Seventh Judicial Circuit, Pennington County, Frank E. Henderson, J. Page 710 Ramon A. Roubideaux, Rapid City, for appellant. William J. Srstka, Jr. […]

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STATE v. SHANGREAUX, 251 N.W.2d 419 (1977)

STATE of South Dakota, Plaintiff and Respondent, v. Percy SHANGREAUX, Defendant and Appellant. No. 11832-a-FGD.Supreme Court of South Dakota.Submitted on Briefs October, 16, 1976. Decided March 10, 1977. Appeal from the Circuit Court, Sixth Judicial Circuit, Bennett County, Donald L. Heck, J. Peter Lieberman, Asst. Atty. Gen., Pierre, for plaintiff and respondent; William J. Janklow, […]

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STATE v. GROOMS, 339 N.W.2d 318 (1983)

STATE of South Dakota, Plaintiff and Appellee, v. Daniel GROOMS, Defendant and Appellant. No. 13994.Supreme Court of South Dakota.Argued September 13, 1983. Decided October 26, 1983. Appeal from the Circuit Court, Third Judicial Circuit, Deuel County, Irvin N. Hoyt, J. Page 319 Grant E. Gormley, Asst. Atty. Gen., Mark V. Meierhenry, Atty. Gen., on brief, […]

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WALRATH S. LUMBER CO. v. FERRIS, 61 S.D. 190 (1933)

247 N.W. 405 WALRATH SHERWOOD LUMBER COMPANY, Respondent, v. FERRIS, et al, Appellants. File No. 7504.Supreme Court of South Dakota. Opinion filed March 14, 1933. 1. Mortgages. Lien of vendor holding prior purchase-money mortgage is superior to mechanics’ lien (Rev. Code 1919, §§ 1643, 1646, 1647). 2. Mortgages. Where mortgagee forbore to take sheriff’s deed, […]

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BEARE v. BEARE, 68 S.D. 478 (1942)

4 N.W.2d 661 BEARE, Respondent, v. BEARE, Appellant File No. 8492.Supreme Court of South Dakota. Opinion filed June 29, 1942. Divorce. Evidence sustained judgment granting husband a divorce. Appeal from Circuit Court, Minnehaha County; Hon. Lucius J. Wall, Judge. Action for divorce by George Beare against Anna Beare. Judgment for plaintiff, and defendant appeals. Affirmed. […]

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A.G. EDWARDS SONS v. NORTHWEST REALTY CO., 340 N.W.2d 187 (1983)

A.G. EDWARDS SONS, INC., Plaintiffs and Appellees, v. NORTHWEST REALTY CO., A Corporation and Enchanted World Doll Museum, A Corporation, Defendants and Appellants. No. 13983.Supreme Court of South Dakota.Argued September 13, 1983. Decided November 16, 1983. Appeal from the Circuit Court, Fourth Judicial Circuit, Davison County, George W. Wuest, J. Page 188 Patrick J. Kane, […]

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ASSMAN v. J.I. CASE CREDIT CORP., 411 N.W.2d 668 (1987)

Joe ASSMAN, d/b/a Assman Implement Company, Plaintiff and Appellee, v. J.I. CASE CREDIT CORPORATION, Defendant and Appellant. No. 15468.Supreme Court of South Dakota.Considered on Briefs March 24, 1987. Decided September 2, 1987. Rehearing Denied September 29, 1987. Appeal from the Circuit Court, Sixth Judicial Circuit, Todd County, Marvin S. Talbott, J. Page 669 John J. […]

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OPINION OF THE JUDGES, 61 S.D. 107 (1933)

246 N.W. 295 OPINION OF THE JUDGES. Re LEGISLATIVE REAPPORTIONMENT. Supreme Court of South Dakota. Opinion filed January 12, 1933. 1. Courts. Governor is authorized to call upon Supreme Court for opinions only on important legal questions involved in discharge of executive duty (Const. art. 5, § 13). 2. Courts. Question propounded by Governor, relating […]

