Pellegrino v. Weber. No. 25032.Supreme Court of South Dakota. June 1, 2009. Abstracts of Summary Dispositions Affirmed (SLT).
Category: South Dakota Supreme Court Opinions
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 […]
TOWN OF KADOKA v. HODGIN, 59 S.D. 249 (1931)
238 N.W. 887 TOWN OF KADOKA, Respondent, v. HODGIN, et al, Appellants. File No. 7160.Supreme Court of South Dakota. Opinion filed November 18, 1931. Municipal Corporations. In action by municipality on treasurer’s bond for failure to pay over money, evidence not disclosing amount not paid over held insufficient to sustain judgment for municipality. Record disclosed […]
MEDNANSKY v. MEDNANSKY, 683 N.W.2d 423 (S.D. 2004)
MEDNANSKY v. MEDNANSKY. No. 22725.Supreme Court of South Dakota. January 20, 2004. Affirmed (MAG).
STATE v. VOLK, 331 N.W.2d 67 (1983)
STATE of South Dakota, Plaintiff and Appellee, v. Todd M. VOLK, Defendant and Appellant. No. 13791.Supreme Court of South Dakota.Argued January 18, 1983. Decided March 9, 1983. Appeal from the Circuit Court, Fifth Judicial Circuit, Walworth County, Leland J. Berndt, J. Page 68 Mikal Hanson, Asst. Atty. Gen., Mark V. Meierhenry, Atty. Gen., Pierre, on […]
MATTER OF ESTATE OF JETTER, 1997 SD 125
570 N.W.2d 26 In the Matter of the ESTATE OF Robert G. JETTER, Deceased. Nos. 19999, 20020.Supreme Court of South Dakota.Argued August 7, 1997. Decided October 29, 1997. Appeal from the Circuit Court, Sixth Judicial Circuit, Haakon County, Max A. Gors, J. Page 27 Mark Barnett, Attorney General, David D. Wiest, Assistant Attorney General, Pierre, […]
PICKERING v. STATE, 260 N.W.2d 234 (1977)
Patrick PICKERING, Petitioner and Appellant, v. STATE of South Dakota, Respondent. No. 11949.Supreme Court of South Dakota. December 7, 1977. Appeal from the Circuit Court, Second Judicial District, Minnehaha County, Wayne W. Christensen, J. Richard F. Staley, Sioux Falls, for petitioner and appellant. Page 235 Gene Paul Kean, Minnehaha County State’s Atty., Sioux Falls, for […]
STATE v. WEBSTER, 2001 SD 141
637 N.W.2d 392 STATE OF SOUTH DAKOTA, Plaintiff and Appellee, v. ADAM WEBSTER, Defendant and Appellant. No. 21775Supreme Court of South Dakota.Considered On Briefs On October 1, 2001. Opinion Filed December 5, 2001. Appeal From The Circuit Court Of The Third Judicial Circuit Clark County, South Dakota. The Honorable Robert L. Timm Judge. Page 393 […]
BROWN v. CAHANSON, 2007 SD 134
743 N.W.2d 677 Terry BROWN and Susan Brown, Plaintiffs and Appellees, v. James HANSON, Defendant and Appellant. No. 24526.Supreme Court of South Dakota.Considered on Briefs on November 6, 2007. Decided December 26, 2007. Appeal from the Circuit Court, Fourth Judicial Circuit, Meade County, Jerome A. Eck-rich, III, J. Page 678 Dylan A. Wilde, Brady Pluimer, […]
STATE v. McKERCHER, 332 N.W.2d 286 (1983)
STATE of South Dakota, Plaintiff and Appellee, v. Kenneth Michael McKERCHER, Defendant and Appellant. No. 13689.Supreme Court of South Dakota.Considered on Briefs November 18, 1982. Decided April 13, 1983. Appeal from the Circuit Court of the Second Judicial Circuit, Minnehaha County, Richard D. Hurd, J. Mark V. Meierhenry, Atty. Gen., Pierre, for plaintiff and appellee; […]
