In the Matter of the ESTATE OF Anna WEICKUM, Deceased. Nos. 13452, 13521.Supreme Court of South Dakota.Argued January 21, 1982. Decided March 17, 1982. Appeal from the Circuit Court, Sixth Judicial Circuit, Tripp County, Marvin S. Talbott, J. Page 143 Robert R. Schaub of Larson, Sundall, Larson Schaub, Chamberlain, for contestants and appellants Mary Ertzner, […]
Category: South Dakota Supreme Court Opinions
ST. MARY’S HEALTHCARE CTR. v. HUGHES CTY., 537 N.W.2d 366 (1995)
ST. MARY’S HEALTHCARE CENTER OF PIERRE, South Dakota, Plaintiff and Appellant, v. HUGHES COUNTY, South Dakota, (Dorothy Dean), Defendant and Appellee. ST. MARY’S HEALTHCARE CENTER OF PIERRE, South Dakota, Plaintiff and Appellant, v. HUGHES COUNTY, South Dakota, (Loretta Runge), Defendant and Appellee. Nos. 18943, 18944.Supreme Court of South Dakota.Considered on Briefs April 27, 1995. Decided […]
LODDE v. LODDE, 420 N.W.2d 20 (1988)
Mary Lou LODDE, Plaintiff and Appellee, v. Dean LODDE, Defendant and Appellant. In the Matter of the ESTATE OF Dean W. LODDE, Deceased, Appellant. Nos. 15803 and 15804.Supreme Court of South Dakota.Considered on Briefs November 20, 1987. Decided February 24, 1988. Appeal from the Circuit Court, First Judicial Circuit, Turner County, Riley W. Connelly, J. […]
ABSTRACTS OF SUMMARY DISPOSITIONS, 570 N.W.2d 42 (1997)
Supreme Court of South Dakota. FISCAL YEAR 1997 (Third 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 […]
FEREBEE v. STRAIN, 730 N.W.2d 150 (S.D. 2007)
Ferebee v. Strain. No. 24205.Supreme Court of South Dakota. March 27, 2007. Abstracts of Summary Dispositions. Affirmed (MBT).
HICKMANN v. RAY, 519 N.W.2d 79 (1994)
Carl HICKMANN, Beth Hickmann, and Brian P. Hickmann, Plaintiffs and Appellants, v. Troy W. RAY, D/B/A Eagle Realty, Timothy J. Conrad, Monica Conrad, Sylvia Conrad, Connie Ray and Steven M. Christensen, Defendants and Appellees. No. 18534.Supreme Court of South Dakota.Considered on Briefs March 22, 1994. Decided July 6, 1994. Appeal from the Circuit Court, Eighth […]
NELSON v. WEBER, 714 N.W.2d 899 (S.D. 2006)
NELSON v. WEBER. No. 23933.Supreme Court of South Dakota. May 30, 2006. Affirmed (DRG).
STATE v. BURKMAN, 281 N.W.2d 436 (1979)
STATE of South Dakota, Plaintiff and Respondent, v. Jeffrey Wayne BURKMAN, Defendant and Appellant. No. 12503.Supreme Court of South Dakota.Argued March 20, 1979. Decided July 11, 1979. Appeal from the Circuit Court, Second Judicial Circuit, Minnehaha County, Richard Braithwaite, J. Page 437 Pamela J. Tiede, Asst. State’s Atty., Minnehaha County, Sioux Falls, for plaintiff and […]
APPEAL OF PRESENTATION SISTERS, INC., 471 N.W.2d 169 (1991)
In the Matter of the Appeal of PRESENTATION SISTERS, INCORPORATED, d/b/a McKennan Hospital, a Charitable Corporation. In the Matter of the Appeal of PRESENTATION SISTERS, INCORPORATED, d/b/a St. Joseph Hospital, a Charitable Corporation. Nos. 17151, 17152.Supreme Court of South Dakota.Considered on Briefs January 10, 1991. Decided May 29, 1991. Rehearing Denied June 25, 1991 in […]
STATE v. ONE 1972 LINCOLN CONTINENTAL, 295 N.W.2d 343 (1980)
STATE of South Dakota, Plaintiff and Appellant, v. ONE 1972 LINCOLN CONTINENTAL VIN 2Y89A824320, Defendant and Appellee. 12908.Supreme Court of South Dakota.Considered on Brief of Appellant March 17, 1980. Decided August 13, 1980. Appeal from the Circuit Court, Second Judicial Circuit, Minnehaha County, Irvin N. Hoyt, J. Page 344 Miles F. Schumacher, Asst. Atty. Gen., […]
CAPP HOMES, INC. v. FERGUSON, ET UX, 86 S.D. 65 (1971)