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MATTER OF ESTATE OF MALONE, 249 N.W.2d 757 (1977)

In the Matter of the ESTATE of Lena MALONE, Deceased. Art DAHL, Claimant and Respondent, v. Stanley B. MONTZ, Executor, Contestant and Appellant. No. 11847.Supreme Court of South Dakota. February 1, 1977. Appeal from the Circuit Court of the First Judicial Circuit, Clay County, Donald E. Erickson, J. Theodore J. Dolney, Mary Jane Burns, Vermillion, […]

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APPEAL OF BHLS, 1997 SD 64

563 N.W.2d 429 In the Matter of the Appeal of the Denial of the REAL ESTATE TAX EXEMPTION FOR BLACK HILLS LEGAL SERVICES, INC. No. 19863.Supreme Court of South Dakota.Considered on Briefs May 1, 1997. Decided June 4, 1997. Appeal from the Circuit Court, Seventh Judicial Circuit, Pennington County, Thomas L. Trimble, J. Page 430 […]

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ABSTRACTS OF SUMMARY DISPOSITIONS, 538 N.W.2d 248 (1996)

Supreme Court of South Dakota. FISCAL YEAR 1996 (First 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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STATE v. KING, 62 S.D. 184 (1934)

252 N.W. 36 STATE, Plaintiff, v. KING, Defendant. File No. 7657.Supreme Court of South Dakota. Opinion filed January 11, 1934. 1. Indictment and Information. Lack of preliminary examination on charge of assault with intent to kill constituted ground for motion to quash information but was waived by failure to so move (Rev. Code 1919, § […]

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C.I.T. CORPORATION v. JORGENSEN, 60 S.D. 7 (1932)

242 N.W. 594 C.I.T. CORPORATION, Appellant, v. JORGENSEN, Respondent. File No. 7298.Supreme Court of South Dakota. Opinion filed May 21, 1932. 1. Automobiles. Whether conditional sales contract between nonresidents was “properly filed” so as to defeat local garage keeper’s statutory lien must be determined by local law (Laws 1927, c. 160). 2. Automobiles. Where statute […]

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MINERS MERCHANTS BANK v. BRADEN FORESTRY, 374 N.W.2d 123 (1985)

MINERS AND MERCHANTS BANK, A Banking Corporation, Plaintiff and Appellee, v. BRADEN FORESTRY SERVICES, INC., Millard M. Braden, Edna Mae Braden, Jon P. Hallinan, and Glen L. Westberg, Defendants, and M.H. Braden, a/k/a Milford H. Braden, and Margaret M. Braden, Defendants and Appellants. No. 14531.Supreme Court of South Dakota. September 6, 1985. Appeal from the […]

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DONOVAN v. POWERS, 86 S.D. 246 (1972)

193 N.W.2d 796 DONOVAN, Plaintiff v. POWERS, Respondent File No. 10995.Supreme Court of South Dakota. Opinion filed January 27, 1972 Appeal from the circuit court of Minnehaha County; Hon. Francis G. Dunn, Judge. Willy, Pruitt Matthews, Gene E. Pruitt, Sioux Falls, for plaintiff and appellant. Page 247 BIEGELMEIER, Judge. Defendant, a painting contractor, employed plaintiff […]

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WOLKEN v. WADE, 406 N.W.2d 720 (1987)

Fred A. WOLKEN, Carol L. Wolken, and Daniel L. Wolken, Plaintiffs and Appellees, v. Leslie L. WADE and Idella S. Wade, Defendants and Appellants. No. 15294.Supreme Court of South Dakota.Considered on Briefs February 17, 1987. Decided May 27, 1987. Appeal from the Seventh Judicial Circuit Court, Custer County, Roland E. Grosshans, J. Page 721 A.P. […]

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IN RE ESTATE OF GUSTAFSON, 2007 SD 46