STATE v. GOFF, 74 S.D. 312 (1952)
52 N.W.2d 300 STATE, Respondent, v. GOFF, Appellant File No. 9230.Supreme Court of South Dakota. Opinion filed March 4, 1952. Rehearing denied April 19, 1952. Appeal from Circuit Court of Pennington County; Hon. Turner M. Rudesill, Judge. Page 313 Judgment affirmed. Thos. G. Wall, Sturgis, for Defendant and Appellant. Ralph A. Dunham, Atty. Gen., Russell […]
BARNHART v. HERSETH, 88 S.D. 503 (1974)
222 N.W.2d 131 BARNHART, Respondent v. HERSETH, Appellant File No. 11537.Supreme Court of South Dakota. Opinion filed October 3, 1974 Page 504 Appeal from the Circuit Court of Hughes County; Hon. Robert A. Miller, Judge. Horace R. Jackson and Fred M. Winkler of Lynn, Jackson, Shultz,Ireland Lebrun, Rapid City, for petitioner and respondent. Kermit A. […]
HANKS v. CORSON COUNTY BD. COM’RS, 2005 SD 38
694 N.W.2d 698 Curtis W. HANKS, Plaintiff and Appellee, v. CORSON COUNTY BOARD OF COMMISSIONERS, Defendant and Appellant. No. 23054.Supreme Court of South Dakota.Argued October 5, 2004. Reassigned December 13, 2004. Decided March 16, 2005. Appeal from the Circuit Court, Fourth Judicial Circuit, Corson County, Warren G. Johnson, J. Page 699 Eldon R. Anson, Curtis […]
JAHNIG v. JAHNIG, 62 S.D. 89 (1933)
251 N.W. 818 JAHNIG, Respondent, v. JAHNIG, et al, Appellants. File No. 7428.Supreme Court of South Dakota. Opinion filed December 19, 1933. Master and Servant. Mere filing of petition for review with Industrial Commission without action thereon could not make original order of commissioner sitting in lieu of board of arbitration appealable (Rev. Code 1919, […]
PRODUCTION CREDIT ASSOCIATION v. WYNNE, 474 N.W.2d 735 (1991)
PRODUCTION CREDIT ASSOCIATION OF THE MIDLANDS, a federally chartered corporation, Plaintiff and Appellee, v. Mary WYNNE and John Holm, d/b/a Wynne and Holm, a South Dakota Professional Corporation, Defendants and Appellants, and First Bank of South Dakota, N.A., a South Dakota Banking Corporation. Defendant and Appellee. Nos. 17218, 17298.Supreme Court of South Dakota.Argued March 19, […]
PENNOCK v. PENNOCK, 356 N.W.2d 913 (1984)
Peg PENNOCK, Plaintiff and Appellant v. Levis PENNOCK, Defendant and Respondent. No. 14447.Supreme Court of South Dakota.Considered on Briefs September 10, 1984. Decided October 24, 1984. Appeal from the Second Judicial Circuit Court, Minnehaha County, Robert C. Heege, J. Page 914 David R. Gienapp of Arneson, Issenhuth Gienapp, Madison, for plaintiff and appellant. Fredric Butler, […]
MEADE EDUCATION ASSOCIATION v. MEADE SCH. DIST. 46-1, 399 N.W.2d 885 (1987)
MEADE EDUCATION ASSOCIATION, Appellee, v. MEADE SCHOOL DISTRICT 46-1, Appellant. No. 15364.Supreme Court of South Dakota.Argued October 23, 1986. Decided January 21, 1987. Rehearing Denied February 11, 1987. Page 886 Appeal from the Circuit Court, Eighth Judicial Circuit, Meade County, Robert L. Tschetter, J. Linda Lea M. Viken of Finch and Viken, Rapid City, for […]
SHAFFER v. HONEYWELL, INC., 249 N.W.2d 251 (1976)