191 N.W.2d 171 CAPP HOMES, INC., Respondent v. FERGUSON et ux, Appellants File No. 10902.Supreme Court of South Dakota. Opinion filed October 26, 1971 Order denying petition for rehearing December 6, 1972 Page 66 Appeal from the circuit court of Jones County; Hon. John B. Jones, Judge. Dallas Brost, Presho, for plaintiff and respondent. William […]
BROOKS v. BROOKS, 470 N.W.2d 827 (1991)
Peggy Lea BROOKS, Plaintiff and Appellee, v. Dale G. BROOKS, Defendant and Appellant. No. 17058.Supreme Court of South Dakota.Considered on Briefs January 10, 1991. Decided May 22, 1991. Appeal from the Circuit Court, Fifth Judicial Circuit, Roberts County, David Gilbertson, J. Page 828 John D. Knight, Watertown, for plaintiff and appellee. Thomas M. Tobin, Aberdeen, […]
LEE v. SCHULTZ, 425 N.W.2d 380 (1988)
Ralph E. LEE and Carolyn B. Lee, Plaintiffs and Appellants, v. Mark G. SCHULTZ, Defendant and Appellee. No. 15682.Supreme Court of South Dakota.Argued October 8, 1987. Decided June 8, 1988. Appeal from the Circuit Court, Fourth Judicial Circuit, Moody County, Thomas L. Anderst, J. T.R. Pardy, of Mumford, Protsch Pardy, Howard, for plaintiffs and appellants. […]
WEILAND v. TOWNSEND, 59 S.D. 94 (1931)
238 N.W. 300 WEILAND, Respondent, v. TOWNSEND, Appellant. File No. 7103.Supreme Court of South Dakota. Opinion filed October 5, 1931. 1. Chattel Mortgages. Chattel mortgage holder held entitled to possession of mortgaged automobile on mortgagor’s default in paying first mortgage note, notwithstanding absence of acceleration clause. Holder of chattel mortgage was entitled to possession, notwithstanding […]
MILLER v. MILLER, 83 S.D. 227 (1968)
157 N.W.2d 537 MILLER, Appellant v. MILLER, Respondent File No. 10392.Supreme Court of South Dakota. Opinion filed March 27, 1968 Rehearing denied April 16, 1968 Page 228 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 229 Appeal from Circuit Court, Butte County; […]
NEW LEAF v. FD DEV., 2010 SD 100
793 N.W.2d 32 NEW LEAF, LLC, Robert J. Dvorak and Vianna June Dvorak, Plaintiffs and Appellants, v. FD DEVELOPMENT OF BLACK HAWK LLC and Family Dollar Stores of South Dakota, Inc., Defendants and Appellees. No. 25566.Supreme Court of South Dakota.Argued on October 6, 2010. Decided December 22, 2010. Appeal from the Circuit Court, Fourth Judicial […]
STATE v. PORTWOOD, 59 S.D. 179 (1931)
238 N.W. 879 STATE, Respondent, v. PORTWOOD, Appellant. File No. 7229.Supreme Court of South Dakota. Opinion filed November 10, 1931. 1. Constitutional Law — False Pretenses. As applied to present dated check, statute forbidding drawing of check with knowledge that funds are insufficient for payment held unconstitutional as imposing imprisonment for debt founded on contract […]
SAGNESS v. FARM. CO-OP. CREAM, 67 S.D. 379 (1940)
293 N.W. 365 SAGNESS, et al, Appellants, v. FARMERS CO-OPERATIVE CREAMERY CO., OF BALTIC AND DELL RAPIDS, et al, a Corporation, et al, Respondents File No. 8350.Supreme Court of South Dakota. Opinion filed July 26, 1940. 1. Corporations. A stockholder or member of a corporation cannot give a proxy or power of attorney to another […]
LAWRENCE COUNTY v. FARMAN, 71 S.D. 511 (1947)
26 N.W.2d 624 Appeal of LAWRENCE COUNTY In re FORMAN File No. 8872.Supreme Court of South Dakota. Opinion filed April 7, 1947. Insane Persons. Evidence warranted finding that legal settlement of patient was in Butte county at time of patient’s commitment to State Hospital for Insane, so as to make Butte county responsible for patient’s […]
STATE v. BRUGUIER, 730 N.W.2d 150 (S.D. 2007)
State v. Bruguier. No. 24096.Supreme Court of South Dakota. February 20, 2007. Abstracts of Summary Dispositions. Affirmed (BVA).