731 N.W.2d 922 ESTATE OF Brian Lee GUSTAFSON, Deceased. No. 24072.Supreme Court of South Dakota.Considered On Briefs on March 19, 2007. Decided May 2, 2007. Appeal from the Circuit Court, Second Judicial Circuit, Minnehaha County, Kathleen K. Caldwell, J. Page 923 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE […]

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BRUNS v. STEDMAN, 76 S.D. 586 (1957)

82 N.W.2d 845 BRUNS, Respondent v. STEDMAN et al., Appellants File No. 9632.Supreme Court of South Dakota. Opinion filed May 17, 1957. Page 587 Appeal from Circuit Court, Davison County; Hon. Walter H. Seacat, Judge. Widow brought proceeding under the workmen’s compensation law to recover compensation for death of deceased employee at grocery store, who […]

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CITY OF SIOUX FALLS v. FANEBUST, 72 S.D. 54 (1947)

29 N.W.2d 472 CITY OF SIOUX FALLS, Respondent, v. FANEBUST, Appellant File No. 8914.Supreme Court of South Dakota. Opinion filed November 6, 1947. Criminal Law. The statute providing that, when jury trial of criminal action in municipal court is demanded, action shall be tried at next regular term of court, refers to regular term succeeding […]

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SHEEHAN v. UNITED PACIFIC INS. CO., 439 N.W.2d 117 (1989)

Harvey D. SHEEHAN and Andrea L. Sheehan, as Trustees (Debtors-in-Possession) of The Chapter 11 Estate of Harvey D. Sheehan and Andrea L. Sheehan, d/b/a/ J.E.S. Farms, Plaintiffs and Appellants, v. UNITED PACIFIC INSURANCE CO., Defendant and Appellee. MORRIS IRRIGATION, INC., Johnson Bros. Company, and United Pacific Insurance Co., Defendants and Third Party Plaintiffs, v. TKD, […]

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HOLLINSWORTH v. HOLLINSWORTH, 2008 SD 102

757 N.W.2d 422 Marnie Joanne HOLLINSWORTH, Plaintiff and Appellant, v. Jackie Don HOLLINSWORTH, Defendant and Appellee. No. 24811.Supreme Court of South Dakota.Considered on Briefs September 29, 2008. Decided October 29, 2008. Appeal from the Circuit Court, Fifth Judicial Circuit, Brown County, Jack R. Von Wald, J. Page 423 H.I. King of Tonner, Tobin King, LLP, […]

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ARBACH v. GRUBA, 86 S.D. 591 (1972)

199 N.W.2d 697 ARBACH, Respondent v. GRUBA, Appellant File No. 10961.Supreme Court of South Dakota. Opinion filed August 2, 1972 Page 592 Appeal from the circuit court of Roberts County; Hon. Philo Hall, Judge. Holland Brantseg, Sisseton, for plaintiff and respondent. Charles B. Kornmann, of Voas, Richardson, GrosecloseKornmann, Aberdeen, for defendant and appellant. BIEGELMEIER, Judge. […]

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STATE v. SMITH, 344 N.W.2d 505 (1984)

STATE of South Dakota, Plaintiff and Appellee, v. Glenn SMITH, Defendant and Appellant. No. 13926.Supreme Court of South Dakota.Considered on Briefs October 27, 1983. Decided February 22, 1984. Appeal from the Circuit Court, Sixth Judicial Circuit, Bennett County, Donald L. Heck, J. Page 506 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL […]

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HUMPHREYS v. SCHUKNECHT CO., 66 S.D. 112 (1938)

279 N.W. 246 HUMPHREYS, Respondent, v. SCHUKNECHT CONSTRUCTION CO., et al Appellants File No. 8142.Supreme Court of South Dakota. Opinion filed April 22, 1938. 1. Workmen’s Compensation. A provision in Workmen’s Compensation Act fixing number of days worked as basis for computing compensation in “employments in which it is the custom to operate for a […]

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STATE v. PINELA, 458 N.W.2d 795 (1990)