Robert J. SHAFFER et al., Plaintiffs and Respondents, v. HONEYWELL, INC., a corporation, Defendant and Appellant, and A.J. Industries, Inc., a corporation, et al., Defendants and Appellants. Nos. 11635, 11637 and 11643.Supreme Court of South Dakota. December 31, 1976. Appeal from the Circuit Court, Fifth Judicial Circuit, Brown County, Sigurd Anderson, J. Page 252 [EDITORS’ […]
BANK OF IPSWICH v. RYAN, 67 S.D. 83 (1939)
289 N.W. 87 BANK OF IPSWICH, et al, Respondents, v. RYAN, et al, Appellants File No. 8223.Supreme Court of South Dakota. Opinion filed December 12, 1939. Appeal from Circuit Court, Mellette County; Hon. J.R. Cash, Judge. Tom Donahue, of White River, and Sutherland Payne, of Pierre, for Appellants. M.Q. Sharpe, of Kennebec, for Respondent. PER […]
PEOPLE IN INTEREST OF H.M., 474 N.W.2d 267 (1991)
PEOPLE of the State of South Dakota in the Interest of H.M. and S.M., Minor Children, and Concerning D.M., P.M., and the Department of Social Services. Nos. 17096, 17145.Supreme Court of South Dakota.Considered on Briefs April 24, 1991. Decided August 14, 1991. Appeal from the Circuit Court of the Eighth Judicial Circuit, Butte County, Robert […]
WHITING v. HOFFINE, 294 N.W.2d 921 (1980)
Dianna WHITING, Plaintiff and Appellant, v. Lowell H. HOFFINE and Viola M. Hoffine, Defendants and Appellees. David WHITING, Plaintiff and Appellant, v. Lowell H. HOFFINE and Viola M. Hoffine, Defendants and Appellees. Nos. 12769, 12770.Supreme Court of South Dakota.Argued April 23, 1980. Decided July 23, 1980. Appeal from the Circuit Court, Sixth Judicial Circuit, Tripp […]
FIRST NATIONAL BANK v. SIMAN, 65 S.D. 514 (1937)
275 N.W. 347 THE FIRST NATIONAL BANK OF PIPESTONE, Appellant, v. SIMAN, et al, Respondents. File No. 8046.Supreme Court of South Dakota. Opinion filed October 5, 1937. 1. Chattel Mortgages. A breach of conditions of chattel mortgage which gives mortgagee right to possession gives mortgagee such qualified ownership as will enable him to maintain action […]
BROWN v. DOUGLAS SCHOOL DISTRICT, 2002 SD 92
650 N.W.2d 264 DOROTHY J. BROWN, Plaintiff and Appellee, v. DOUGLAS SCHOOL DISTRICT, EMPLOYER AND APPELLANT, and ASSOCIATED SCHOOL BOARDS OF SOUTH DAKOTA WORKER’S COMPENSATION TRUST FUND, PROVIDER AND APPELLANT. No. 22050Supreme Court of South Dakota.Argued On February 12, 2002. Opinion Filed July 31, 2002. Appeal From The Circuit Court Of The Seventh Judicial Circuit […]
STATE v. BLACK FEATHER, 266 N.W.2d 563 (1978)
STATE of South Dakota, Plaintiff and Respondent, v. Roy J. BLACK FEATHER, Defendant and Appellant. No. 12280.Supreme Court of South Dakota.Argued February 17, 1978. Decided June 8, 1978. Appeal from the Circuit Court of the Sixth Judicial District, Bennett County, Donald L. Heck, J. Carl F. Haberstick, Sp. Asst. Atty. Gen., Parkston, for plaintiff and […]
FED. LAND BANK v. SCHLEY, 67 S.D. 476 (1940)
293 N.W. 879 THE FEDERAL LAND BANK OF OMAHA, v. SCHLEY, et al, Respondents File No. 8360.Supreme Court of South Dakota. Opinion filed September 24, 1940. Mortgages. Where note, providing that separate estate of each maker should be bound for its payment, was secured by a realty mortgage which was not given in payment of […]