RAPID CITY AREA SCHOOL DIST. v. DE HUECK, 324 N.W.2d 421 (1982)
RAPID CITY AREA SCHOOL DISTRICT No. 51-4, a political subdivision of the State of South Dakota, Plaintiff and Appellee, v. Peter de HUECK (# 13619), Defendant and Appellant, and Marson Beer (# 13620), Intervenor and Appellant. Nos. 13619, 13620.Supreme Court of South Dakota.Argued May 19, 1982. Decided September 22, 1982. Rehearing Denied October. 27, 1982. […]
KERVIN v. KERVIN, 726 N.W.2d 245 (S.D. 2006)
Kervin v. Kervin. No. 24035.Supreme Court of South Dakota. December 4, 2006. Affirmed (JRVW).
ABSTRACTS OF SUMMARY DISPOSITIONS, 384 N.W.2d 323 (1986)
Supreme Court of South Dakota. FISCAL YEAR 1986 (Third Quarter) ABSTRACTS OF SUMMARY DISPOSITIONS Pursuant to SDCL 15-26A-87.1(D), summary dispositions of appeals filed in the South Dakota Supreme Court may not be cited or relied upon as authority in any litigation in any court in South Dakota except when the decision establishes the law of […]
HURLEY v. MEDIA TWP. SCHOOL DIST., 63 S.D. 194 (1934)
257 N.W. 132 HURLEY, Respondent, v. MEDIA TWP. SCHOOL DISTRICT, JERAULD CO., Appellant. File No. 7674.Supreme Court of South Dakota. Opinion filed November 8, 1934. 1. Schools and School Districts. Under statute providing for appeal to county superintendent of schools when common district school is discontinued by school board under preceding statute, appeals to county […]
ESTES v. MILLEA, 464 N.W.2d 616 (1990)
Doyle D. ESTES, Tom Timmons, F.M. Timmons, Thomas G. Timmons and Craig M. Timmons, Plaintiffs and Appellees, v. Roger P. MILLEA and Prudence S. Millea, husband and wife; Reese Williams; Security Inc. Realty, a South Dakota Corporation; Norwest Bank Black Hills N.A.; First Western Federal Savings and Loan Association; South Canyon Townhouse Apartments, a South […]
BLOCK v. BARTELT, 1998 SD 65
580 N.W.2d 152 Gary David BLOCK, Plaintiff and Appellant, v. Mary Ellen BARTELT, a/k/a Mary Ellen Warns, Defendant and Appellee. No. 20323.Supreme Court of South Dakota.Considered on Briefs June 3, 1998. Decided June 24, 1998. Appeal from the Circuit Court, Fifth Judicial Circuit, Day County, Eugene E. Dobberpuhl, J. Danny R. Smeins, Webster, for plaintiff […]
KNIGHT v. MADISON, 2001 SD 120
634 N.W.2d 540 JOHN A. KNIGHT and MARIA CARMEN KNIGHT, Plaintiffs and Appellants, v. STANLEY I. MADISON AND MARILYNN MADISON, individually and in their capacities as co-trustees of the U/D/T dated May 3, 1991, Defendants and Appellees. No. 21829Supreme Court of South Dakota.Considered On Briefs On August 28, 2001. Opinion Filed September 26, 2001. Appeal […]
PESHEK v. PESHEK, 297 N.W.2d 323 (1980)
Ardeth E. PESHEK, Plaintiff and Appellant, v. David J. PESHEK, Defendant and Appellee. Ardeth E. PESHEK, Plaintiff and Appellee, v. David J. PESHEK, Defendant and Appellant. Nos. 12712, 12713.Supreme Court of South Dakota.Considered on Briefs March 17, 1980. Decided August 6, 1980. Appeal from the Circuit Court, Second Judicial Circuit, Minnehaha County, Robert J. Patterson, […]
OLSEN v. CITY OF SPEARFISH, 288 N.W.2d 497 (1980)
Obed M. OLSEN, d/b/a Spearfish KOA, and Annette Christensen and Bryce Christensen, d/b/a Chris’ Campground, Plaintiffs and Appellants, v. CITY of SPEARFISH, a Municipal Corporation, Defendant and Respondent. 12527.Supreme Court of South Dakota.Argued April 18, 1979. Decided February 13, 1980. Appeal from the Circuit Court, Lawrence County, Eighth Judicial Circuit, Scott C. Moses, J. Page […]