STATE of South Dakota, Plaintiff and Appellee, v. Juan Manuel PINELA, Defendant and Appellant. No. 16860.Supreme Court of South Dakota.Considered on Briefs May 24, 1990. Decided July 11, 1990. Appeal from the Circuit Court, Seventh Judicial Circuit, Pennington County, Roland E. Grosshans, J. Craig M. Johnson of Pennington County Public Defender’s Office, Rapid City, for […]

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NEDVED v. NEDVED, 59 S.D. 161 (1931)

238 N.W. 643 NEDVED, Appellant, v. NEDVED, Respondent. File No. 7178.Supreme Court of South Dakota. Opinion filed October 25, 1931. 1. Venue. On plaintiff’s demand for change of venue to county of his residence, court properly refused to consider question of convenience of witnesses. 2. Venue. Granting or refusing change of venue on ground of […]

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DUDA v. McGEES, 2008 SD 115

758 N.W.2d 754 Tim DUDA, Plaintiff and Appellant, v. PHATTY McGEES, INC., d/b/a Hooky Jacks, Defendant and Appellee, v. Willie Guerrero, Third-Party Defendant. No. 24604.Supreme Court of South Dakota.Argued May 21, 2008. Decided December 3, 2008. Appeal from the Circuit Court of the Seventh Judicial Circuit, Pennington County, Thomas L. Trimble, J. Page 755 George […]

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BROWN v. HANSON, 2011 SD 21

798 N.W.2d 422 Terry BROWN and Susan Brown, Plaintiffs and Appellees, v. James HANSON, Defendant and Appellant. Nos. 25700, 25701.Supreme Court of South Dakota.Argued February 16, 2011. Decided May 18, 2011. Appeal from the Circuit Court, Fourth Judicial Circuit, Meade County, Jerome A. Eckrich, III, J. Page 423 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES […]

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APPLICATION OF NORTHERN STATES POWER CO., 328 N.W.2d 852 (1983)

In the Matter of the Application of NORTHERN STATES POWER COMPANY for a Proposed Increase in Rates for Electric Service. No. 13703.Supreme Court of South Dakota.Argued September 7, 1982. Decided January 5, 1983. Appeal from the State Public Utilities Commission. Page 853 Walter Washington, Asst. Atty. Gen., Pierre, for appellant South Dakota Public Utilities Com’n; […]

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REEDY v. EBSEN, 61 S.D. 54 (1932)

245 N.W. 908 REEDY, Respondent, v. EBSEN, Appellant. File No. 7307.Supreme Court of South Dakota. Opinion filed December 30, 1932. Appeal from Circuit Court, Lincoln County; HON. RAY E. DOUGHERTY, Judge. On rehearing. For former opinion, see 60 S.D. 1, 242 N.W. 592. Caldwell Burns, of Sioux Falls, for Appellant. Thomas McInerny, of Elk Point, […]

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THE SALVATION ARMY v. BARNETT ET AL., 80 S.D. 379 (1963)

124 N.W.2d 365 THE SALVATION ARMY, Appellant v. BARNETT, et al., Respondents File No. 10057.Supreme Court of South Dakota. Opinion filed November 8, 1963 1. Taxation. Date tax lien attaches is controlling so far as it concerns allowance of exemption of charitable organization from taxes. Const. art. 11, § 6; SDC 57.0311. 2. Taxation. A […]

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MATTER OF SOUTH LINCOLN RURAL WATER SYSTEM, 295 N.W.2d 743 (1980)

In the Matter of the SOUTH LINCOLN RURAL WATER SYSTEM APPLICATION FOR PERMIT NO. 4300-3. No. 12997.Supreme Court of South Dakota.Argued May 21, 1980. Decided August 20, 1980. Appeal from the Circuit Court, Sixth Judicial Circuit, Hughes County, Robert A. Miller, J. Page 744 Dennis C. McFarland, Sioux Falls, for appellants Friends of Sandstone Aquifer. […]