STATE v. OSGOOD, 2003 SD 87
667 N.W.2d 687 STATE OF SOUTH DAKOTA, Plaintiff and Appellee, v. WILLIAM ROBERT OSGOOD, II, Defendant and Appellant, No. 22474Supreme Court of South Dakota.Argued On February 12, 2003 Opinion Filed July 23, 2003 Page 688 Appeal From The Circuit Court Of The Fourth Judicial Circuit Meade County, South Dakota. Honorable Jerome A. Eckrich, Iii Judge. […]
STAMMERJOHAN v. SIMS, 72 S.D. 189 (1948)
31 N.W.2d 449 STAMMERJOHAN, Cross-Appellant v. SIMS, Defendant and Appellant File Nos. 8902 and 8903.Supreme Court of South Dakota. Opinion filed March 3, 1948. 1. Automobiles. Evidence warranted finding that plaintiff, whose automobile collided with defendant’s approaching automobile at or near edge of narrow bridge, negligently failed to dim headlights. SDC 44.0356. Page 190 2. […]
PESKA CONSTRUCTION COMPANY, INC. v. PORTZ INVESTMENT, 2003 SD 136
672 N.W.2d 483 PESKA CONSTRUCTION COMPANY, INC., a South Dakota Corporation, Plaintiff and Appellee, v. PORTZ INVESTMENT, Limited Liability Partnership, Defendant, and AREA STEEL, and RYAN SHAWD, Individual, Defendants and Appellants. Nos. 22549, 22575Supreme Court of South Dakota.Considered On Briefs On October 6, 2003 Opinion Filed November 25, 2003 Appeal From The Circuit Court Of […]
STRAIN v. RAPID CITY SCHOOL BD, 447 N.W.2d 332 (1989)
David STRAIN, Plaintiff and Appellant, v. RAPID CITY SCHOOL BOARD FOR RAPID CITY AREA SCHOOL DISTRICT, Defendant and Appellee. No. 16405.Supreme Court of South Dakota.Argued March 22, 1989. Decided October 11, 1989. Appeal from the Circuit Court, Seventh Judicial Circuit, Pennington County, Jeff W. Davis, J. Page 333 Wayne F. Gilbert of Banks, Johnson, Johnson, […]
STATE v. DERBY, 462 N.W.2d 512 (1990)
STATE of South Dakota, Plaintiff and Appellee, v. Duane DERBY, Defendant and Appellant. No. 16960.Supreme Court of South Dakota.Argued September 18, 1990. Decided November 7, 1990. Appeal from the Circuit Court, Third Judicial Circuit, Codington County, Dale E. Bradshaw, J. Ann C. Meyer, Asst. Atty. Gen., Roger A. Tellinghuisen, Atty. Gen., on brief, Pierre, for […]
ABERDEEN CABLE TV v. ABERDEEN S.D. TV, 85 S.D. 57 (1970)
176 N.W.2d 738 ABERDEEN CABLE TV SERVICE, INC., Respondents v. CITY OF ABERDEEN et al., Defendants and Respondents and SOUTH DAKOTA TELEVISION, INC., Intervenor, Defendant and Appellant File No. 10731.Supreme Court of South Dakota. Opinion filed May 5, 1970 Petition for rehearing denied June 30, 1970 Page 58 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES […]
WELLS JR., ET AL., v. WEDEHASE ET AL., 78 S.D. 223 (1960)
100 N.W.2d 399 RE DELLEPHINE BURNS ESTATE WELLS, Jr., et al., Appellants v. WEDEHASE et al., Respondents File No. 9750 and 9751.Supreme Court of South Dakota. Opinion filed January 6, 1960 Page 224 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 225 […]
CARNICLE v. SWANN, 314 N.W.2d 311 (1982)
Clifford CARNICLE, d/b/a Carnicle Construction, Plaintiff and Appellee, v. George SWANN, Jr., Defendant and Appellant. No. 13291.Supreme Court of South Dakota.Argued May 20, 1981. January 6, 1982. Appeal from the Circuit Court, Second Judicial Circuit, Minnehaha County, Wayne W. Christensen, J. Phillip O. Peterson of Frieberg, Frieberg Peterson, Beresford, for plaintiff and appellee. Robert E. […]
