104 N.W.2d 476 WENTZEL, Appellant v. HUEBNER et al., Respondents File No. 9826.Supreme Court of South Dakota. Opinion filed August 11, 1960 Page 472 Appeal from Circuit Court, Pennington County, Hon. Thomas Parker, Judge. Garnishment proceedings by automobile passenger against host driver’s liability insurer. From the entry of judgment dismissing proceedings as premature, passenger appeals. […]
Category: South Dakota Supreme Court Opinions
STATE v. TITUS, 64 S.D. 280 (1936)
266 N.W. 260 STATE, Respondent, v. TITUS, Appellant. File No. 7775.Supreme Court of South Dakota. Opinion filed April 7, 1936. 1. Criminal Law. Permitting witnesses whose names were not indorsed on information to testify for state in larceny prosecution held not error, where defense had notice before trial that state would call witnesses and defense […]
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, […]
HILLS MATERIALS CO., INC., v. VAN JOHNSON, 316 N.W.2d 646 (1982)
HILLS MATERIALS COMPANY, INC., Plaintiff and Appellee, v. R. VAN JOHNSON, Secretary of Revenue, Defendant and Appellant. No. 13470.Supreme Court of South Dakota.Argued January 19, 1982. Decided March 3, 1982. Appeal from the Circuit Court, Seventh Judicial Circuit, Pennington County, Marshall Young, J. Page 647 Edward C. Carpenter of Costello, Porter, Hill, Nelson, Heisterkamp Bushnell, […]
STATE v. HOXENG, 315 N.W.2d 308 (1982)
STATE of South Dakota, Plaintiff and Appellee, v. Susan Lynn HOXENG (13498), Defendant and Appellant. STATE of South Dakota, Plaintiff and Appellee, v. Keith Allen WYLIE (13499), Defendant and Appellant. Nos. 13498, 13499.Supreme Court of South Dakota. January 13, 1982. Appeal from the Magistrate Court, First Judicial Circuit, Yankton County, Mary Dell Cody, J. Larry […]
STATE v. LOFTUS, 1997 SD 131
573 N.W.2d 167 STATE of South Dakota, Plaintiff and Appellee, v. Robert John LOFTUS, Defendant and Appellant. No. 19731.Supreme Court of South Dakota.Considered on Briefs October 21, 1997. Decided December 3, 1997. Appeal from the Circuit Court, Seventh Judicial Circuit, Pennington County, Thomas L. Trimble, J. Page 168 Mark Barnett, Attorney General, Frank Geaghan, Assistant […]
STATE v. SCHOUTEN, 2005 SD 122
707 N.W.2d 820 STATE of South Dakota, Plaintiff and Appellee, v. Brian Donald SCHOUTEN, Defendant and Appellant. No. 23462.Supreme Court of South Dakota. Considered on Briefs on August 30, 2005. Decided December 14, 2005. Appeal from the Second Judicial Circuit Court, Minnehaha County, Glen A. Severson, J. Page 821 Lawrence E. Long, Attorney General, Gary […]
STATE v. REUTTER, 374 N.W.2d 617 (1985)
STATE of South Dakota, Plaintiff and Appellee, v. Robert REUTTER, Defendant and Appellant. No. 14612.Supreme Court of South Dakota.Argued January 11, 1985. Decided September 6, 1985. Appeal from the Second Judicial Circuit Court, Minnehaha County Gene Paul Kean, J. Page 618 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE […]
McMULLEN v. GRAHAM, 71 S.D. 638 (1947)
28 N.W.2d 747 McMULLEN, Respondent, v. GRAHAM, Appellant File No. 8899.Supreme Court of South Dakota.Opinion filed August 29, 1947. Rehearing Denied October 6, 1947. Sales. Evidence was insufficient to establish seller’s breach of express or implied warranty of suitability of furnace stoker for buyer’s steam heating plant and failure to offer to furnish control switch […]
STENE v. HILLGREN, 77 S.D. 165 (1958)
88 N.W.2d 109 STENE, Appellant v. HILLGREN, Respondent File No. 9684.Supreme Court of South Dakota. Opinion filed February 20, 1958 Appeal from Circuit Court, Minnehaha County; Hon. George A. Rice, Judge. Affirmed. Gene E. Pruitt, Sioux Falls, for Plaintiff and Appellant. James O. Berdahl, Sioux Falls, for Defendant and Respondent. Page 166 SMITH, J. This […]