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NATIONAL BOULEVARD BANK OF CHICAGO v. MAKENS, 370 N.W.2d 183 (1985)

NATIONAL BOULEVARD BANK OF CHICAGO, a National Banking Association, Plaintiff and Appellee, v. John J. MAKENS, M.B.I., Inc., a South Dakota Corporation, Makens Bros., a South Dakota Corporation, Shirley Makens, Administratrix of the Estate of Raymond Joseph Makens, deceased, Michael Robert Makens, Richard Makens, Clark County Cattle Company, Sharon Fanning, John F. Makens, personally and […]

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BEECH v. PARKS, 70 S.D. 475 (1945)

18 N.W.2d 787 BEECH, Appellant, v. PARKS et al., Respondents File No. 8754.Supreme Court of South Dakota. Opinion filed June 2, 1945. 1. Wills. Generally, where a will, in providing for immediate gifts to designated beneficiaries, provides further for a gift over in event of death simpliciter of any of the named beneficiaries, for the […]

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R L SUPPLY, LTD. v. EVANGELICAL LUTHERAN SOCIETY, 462 N.W.2d 515 (1990)

R L SUPPLY, LTD., a South Dakota Corporation, Plaintiff and Appellee, v. EVANGELICAL LUTHERAN GOOD SAMARITAN SOCIETY, Defendant and Appellant, and Meester Plumbing and Heating, Inc., Defendant. No. 16967.Supreme Court of South Dakota.Considered on Briefs September 19, 1990. Decided November 7, 1990. Appeal from the Circuit Court, Third Judicial Circuit, Kingsbury County, Jon R. Erickson, […]

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CHILSON v. KIMBALL SCHOOL DIST. NO. 7-2, 2003 SD 53

663 N.W.2d 667 MARK CHILSON AND LONNA CHILSON, Plaintiffs and Appellants, v. KIMBALL SCHOOL DISTRICT NO. 7-2, GARY HEINTZ AND EILEEN KROUPA, Defendants and Appellees. No. 22533.Supreme Court of South Dakota.Considered On Briefs On March 24, 2003. Opinion Filed May 14, 2003. Appeal From The Circuit Court Of The First Judicial Circuit Brule County, South […]

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STATE v. CITY OF SIOUX FALLS, 60 S.D. 330 (1932)

244 N.W. 365 STATE OF SOUTH DAKOTA, Respondent, v. CITY OF SIOUX FALLS, Appellant. File No. 7397.Supreme Court of South Dakota. Opinion filed October 4, 1932. 1. Commerce. “Imports,” as used in Constitution prohibiting state from taxing “imports,” applies only to goods imported from foreign countries, and not to goods transported from one state to […]

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HALL v. CITY OF BELLE FOURCHE, 67 S.D. 435 (1940)

293 N.W. 631 HALL, Respondent, v. CITY OF BELLE FOURCHE, Appellant File No. 8368.Supreme Court of South Dakota. Opinion filed August 30, 1940. 1. Appeal and Error. An order which does not come within those enumerated in statute enumerating orders which are appealable is not reviewable on appeal. SDC 33.0701. 2. Appeal and Error. An […]

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LUKENS v. ZAVADIL, 281 N.W.2d 78 (1979)

Celia LUKENS, Plaintiff and Appellant, v. Cathleen ZAVADIL, Defendant and Respondent. No. 12535.Supreme Court of South Dakota.Argued March 21, 1979. Decided June 28, 1979. Appeal from the Circuit Court, First Judicial Circuit, Yankton County, Donald E. Erickson, J. Page 79 Steven M. Johnson of Brady, Kabeiseman, Reade, Abbott Johnson, Yankton, for plaintiff and appellant. Craig […]

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CITY OF SIOUX FALLS v. BESSLER, 68 S.D. 635 (1942)