RABENBERG v. RIGNEY, 1999 SD 71
597 N.W.2d 424 JONI RABENBERG, Acting Administrator, of the South Dakota Human Services Center, a/k/a, George Mickelson Center for the Neurosciences, Petitioner and Appellee, v. BERNARD RIGNEY, Appellant. Supreme Court of South Dakota.Argued March 24, 1999; Opinion Filed June 16, 1999. Appeal from the First Judicial Circuit, Yankton County, SD Hon. Kathleen K. Caldwell, Judge, […]
STATE v. BAUGHMAN, 740 N.W.2d 887 (S.D. 2007)
State v. Baughman. No. 24341.Supreme Court of South Dakota. September 4, 2007. Abstracts of Summary Dispositions Affirmed (APF).
IN RE ESTATE OF PALMER, 2007 SD 133
744 N.W.2d 550 In the Matter of the ESTATE OF Connie L. PALMER, Deceased. No. 24422.Supreme Court of South Dakota.Considered on Briefs November 6, 2007. Decided December 26, 2007. Appeal from the Circuit Court, First Judicial Circuit, Davison County, Glen W. Eng, J. Jonathan K. Van Patten, Vermillion, South Dakota and David Natvig of Natvig […]
STATE v. AUSTIN, 84 S.D. 405 (1969)
172 N.W.2d 284 STATE, Respondent v. AUSTIN, Appellant File No. 10472.Supreme Court of South Dakota. Opinion filed November 19, 1969 Page 406 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 407 Appeal from Circuit Court, Pennington County; Hon. F. Thomas Parker, Judge. […]
CRAMER v. CRAMER ET UX., 81 S.D. 94 (1964)
131 N.W.2d 102 CRAMER, Respondent v. CRAMER et ux., Appellants File No. 10079.Supreme Court of South Dakota. Opinion filed October 28, 1964 1. Appeal and Error. Reviewing court was required to accept version of evidence, including inferences that could be fairly drawn therefrom, favorable to trial court’s action and was not free to disturb findings […]
WILLOW, INC. v. YANKTON CO., 89 S.D. 643 (1975)
237 N.W.2d 660 WILLOW, INC., Appellant v. YANKTON CO., Respondent File No. 11627.Supreme Court of South Dakota. Opinion filed December 19, 1975 Page 644 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 645 Appeal from the Circuit Court of Yankton County; Hon. […]
HAINES v. WAITE, 60 S.D. 199 (1932)
244 N.W. 113 HAINES, Appellant, v. WAITE, Respondent. File No. 7388.Supreme Court of South Dakota. Opinion filed September 10, 1932. Appeal and Error. Where through clerical inadvertence justification of undertaking for costs failed to allege sureties’ property was within state, appellant held entitled to file amended undertaking, even after expiration of time for appeal (Rev. […]
STATE v. CLARK, 2011 SD 20
798 N.W.2d 160 The STATE of South Dakota, Acting by and through the DEPARTMENT OF TRANSPORTATION and the South Dakota Transportation Commission, Plaintiff and Appellant, v. Philip G. CLARK, P J Enterprises, L.L.C. and Hansen Manufacturing, Corporation, Defendants and Appellees. No. 25788.Supreme Court of South Dakota.Considered on Briefs March 21, 2011. Decided May 11, 2011. […]
IN RE OPINION OF THE JUDGES, 59 S.D. 469 (1932)