BOEHRS v. MADSEN, 63 S.D. 552 (1935)
261 N.W. 926 BOEHRS, Respondent, v. MADSEN, Appellant. File No. 7817.Supreme Court of South Dakota. Opinion filed July 23, 1935. 1. Elections. In election contest, question whether ballots had been so preserved that they could be safely used to defeat result shown by returns held fact question for trial court. 2. Elections. In election contest […]
STATE EX REL PAPKE v. DENU, 66 S.D. 282 (1938)
281 N.W. 822 STATE, ex rel PAPKE, Plaintiff, v. DENU, Judge File No. 8241.Supreme Court of South Dakota. Opinion filed October 31, 1938. 1. Counties. Under constitutional provision for submission of question of change of county seat to people after filing with board of county commissioners of petition by majority of legal voters of the […]
IN RE MONTANA-DAKOTA UTILITIES CO., 2007 SD 104
740 N.W.2d 873 In the Matter of the Petition of MONTANA-DAKOTA UTILITIES CO. for Approval to Provide Electrical Service for the New North Central Farmers Elevator to be Located Near Bowdle, South Dakota. No. 24448.Supreme Court of South Dakota.Argued on August 30, 2007. Decided October 17, 2007. Appeal from the Circuit Court, Sixth Judicial Circuit, […]
JORGENSON v. VENER, 2000 SD 87
613 N.W.2d 50 DAVID JORGENSON and LAURA JORGENSON, Plaintiffs and Appellants, v. MICHAEL J. VENER, M.D., Defendant and Appellee. No. 21139Supreme Court of South Dakota.Argued March 22, 2000. Opinion Filed July 5, 2000. Appeal from the Third Judicial Circuit, Codington County, SD Hon. Robert L. Timm, Judge, #21139 — Reversed. Daniel R. Fritz, Fritz Law […]
WEXLER v. WEXLER ET AL., 79 S.D. 537 (1962)
114 N.W.2d 886 WEXLER, Respondent v. WEXLER et al., Appellants File No. 9940.Supreme Court of South Dakota. Opinion filed May 9, 1962 Page 538 Appeal from Circuit Court, Codington County; Hon R.F. Manson, Judge. Affirmed. O.E. Beardsley, Watertown, guardian ad litem of Appellant, Norman Wexler. Austin, Hinderaker Hackett, Watertown, for Respondent, Bessie Wexler. HANSON, J. […]
STATE v. MOUND, 65 S.D. 611 (1937)
277 N.W. 35 STATE, Respondent, v. MOUND, Appellant. File No. 8055.Supreme Court of South Dakota. Opinion filed December 30, 1937. 1. Criminal Law. The trial court has no jurisdiction to hear a motion for new trial, which is not based upon newly discovered evidence, after expiration of time fixed by statute. Rev. Code 1919, § […]
CONWAY v. FLUTH, 705 N.W.2d 265 (S.D. 2005)
CONWAY v. FLUTH. No. 23445.Supreme Court of South Dakota. September 6, 2005. Affirmed (DRG).
STATE v. ERDMANN, 292 N.W.2d 97 (1980)
STATE of South Dakota, Plaintiff and Appellee, v. Daniel Raymond ERDMANN, Defendant and Appellant. No. 12802.Supreme Court of South Dakota.Submitted on Briefs January 23, 1980. Decided May 7, 1980. Appeal from the Circuit Court, Third Judicial Circuit, Beadle County, Eugene L. Martin, J. Clair B. Ledbetter, Asst. Atty. Gen., Pierre, for plaintiff and appellee; Mark […]
LOESCHER v. POLICKY, 84 S.D. 477 (1969)
173 N.W.2d 50 LOESCHER, Appellant v. POLICKY, Respondent File No. 10645.Supreme Court of South Dakota. Opinion filed December 16, 1969 Rehearing denied January 23, 1970 Page 478 Appeal from Circuit Court, Lawrence County; Hon. Clarence P. Cooper, Judge. Affirmed as modified. Gary R. Richards, Spearfish, for plaintiff and appellant. Overpeck, Hamblin Mueller, Belle Fourche, for […]
JOHNSON v. HOME LIFE INS. CO., 62 S.D. 247 (1934)
252 N.W. 641 JOHNSON, Respondent, v. HOME LIFE INS. CO. OF N.Y., Appellant. File No. 7568.Supreme Court of South Dakota. Opinion filed February 13, 1934. 1. Removal of Causes. Allowing motion, after submission but before decision, for leave to amend complaint to ask increased damages, held not to deprive defendant of right to removal to […]