BRENDTRO v. NELSON, 2006 SD 71
720 N.W.2d 670 Daniel K. BRENDTRO, Sponsor of an Initiated Measure, Petitioner, v. Chris NELSON, in his official capacity as Secretary of State of South Dakota, Respondent. Cellco Partnership d/b/a, Verizon Wireless, Sponsor of an Initiated Measure, Petitioner, v. Chris Nelson, in his official capacity as Secretary of the State of South Dakota, Respondent. Nos. […]
WIPF v. GENERAL DISCOUNT, CORP., ET AL., 86 S.D. 148 (1971)
192 N.W.2d 727 WIPF, Respondent v. GENERAL DISCOUNT CORP., et al., Appellants File No. 10851.Supreme Court of South Dakota. Opinion filed December 9, 1971 Page 149 Appeal from the circuit court of Yankton County; Hon. E.W. Hertz, Judge. Bangs, McCullen, Butler, Foye Simmons, Geo. A. Bangs, Rapid City, for defendants and appellants. Brady, Kabeiseman, Light […]
STATE v. ROWEN, 757 N.W.2d 328 (S.D. 2008)
State v. Rowen. No. 24747.Supreme Court of South Dakota. September 2, 2008. Abstracts of Summary Dispositions Affirmed (RLM).
RANDALL STANLEY v. ALL SAINTS, 1996 SD 138
555 N.W.2d 802 RANDALL STANLEY ARCHITECTS, INC., Plaintiff and Appellee, v. ALL SAINTS COMMUNITY CORPORATION, a South Dakota Corporation, Defendant, and The Chapter of Calvary Cathedral, Defendant and Appellant. No. 19343.Supreme Court of South Dakota.Considered on Briefs April 24, 1996. Decided December 4, 1996. Appeal from the Circuit Court, Second Judicial Circuit, Minnehaha County, William […]
STATE v. EVENSON, 793 N.W.2d 207 (S.D. 2010)
State v. Evenson. No. 25542.Supreme Court of South Dakota. October 12, 2010. Abstracts of Summary Dispositions Affirmed (MBT)
VAUGHN v. PAYNE, 75 S.D. 292 (1954)
63 N.W.2d 798 VAUGHN, Appellant v. PAYNE, Respondent File No. 9394.Supreme Court of South Dakota. Opinion filed April 7, 1954. 1. Automobiles. In action for damage to tractor unit in collision with oncoming automobile, evidence that automobile skidded across icy highway in front of tractor during a snow storm, did not establish any negligence in […]
KROMER v. SULLIVAN, 88 S.D. 567 (1975)
225 N.W.2d 591 KROMER, Respondent v. SULLIVAN, Appellant File No. 11429.Supreme Court of South Dakota. Opinion filed February 6, 1975 Page 568 Appeal from the District County Court of Fall River County; Hon. Paul Russell, Judge. Roland E. Grosshans and Virgil Hauff, Hot Springs, for plaintiff and respondent. Terry L. Pechota and Arthur Bunce, Mission, […]
JOHANSEN v. JOHANSEN, 365 N.W.2d 859 (1985)
Vernetta Jean JOHANSEN, Plaintiff and Appellee, v. Darrel Ray JOHANSEN, Defendant and Appellant. No. 14540.Supreme Court of South Dakota.Considered on Briefs October 25, 1984. Decided April 3, 1985. Appeal from the Circuit Court, Third Judicial Circuit, Brookings County, Gordon Mydland, J. Page 860 Vernetta Jean Johansen, pro se. William J. Ellingson, Flandreau, for appellant. MORGAN, […]
BENEFIT ASSOCIATION v. STATE, 72 S.D. 320 (1948)
34 N.W.2d 166 NATIONAL BENEFIT ASSOCIATION, et al, Appellants, v. INSURANCE COMMISSIONER OF STATE, et al, Respondents File No. 8993.Supreme Court of South Dakota. Opinion filed October 11, 1948. 1. Amicus Curiae. Where order of insurance commissioner and affirmance thereof by the circuit court did not directly include intervenor companies or associations, and no rights […]