240 N.W. 600 In Re OPINION OF THE JUDGES File No. 7393.Supreme Court of South Dakota. Opinion filed February 6, 1932. 1. Taxation. Legislature cannot validly enact legislation appropriating feed or money for carrying citizens’ live stock through winter (Const. art. 11, § 2). 2. Licenses. Motor fuel tax held no different from any other, […]
FIN-AG v. PIPESTONE, 2008 SD 48
754 N.W.2d 29 FIN-AG, INC., Plaintiff and Appellee, v. PIPESTONE LIVESTOCK AUCTION MARKET, INC., Defendant and Appellant, and Dacotah Bank, Defendant. Fin-Ag, Inc., Plaintiff and Appellee, v. South Dakota Livestock Sales of Watertown, Inc., Defendant and Appellant, and Dacotah Bank, Defendant. Nos. 23982, 23984, 24001.Supreme Court of South Dakota.Argued November 29, 2006. Order Granting Rehearing […]
STATE v. LIST, 2009 SD 73
771 N.W.2d 644 STATE of South Dakota, Plaintiff and Appellee, v. Dennis Charles LIST, Defendant and Appellant. No. 24972.Supreme Court of South Dakota.Considered on Briefs March 23, 2009. Decided August 12, 2009. Appeal from the Circuit Court, First Judicial Circuit, Yankton County, Glen W. Eng, J. Lawrence E. Long, Attorney General, Assistant Attorney General, Frank […]
JUDD v. MEOSKA, 76 S.D. 537 (1957)
82 N.W.2d 283 JUDD, Respondent v. MEOSKA et al., Appellants File No. 9615.Supreme Court of South Dakota. Opinion filed April 5, 1957. Rehearing denied May 10, 1957. Page 538 Appeal from Circuit Court, Jones County; Hon. J.F. Frame, Judge. Action to determine adverse claims to realty. From a judgment rendered plaintiff, defendants appeal. Reversed. M.Q. […]
DILLON v. WEBER, 2007 SD 81
737 N.W.2d 420 Farrell DILLON, Petitioner and Appellant, v. Doug WEBER, Warden of the South Dakota State Penitentiary, Respondent and Appellee. No. 23985.Supreme Court of South Dakota.Argued March 19, 2007. Decided August 1, 2007. Appeal from the Seventh Judicial Circuit Court, Pennington County, Merton B. Tice, Jr., J. Page 421 [EDITORS’ NOTE: THIS PAGE CONTAINS […]
FANNING v. IVERSEN, 535 N.W.2d 770 (1995)
Dick FANNING, Plaintiff and Appellee, v. N. Ruth IVERSEN, Defendant and Appellant. No. 18905.Supreme Court of South Dakota.Considered on Briefs April 27, 1995. Decided August 9, 1995. Appeal from the Circuit Court, Seventh Judicial Circuit, Custer County, Merton B. Tice, J. Page 771 James L. Waggoner, Rapid City, for plaintiff and appellee. N. Ruth Iversen, […]
ROSEBUD SIOUX TRIBE v. STRAIN, 432 N.W.2d 259 (1988)
ROSEBUD SIOUX TRIBE, Plaintiff and Appellee, v. Michael STRAIN, Defendant and Appellant. No. 15929.Supreme Court of South Dakota.Argued May 24, 1988. Decided November 23, 1988. Rehearing Denied December 29, 1988. Appeal from the Sixth Judicial Circuit Court, Mellette County, Marshall M. Gerken, J. Page 260 Charles Rick Johnson of Johnson, Eklund Davis, Gregory, J.M. Grossenburg […]
FUHR v. CITY OF COLMAN, 65 S.D. 584 (1937)
276 N.W. 727 FUHR, et al, Respondents, v. CITY OF COLMAN, Appellant. File No. 8033.Supreme Court of South Dakota. Opinion filed December 24, 1937. Municipal Corporations. A petition for exclusion of land from within corporate limits of municipality should be granted and the land relieved of municipal tax burden, where present and prospective use of […]