CUNDY v. INTERNATIONAL TRENCHER SERVICE, 358 N.W.2d 233 (1984)
Duane CUNDY, Plaintiff and Appellant, v. INTERNATIONAL TRENCHER SERVICE, INC., an Illinois Corporation, and Tri-State Sales, Inc., a Minnesota Corporation, Defendants and Appellees. Nos. 14312, 14313.Supreme Court of South Dakota.Argued February 13, 1984. Decided November 14, 1984. Appeal from the Circuit Court, Sixth Judicial Circuit, Hughes County, Robert A. Miller, J. Page 234 Charles Rick […]
IN THE MATTER OF BLARE, 1999 SD 3
589 N.W.2d 211 IN THE MATTER OF THE GUARDIANSHIP AND CONSERVATORSHIP OF GRACE DARLYN BLARE, a person alleged to need protection. Supreme Court of South Dakota.Considered on Briefs December 3, 1998. Opinion Filed January 6, 1999. Appeal from the Eighth Judicial Circuit, Butte County, SD Hon. John W. Bastian, Judge, #20489 — Affirmed. Page 212 […]
STATE v. MAVES, 358 N.W.2d 805 (1984)
STATE of South Dakota, Plaintiff and Appellee, v. Gerald Lee MAVES, (# 14371) Defendant and Appellant, and Thomas R. Maves, (# 14372) Defendant and Appellant, and Kathleen R. Maves, (# 14373) Defendant and Appellant. Nos. 14371-14373.Supreme Court of South Dakota.Argued May 23, 1984. Decided November 28, 1984. Rehearing Denied January 3, 1985. Appeal from the […]
RIST v. KARLEN, 90 S.D. 426 (1976)
241 N.W.2d 717 RIST, Respondent v. KARLEN, Appellant File No. 11646.Supreme Court of South Dakota. Opinion filed May 13, 1976 Rehearing denied June 8, 1976 Appeal from the Circuit Court of Turner County; Hon. John L. Wilds, Judge. Affirmed in part and reversed in part. Page 427 Gale E. Fisher, May, Johnson Burke, Sioux Falls, […]
STATE v. MILLER, 703 N.W.2d 172 (S.D. 2002)
STATE v. MILLER. No. 21964.Supreme Court of South Dakota. April 1, 2002. Affirmed (JEF).
STATE v. MULLER, 2005 SD 66
698 N.W.2d 285 STATE of South Dakota, Plaintiff and Appellant, v. Marty MULLER, Defendant and Appellee. No. 23360.Supreme Court of South Dakota.Argued April 27, 2005. Decided June 1, 2005. Appeal from the Circuit Court, Third Judicial Circuit, Codington County, Robert L. Timm, J. Page 286 Lawrence E. Long, Attorney General, Sherri Sundem Wald, Assistant Attorney […]
CREDIT COLLECTION SERVICES v. PESICKA, 2006 SD 81
721 N.W.2d 474 CREDIT COLLECTION SERVICES, INC., a South Dakota Corporation, Plaintiff and Appellant, v. Bradley J. PESICKA and Martina Ashford, Defendants. No. 23946.Supreme Court of South Dakota.Considered on Briefs on May 23, 2006. Decided August 23, 2006. Appeal from the First Judicial Circuit Court, Yankton County, Arthur Rusch, J. Page 475 David M. Hosmer, […]
STATE v. AHLGRIM, 72 S.D. 304 (1948)
33 N.W.2d 345 STATE, Respondent, v. AHLGRIM, Appellant File No. 8956.Supreme Court of South Dakota. Opinion filed August 3, 1948. Criminal Law. Where notice of appeal was served and a certified copy thereof filed, but no brief was filed, appeal was deemed abandoned and the judgment was affirmed. Page 305 Appeal from Circuit Court, Clay […]
STATE v. McDOWELL, 391 N.W.2d 661 (1986)
STATE of South Dakota, Plaintiff and Appellee, v. Edward McDOWELL, Defendant and Appellant. No. 14590.Supreme Court of South Dakota.Argued November 20, 1985. Decided July 24, 1986. Appeal from the Circuit Court, First Judicial Circuit, Lincoln County, Riley W. Connelly, J. Page 662 Craig M. Eichstadt, Asst. Atty. Gen., Mark V. Meierhenry, on brief, Atty. Gen., […]
ADAMS v. LEAPLEY, 489 N.W.2d 381 (1992)
Howard Joseph ADAMS, Petitioner and Appellant, v. Walter LEAPLEY, Warden of the South Dakota State Penitentiary, Appellee. No. 17504.Supreme Court of South Dakota.Argued March 17, 1992. Decided September 9, 1992. Appeal from the Circuit Court, Second Judicial Circuit, Minnehaha County, Robert A. Amundson, J. Page 382 Robert A. Christensen of Christensen, Wilka, Haugen and Kirbey, […]