RAMOS v. WEBER, 2000 SD 111
616 N.W.2d 88 JOAQUIN RAMOS, Petitioner and Appellant, v. DOUGLAS WEBER, Warden, South Dakota State Penitentiary, Appellee. No. 21141Supreme Court of South Dakota.Considered on Briefs March 22, 2000. Opinion Filed August 16, 2000. Appeal from the Seventh Judicial Circuit, Pennington County, SD Hon. Thomas L. Trimble, Judge, #21141 — Affirmed. Page 89 Steven R. Binger, […]
STATE v. CARSTEN, 264 N.W.2d 707 (1978)
STATE of South Dakota, Plaintiff and Respondent, v. Guy Leroy CARSTEN, Defendant and Appellant. No. 12193.Supreme Court of South Dakota. April 6, 1978. Appeal from the Circuit Court, Seventh Judicial Circuit, Pennington County, Marshall Young, J. Page 708 LeAnn Larson Finke, Asst. Atty. Gen., Pierre, William J. Janklow, Atty. Gen. Pierre, on brief, for plaintiff […]
ANDERA v. ANDERA, 277 N.W.2d 725 (1979)
Francis James ANDERA, Plaintiff and Respondent, v. Sandra M. ANDERA, Defendant and Appellant. No. 12504.Supreme Court of South Dakota.Argued February 15, 1979. Decided April 19, 1979. Appeal from the Circuit Court, Fourth Judicial Circuit, Brule County, Boyd L. McMurchie, J. Page 726 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF […]
HAMMERQUIST v. WARBURTON, 458 N.W.2d 773 (1990)
Paul F. HAMMERQUIST; Lowell L. Porter; and Lavina R. Porter, Plaintiffs and Appellees, v. John M. WARBURTON, Defendant and Appellant. No. 16806.Supreme Court of South Dakota.Considered on Briefs May 22, 1990. Decided July 11, 1990. Appeal from the Circuit Court of the Seventh Judicial Circuit, Pennington County, John K. Konenkamp, J. William A. May of […]
STATE EX REL v. O’NEILL, 62 S.D. 522 (1934)
254 N.W. 265 STATE ex rel SOUTH DAKOTA GAME AND FISH COMMISSION, et al, v. O’NEILL, State Auditor, et al. File No. 7679.Supreme Court of South Dakota. Opinion filed April 10, 1934. 1. Fish — Game. Under statute providing that 25 per cent of game and fish funds not exceeding $25,000 in any fiscal year, […]
SAVAGE v. SAVAGE, 2003 SD 46
661 N.W.2d 762 KATHRYN J. SAVAGE, Plaintiff and Appellee, v. JAMES A. SAVAGE, Defendant and Appellant. No. 22503Supreme Court of South Dakota.Considered On Briefs On March 26, 2003. Opinion Filed April 23, 2003. Appeal From The Circuit Court Of The Second Judicial Circuit Minnehaha County, South Dakota, Honorable Judith Meierhenry Judge. Page 763 CATHERINE V. […]
STATE OF SOUTH DAKOTA v. EIDY, 65 S.D. 467 (1937)
274 N.W. 874 STATE OF SOUTH DAKOTA, Respondent, v. EIDY, Appellant File No. 8021.Supreme Court of South Dakota. Opinion filed September 10, 1937. 1. Criminal Law. In prosecution for receiving stolen property knowing it to have been stolen, where accused obtained order suppressing evidence obtained in search and admitted on direct examination that he received […]
CITY OF PIERRE v. LAMPERT, 70 S.D. 114 (1944)
15 N.W.2d 360 CITY OF PIERRE, Respondent, v. LAMPERT, Appellant File No. 8617.Supreme Court of South Dakota. Opinion filed July 19, 1944. Criminal Law. Where record failed to disclose that a judgment of conviction had ever been signed, attested, or filed, attempted appeal from conviction would be dismissed. SDC 34.3709. Appeal from Sixth Judicial Circuit […]
STATE v. VIOLETT, 79 S.D. 292 (1961)