NOVAK v. NOVAK, 2007 SD 108
741 N.W.2d 222 Leonard NOVAK, Personal Representative of the Estate of Lillian Novak, Plaintiff and Appellant, v. Edward S. NOVAK, Defendant and Appellee. No. 24348.Supreme Court of South Dakota.Considered on Briefs August 27, 2007. Decided October 24, 2007. Appeal from the Circuit Court of the Sixth Judicial Circuit, Bennett County, Robert A. Miller, J. Page […]
STATE v. SANKEY, 68 S.D. 127 (1941)
299 N.W. 235 STATE, Respondent, v. SANKEY, Appellant File No. 8402.Supreme Court of South Dakota.Opinion filed July 3, 1941. Rehearing Denied September 9, 1941. 1. Licenses. The purpose of the legislature in adopting the Motor Vehicle Fuel Tax Law was to impose a tax on user of motor vehicle fuel and not upon the dealer. […]
WILLIAMS v. WILLIAMS, 425 N.W.2d 390 (1988)
Sandy K. WILLIAMS, Plaintiff and Appellee, v. Barney D. WILLIAMS, Defendant and Appellant. No. 15940.Supreme Court of South Dakota.Considered on Briefs March 24, 1988. Decided June 22, 1988. Appeal from the Fifth Judicial Circuit Court, Brown County, Eugene E. Dobberpuhl, J. Robert W. Gunderson of Gunderson, Farrar, Aldrich DeMersseman, Rapid City, for plaintiff and appellee. […]
BRADLEY v. WEBER, 1999 SD 68
595 N.W.2d 615 DAVID RAY BRADLEY, Petitioner and Appellant, v. DOUG WEBER, Warden, South Dakota State Penitentiary, Appellee. Supreme Court of South Dakota.Considered on Briefs March 25, 1999 Opinion Filed June 9, 1999. Appeal from the Second Judicial Circuit, Minnehaha County, SD Hon. William J. Srstka Jr., Judge, #20555 — Affirmed Page 616 [EDITORS’ NOTE: […]
N.W. NAT’L. BANK OF S.F. v. DANIEL, ET AL., 80 S.D. 528 (1964)
127 N.W.2d 714 NORTHWESTERN NATIONAL BANK OF SIOUX FALLS, Appellant v. DANIEL, et al., Respondents File No. 10085.Supreme Court of South Dakota. Opinion filed April 21, 1964 1. Wills. “Will” is statement of testator’s intended disposition of his property after death. 2. Wills. An otherwise valid contractual instrument is not rendered testamentary merely because it […]
FRAZIER v. TRAVELERS INS. CO., 66 S.D. 638 (1939)
287 N.W. 589 FRAZIER, Respondent, v. THE TRAVELERS INSURANCE CO. OF HARTFORD, CONN., Appellant File No. 8246.Supreme Court of South Dakota. Opinion filed September 8, 1939. 1. Insurance. As respects meaning of “total disability” as used in accident policy, the quoted words do not mean, as a literal construction would require, a state of absolute […]
STATE v. CATCH THE BEAR, 352 N.W.2d 637 (1984)
STATE of South Dakota, Plaintiff and Appellant, v. Collins CATCH THE BEAR, Defendant and Appellee. No. 14349.Supreme Court of South Dakota.Argued April 18, 1984. Decided June 6, 1984. Rehearing Denied July 10, 1984. Appeal from the Circuit Court, Seventh Judicial Circuit, Pennington County, Roland E. Grosshans, J. Thomas Harmon, Asst. Atty. Gen., Pierre, for plaintiff […]
GOODWIN v. BENNETT CO. IND. SCH. DIST., 88 S.D. 639 (1975)
226 N.W.2d 166 GOODWIN, Appellant v. BENNETT COUNTY HIGH SCHOOL IND. SCHOOL DISTRICT, et al., Respondents File No. 11413.Supreme Court of South Dakota. Opinion filed February 21, 1975 Page 640 Appeal from the Circuit Court of Bennett County; Hon. John B. Jones, Judge. Costello, Porter, Hill, Banks Nelson, Rapid City, for petitioner and appellant. Fredric […]