5 N.W.2d 633 CITY OF SIOUX FALLS, Respondent, v. BESSLER, et al, (RITER, Intervener) Appellants File No. 8471.Supreme Court of South Dakota.Opinion filed September 25, 1942. Rehearing Denied November 14, 1942. Appeal and Error. In city’s suit to enjoin alleged unlawful use of defendants’ property as a multiple residence contrary to zoning ordinance, judgment for […]

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FRIEBERG v. FRIEBERG, 509 N.W.2d 415 (1993)

Charles R. FRIEBERG, Plaintiff and Appellee, v. Alicia C. FRIEBERG, Defendant and Appellant. No. 18079.Supreme Court of South Dakota.Considered on Briefs May 26, 1993. Decided December 15, 1993. Appeal from the Circuit Court, First Judicial Circuit, Union County, Jay H. Tapken, J. Lee M. McCahren, Vermillion, for plaintiff and appellee. James E. McCulloch, Minick and […]

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O’CONNOR v. O’CONNOR, 307 N.W.2d 132 (1981)

Patricia O’CONNOR, Plaintiff and Appellant, v. Michael O’CONNOR, Defendant and Appellee. No. 13096.Supreme Court of South Dakota.Argued February 13, 1981. Decided June 17, 1981. Appeal from the Circuit Court, First Judicial Circuit, Union County, Earnest W. Hertz, J. Page 133 Douglas E. Kludt of Bergren Duffy, Fort Pierre, for plaintiff and appellant. Frank J. Brady […]

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SCHAFER v. SHOPKO STORES, 2007 SD 116

741 N.W.2d 758 Jeanna SCHAFER, as Guardian Ad Litem of T.F. and T.F., Plaintiff and Appellant, v. SHOPKO STORES, INC., a foreign Corporation, Garry Freier, and Avriel Hertz, Defendants and Appellees. No. 24436.Supreme Court of South Dakota.Considered on Briefs October 1, 2007. Decided November 7, 2007. Appeal from the Circuit Court, First Judicial Circuit, Davison […]

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HENTZ v. THE CITY OF SPEARFISH, 2002 SD 74

648 N.W.2d 338 DONNA HENTZ, Plaintiff and Appellant, v. THE CITY OF SPEARFISH, DEPARTMENT OF PUBLIC WORKS, OFFICE OF PLANNING ZONING, Defendant and Appellee. No. 22168Supreme Court of South Dakota.Considered On Briefs On April 22, 2002. Opinion Filed June 26, 2002. Appeal From The Circuit Court Of The Fourth Judicial Circuit Lawrence County, South Dakota. […]

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BYRUM v. DAKOTA WELLNESS FOUNDATION, 2002 SD 141

654 N.W.2d 215 GALA BYRUM, Claimant, Employee and Appellant, v. DAKOTA WELLNESS FOUNDATION, Employer and Appellee, and STATE FARM INSURANCE COMPANY, Insurer and Appellee. No. 22241Supreme Court of South Dakota.Considered On Briefs On August 26, 2002. Opinion Filed November 20, 2002. Appeal from the Circuit Court of the Sixth Judicial Circuit Hughes County, South Dakota. […]

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STATE v. DUBOIS, 2008 SD 15

746 N.W.2d 197 STATE of South Dakota, Plaintiff and Appellee, Chad Thomas DUBOIS, Defendant and Appellant. No. 23976.Supreme Court of South Dakota.Considered on Briefs January 7, 2008. Decided February 27, 2008. Appeal from the Circuit Court, Third Judicial Circuit, Beadle County, Jon R. Erickson, J. Page 198 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE […]

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STATE v. RASMUSSON, 72 S.D. 400 (1948)

34 N.W.2d 923 STATE, Respondent, v. RASMUSSON, Appellant File No. 8995.Supreme Court of South Dakota. Opinion filed December 2, 1948. 1. Automobiles. Information charging defendant with manslaughter and alleging death of deceased as result of being struck by a motor vehicle driven by defendant while intoxicated, and “by said means” defendant committed crime, was sufficient […]

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