111 N.W.2d 598 STATE, Respondent v. VIOLETT, Appellant File No. 9872.Supreme Court of South Dakota. Opinion filed November 7, 1961 Page 293 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 294 Appeal from Circuit Court, Pennington County; Hon. George D. Lampert, Judge. […]
MULDER v. SOUTH DAKOTA DEPARTMENT OF SOCIAL SERVICES, 2004 SD 10
675 N.W.2d 212 ERVIN MULDER, Appellant, v. SOUTH DAKOTA DEPARTMENT OF SOCIAL SERVICES, Appellee. No. 22731Supreme Court of South Dakota.Considered On Briefs October 6, 2003 Opinion Filed January 28, 2004 Appeal From The Circuit Court Of The Sixth Judicial Circuit Hughes County, South Dakota, The Honorable Lori S. Wilbur Judge. Page 213 KATHLENE M. GROTH, […]
HOWE v. FARMERS CO-OP. CREAMERY, 81 S.D. 207 (1965)
132 N.W.2d 844 HOWE, Appellant v. FARMERS COOPERATIVE CREAMERY OF MADISON, et al., Respondents File No. 10148.Supreme Court of South Dakota. Opinion filed February 3, 1965 1. Workmen’s Compensation. Forum for ascertaining material facts in workmen’s compensation case is the Industrial Commissioner. Page 208 2. Workmen’s Compensation. Facts found by Industrial Commissioner in workmen’s compensation […]
IN RE ESTATE OF SIEBRASSE, 2002 SD 26
640 N.W.2d 747 IN THE MATTER OF THE ESTATE of HENRY SIEBRASSE, Deceased No. 21968Supreme Court of South Dakota.Considered On Briefs On January 7, 2002. Opinion Filed February 20, 2002. Appeal From The Circuit Court Of The Sixth Judicial Circuit Potter County, South Dakota. The Honorable James W. Anderson Judge. Page 748 STANLEY E. WHITING, […]
STATE v. MACHMULLER, 2001 SD 82
630 N.W.2d 495 STATE OF SOUTH DAKOTA, Plaintiff and Appellee, v. BRIAN TODD MACHMULLER, Defendant and Appellant. No. 21596Supreme Court of South Dakota.Argued March 19, 2001. Opinion Filed June 27, 2001. Appeal from the Circuit Court of the First Judicial Circuit Yankton County, South Dakota Honorable Arthur L. Rusch, Judge. Page 496 MARK BARNETT, Attorney […]
KUKAL v. KUKAL, 799 N.W.2d 420 (S.D. 2011)
Kukal v. Kukal. Nos. 25784 25803.Supreme Court of South Dakota. May 31, 2011. Abstracts Of Summary Dispositions Affirmed (JLB).
IN RE AMENDMENT OF SDCL 16-12B-1.1, 03-16 (S.D. 9-29-2003)
IN THE MATTER OF THE AMENDMENT OF SDCL 16-12B-1.1 No. 03-16Supreme Court of South Dakota. September 29, 2003 David Gilbertson, Chief Justice A hearing having been held on August 28, 2003, at Pierre, South Dakota, relating to the repeal of SDCL 16-12A-3.1 and reenactment at SDCL 16-12B-1.1, and the Cout having considered the proposed repeal […]
STATE v. BRADLEY, 2010 SD 40
782 N.W.2d 674 STATE of South Dakota, Plaintiff and Appellee, v. Joseph E. BRADLEY, Defendant and Appellant. No. 25326.Supreme Court of South Dakota.Considered on Briefs Febraury 16, 2010. Decided May 12, 2010. Appeal from the Circuit Court of the Seventh Judicial Circuit, Pennington County, Merton Page 675 B. Tice, Jr., J. Page 676 Marty J. […]
STATE v. CLOTHIER, 381 N.W.2d 253 (1986)
STATE of South Dakota, Plaintiff and Appellee, v. Clifford Guy CLOTHIER, Defendant and Appellant. No. 14909.Supreme Court of South Dakota.Argued November 18, 1985. Decided January 29, 1986. Appeal from the Circuit Court of the Seventh Judicial Circuit, Pennington County, John K. Konenkamp, J. Page 254 Frank Geaghan, Asst. Atty. Gen., Pierre, for plaintiff and appellee; […]
NELSON v. STALZER, 730 N.W.2d 150 (S.D. 2007)
Nelson v. Stalzer. No. 24149.Supreme Court of South Dakota. February 20, 2007. Abstracts of Summary Dispositions. Affirmed (ALR).