FIRST NAT. BANK OF ABERDEEN v. JACOBS, 273 N.W.2d 743 (1978)
FIRST NATIONAL BANK OF ABERDEEN, Miguel M. Serna and Anita R. Serna, Plaintiffs and Respondents, v. Robert B. JACOBS, Kathleen C. Jacobs, Brown County, a Public Corporation, Louis Ludwig, Larson Concrete Co., Hub City Livestock Sales, Inc., South Dakota Wheat Growers Association, Redfield Livestock Auction, Inc., and Triple U Enterprises, Inc., Defendants, and Leaseamerica Corporation, […]
E.H. v. M.H., 512 N.W.2d 148 (1994)
E.H., Plaintiff and Appellee, v. M.H., Defendant and Appellant. Nos. 18020, 18227.Supreme Court of South Dakota.Argued October 4, 1993. Decided February 2, 1994. Appeal from the Second Judicial Circuit Court, Minnehaha County, James W. Anderson, J. Robert L. O’Connor, Sioux Falls, for plaintiff and appellee. Charles L. Dorothy, Sioux Falls, for defendant and appellant. HENDERSON, […]
PARKER v. HARDY, 73 S.D. 247 (1950)
41 N.W.2d 555 PARKER, Respondent, v. HARDY, Appellant File No. 9062.Supreme Court of South Dakota. Opinion filed February 27, 1950. Appeal from Circuit Court, Grant County; Hon. Van Buren Perry, Judge. Action by James D. Parker against J. Herschel Hardy for damages as the result of a collision. From order granting plaintiff’s motion to strike […]
OWENS v. F.E.M. ELEC. ASS’N, INC., 2005 SD 35
694 N.W.2d 274 Robert OWENS, Employee and Appellant, v. F.E.M. ELECTRIC ASSOCIATION, INC., Employer, and Federated Rural Electric Insurance Corp., Insurer and Appellee. No. 23155.Supreme Court of South Dakota. Considered on Briefs October 4, 2004. Decided March 9, 2005. Appeal from The Circuit Court, Fifth Judicial Circuit, Brown County, Eugene E. Dobberpuhl, J. Page 275 […]
DARDANELLA FINANCIAL v. HOME FEDERAL SAV., 392 N.W.2d 834 (1986)
DARDANELLA FINANCIAL CORPORATION, a South Dakota corporation, and Lee O. Rensberger, Plaintiffs and Appellants v. HOME FEDERAL SAVINGS AND LOAN ASSOCIATION OF SIOUX FALLS, by merger First Federal Savings And Loan Association of Sioux Falls, and Silver Valley, a Co-Partnership, Defendants and Appellees. FIRST FEDERAL SAVINGS AND LOAN ASSOCIATION OF SIOUX FALLS, now Home Federal […]
FOLEY v. WATERTOWN C. HEATING CO., 61 S.D. 488 (1933)
249 N.W. 815 FOLEY et al, Respondents, v. WATERTOWN CENTRAL HEATING CO., Appellant. File No. 7547.Supreme Court of South Dakota. Opinion filed August 12, 1933. Corporations. Corporation which, with full knowledge of facts, voluntarily issued new stock certificate to purchaser of stock from estate of stockholder whose widow represented that old certificate had been destroyed, […]
ANDERSON v. CACTUS HEIGHTS C’TRY CLUB, 80 S.D. 417 (1963)
125 N.W.2d 491 ANDERSON, Respondent v. CACTUS HEIGHTS COUNTRY CLUB et al., Appellants File No. 10051.Supreme Court of South Dakota. Opinion filed December 26, 1963 1. Damages. Parties may agree to amount to be paid in event of breach if agreement is result of reasonable endeavor by parties to provide only fair compensation for loss […]