STATE v. DREPS, 1998 SD 142
558 N.W.2d 339 STATE of South Dakota, Plaintiff and Appellee, v. Joseph William DREPS, Defendant and Appellant. No. 19256.Supreme Court of South Dakota.Considered on Briefs February 15, 1996. Decided December 11, 1996. Appeal from the Circuit Court, Jackson County, Sixth Judicial Circuit, Max A. Gors, J. Mark Barnett, Attorney General, Grant Gormley, Assistant Attorney General, […]
SCHOOL DIST. v. CO. BOARD OF ED., 78 S.D. 63 (1959)
98 N.W.2d 348 GLENHAM INDEPENDENT SCHOOL DISTRICT NO. 12, Appellant v. WALWORTH COUNTY BOARD OF EDUCATION, Respondent MINDT et al., Appellant v. WALWORTH COUNTY BOARD OF EDUCATION, Respondent SCHLOMER et al., Appellants v. PERMAN et al., Respondents File No. 9773.Supreme Court of South Dakota. Opinion filed October 8, 1959 Page 64 [EDITORS’ NOTE: THIS PAGE […]
STATE v. WEDDELL, 410 N.W.2d 553 (1987)
STATE of South Dakota, Plaintiff and Appellee, v. James R. WEDDELL, Defendant and Appellant. No. 15439.Supreme Court of South Dakota. July 29, 1987. Appeal from the Circuit Court, First Judicial Circuit, Charles Mix County, E.W. Hertz, J. Page 554 Robert Mayer, Asst. Atty. Gen., Roger A. Tellinghuisen, on brief, Atty. Gen., Pierre, for plaintiff and […]
DEAN v. SOUTH DAKOTA DEPT. OF LABOR, 367 N.W.2d 779 (1985)
Daraleen DEAN, Appellant, v. SOUTH DAKOTA DEPARTMENT OF LABOR, Respondent and Appellee, and Pennington County Auditor’s Office, Employer and Appellee. No. 14735.Supreme Court of South Dakota.Considered on Briefs March 6, 1985. Decided May 15, 1985. Appeal from the Circuit Court of the Seventh Judicial Circuit, Pennington County, Marshall P. Young, J. Page 780 Tamatane Aga, […]
HANNON v. INTERSTATE POWER CO., 65 S.D. 493 (1937)
275 N.W. 358 HANNON, Respondent, v. INTERSTATE POWER COMPANY, Appellant. File No. 8059.Supreme Court of South Dakota. Opinion filed October 5, 1937. 1. Workmen’s Compensation. The Workmen’s Compensation Act does not deprive physician of right to recover from employer for services rendered to injured employee under contract with employer by action at law in circuit […]
IN RE ESTATE OF SIEBRASSE, 2006 SD 83
722 N.W.2d 86 In the Matter of the ESTATE OF Henry SIEBRASSE, Deceased. Nos. 23832, 23855, 24082.Supreme Court of South Dakota. Considered on Briefs May 23, 2006. Decided August 30, 2006. Appeal from the Circuit Court, Sixth Judicial Circuit, Potter County, James W. Anderson, J. Page 87 Kennith L. Gosch and Melissa E. Neville of […]
PELLEGRINO v. WEBER., 769 N.W.2d 456 (S.D. 2009)
Pellegrino v. Weber. No. 25032.Supreme Court of South Dakota. June 1, 2009. Abstracts of Summary Dispositions Affirmed (SLT).
RANDALL v. PERKINS COUNTY, 72 S.D. 497 (1949)
36 N.W.2d 845 RANDALL, Appellant, v. PERKINS COUNTY, et al, Respondents File No. 9055.Supreme Court of South Dakota.Opinion filed April 11, 1949. Rehearing Denied May 18, 1949. 1. Taxation. Defects, irregularities and formalities in tax proceedings are not excepted from operation of the three year statute of limitations by former owner to recover possession of […]
ROTH v. PIER, 309 N.W.2d 815 (1981)
Albert ROTH, Lenora Schneider, Norbert C. Roth, R. James Zieser, Guardian Ad Litem for Darrin C. Roth, Becky Jo Roth, and Matthew S. Roth, Walter Roth, Agnes Thum and John W. Roth, Plaintiffs and Appellees, v. Philip PIER, Executor of the Estate of Theodor Roth, Deceased, Defendant, and Clarence Roth, Defendant and Appellant. No. 13040.Supreme […]
STATE EX REL. PENNINGTON CO. v. MERNAUGH ET AL., 87 S.D. 495 (1973)
210 N.W.2d 409 STATE EX REL. PENNINGTON COUNTY, et al., Plaintiffs v. MERNAUGH et al., Defendants File No. 11191.Supreme Court of South Dakota. Opinion filed August 31, 1973 Petition for rehearing denied October 12, 1973 Page 496 Original proceeding for a writ of certiorari directing Department of Revenue and State Board of Equalization to set […]
KIRBY v. MADDEN, 66 S.D. 397 (1939)
284 N.W. 54 KIRBY, Appellant v. MADDEN, Respondent File No. 8198.Supreme Court of South Dakota. Opinion filed February 20, 1939. 1. Limitation of Actions. As used in statute relating to limitation of actions, the clause “after the cause of action shall have accrued” does not imply the existence of a person legally competent to enforce […]
HOLLMAN v. DALE ELECTRONICS, 298 N.W.2d 177 (1980)
Darlene HOLLMAN, Employee, Claimant, and Appellee, v. DALE ELECTRONICS, Employer, Defendant, and Appellant, and Liberty Mutual Insurance Co., Insurer, Defendant, and Appellant. No. 12932.Supreme Court of South Dakota.Submitted on Briefs April 22, 1980. Decided November 5, 1980. Appeal from the Circuit Court, First Judicial Circuit, Yankton County, E.W. Hertz, J. Steven M. Johnson of Brady, […]
RANCOUR v. GOLDEN REWARD MINING CO., L.P., 2005 SD 28
694 N.W.2d 51 Arley RANCOUR and Alamarie Rancour, Plaintiffs and Appellants, v. GOLDEN REWARD MINING COMPANY, L.P., Defendant and Appellee. No. 23211.Supreme Court of South Dakota.Considered on Briefs January 10, 2005. Decided March 2, 2005. Appeal from the Circuit Court, Fourth Judicial Circuit, Lawrence County, Warren G. Johnson, J. Page 52 John R. Frederickson, Thomas […]
THORMAHLEN ET AL. v. FOOS, 83 S.D. 558 (1968)
163 N.W.2d 350 THORMAHLEN et al., Respondents v. FOOS, Appellant File No. 10484.Supreme Court of South Dakota. Opinion filed December 13, 1968 Page 559 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 560 Appeal from Circuit Court, Butte County; Hon. Clarence P. […]
SPECK v. ANDERSON, 318 N.W.2d 339 (1982)
Donald SPECK and Joan Speck, Plaintiffs and Appellants, v. George ANDERSON, Defendant and Appellee. No. 13054.Supreme Court of South Dakota.Considered On Briefs January 15, 1981. On Reassignment. Decided April 21, 1982. Appeal from the Circuit Court, Fourth Judicial Circuit, Buffalo County, Marshall M. Gerken, J. Page 340 Leonard E. Andera of Andera, Margadant Erickson, Chamberlain, […]
TSIOLIS v. HATTERSCHEIDT, 85 S.D. 568 (1971)
187 N.W.2d 104 TSIOLIS, Appellant v. HATTERSCHEIDT, Respondent File No. 10750.Supreme Court of South Dakota. Opinion filed May 20, 1971 1. Principal and Agent. Findings in suit by landlord against manager of property for accounting of rents that written agency agreement of 1937 giving manager right to commission upon all rentals under leases made during […]
JONES v. KARTAR PLAZA LTD., 488 N.W.2d 428 (1992)
Patricia A. JONES, Plaintiff and Appellee, v. KARTAR PLAZA LTD., Defendant and Appellant. No. 17730.Supreme Court of South Dakota.Considered on Briefs May 29, 1992. Decided August 19, 1992. Appeal from the Circuit Court, Second Judicial Circuit, Minnehaha County, Robert C. Heege, J. Robert L. Jones, Sioux Falls, for plaintiff and appellee. Mark J. Welter of […]
BYRNE BLDGS. v. WILKINS, 703 N.W.2d 671 (S.D. 2003)
BYRNE BLDGS. v. WILKINS. No. 22695.Supreme Court of South Dakota. October 14, 2003. Abstract of summary disposition Affirmed (JAE).
POPPEN v. CITY OF WATERTOWN, 74 S.D. 402 (1952)
53 N.W.2d 616 POPPEN, Respondent, v. CITY OF WATERTOWN, Appellant File No. 9264.Supreme Court of South Dakota. Opinion filed June 2, 1952. Page 403 Appeal from Circuit Court, Codington County; Hon. Harold W. King, Judge. Judgment affirmed. Lund McCann, Brookings, for Plaintiff and Respondent. Francis C. Burns, Watertown, for Defendant and Appellant. SICKEL, P.J. This […]