FEISTNER v. SWENSON, 368 N.W.2d 621 (1985)
Darrell FEISTNER, Plaintiff and Appellant, and Marie Budde, Plaintiff, v. Edward L. SWENSON, Defendant and Appellee. No. 14730.Supreme Court of South Dakota.Considered on Briefs March 7, 1985. Decided May 22, 1985. Appeal from the Circuit Court, Fourth Judicial Circuit, Sanborn County, Marshall Gerken, J. Page 622 Jeffrey D. Larson of Bleeker, Boldt Koch, Woonsocket, for […]
STEFFENS v. PETERSON, 503 N.W.2d 254 (1993)
Agnes S. STEFFENS, formerly Agnes S. Peterson, Plaintiff and Appellant, v. Kenneth B. PETERSON, Defendant and Appellee. No. 17881.Supreme Court of South Dakota.Considered on Briefs November 18, 1992. Decided July 7, 1993. Appeal from the Circuit Court, Third Judicial Circuit, Codington County, Robert L. Timm, J. Page 255 Karen L. Crew, Crew Crew, Sioux Falls, […]
WHITMAN v. HANSON, 69 S.D. 610 (1944)
13 N.W.2d 495 WHITMAN, Appellant v. HANSON, et al, Respondents Files Nos. 8612-8619.Supreme Court of South Dakota.Opinion filed March 13, 1944. Rehearing Denied April 4, 1944. 1. Champerty and Maintenance. In client’s action to set aside conveyance of realty to attorney in settlement of liability for contingent fee, evidence supported findings that employment of attorney […]
COM. SER. v. PAULLE-MIDWAY, 76 S.D. 178 (1956)
75 N.W.2d 310 COMMERCIAL SERVICE CORPORATION OF DELL RAPIDS, Plaintiff v. L. PAULLE-MIDWAY FIXTURE and SHOW CASE CO., Inc., et al., Defendant and Appellant and F.M. PHILLIPS, Intervenor and Respondent File No. 9537.Supreme Court of South Dakota. Opinion filed March 5, 1956. Rehearing denied April 13, 1956. Page 179 Appeal from Circuit Court, Minnehaha County; […]
STATE v. OLSON, 83 S.D. 260 (1968)
158 N.W.2d 526 STATE, Respondent v. OLSON, Appellant File No. 10422.Supreme Court of South Dakota. Opinion filed April 26, 1968 Page 261 Appeal from Circuit Court, Minnehaha County; Hon. Roy D. Burns, Judge. C.L. Anderson, Sioux Falls, for defendant and appellant. Frank L. Farrar, Atty. Gen., Keith A. Tidball, Asst. Atty. Gen., Pierre, Roger A. […]
JAN REE FROCKS v. PRED, 68 S.D. 356 (1942)
2 N.W.2d 696 JAN REE FROCKS, INC., Appellant, v. PRED, et al, Respondents File No. 8461.Supreme Court of South Dakota. Opinion filed February 28, 1942. 1. Sales. Under statute providing that acceptance of goods does not discharge seller from liability for breach of contract unless buyer fails to give notice to seller of breach within […]
STATE v. SCHELSKE, 64 S.D. 574 (1936)
269 N.W. 81 STATE, Respondent, v. SCHELSKE, Appellant. File No. 7973.Supreme Court of South Dakota. Opinion filed October 5, 1936. 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 accused, and such as cannot by any reasonable […]
STATE v. WITCHEY, 388 N.W.2d 893 (1986)
STATE of South Dakota, Plaintiff and Appellant, v. Joel WITCHEY, Defendant and Appellee. No. 15071.Supreme Court of South Dakota.Considered on Briefs March 18, 1986. Decided June 11, 1986. Rehearing Denied July 18, 1986. Page 894 Appeal from the Fifth Judicial Circuit Court, Brown County, Leland J. Berndt, J. Robert Mayer, Asst. Atty. Gen., Pierre, for […]
BIENASH v. MOLLER, 2006 SD 78
721 N.W.2d 431 MAXINE BIENASH, Plaintiff and Appellee, v. Randy MOLLER and Kathy Moller, Defendants and Appellants. No. 23781.Supreme Court of South Dakota.Argued April 25, 2006. Decided August 16, 2006. Appeal from the Circuit Court of the First Judicial Circuit, Turner County, Lee D. Anderson, J. Jeff Cole of Zimmer, Duncan Cole, Parker, South Dakota, […]
HATHAWAY v. HATHAWAY, 71 S.D. 310 (1946)
24 N.W.2d 33 HATHAWAY, Respondent, v. HATHAWAY, Appellant File No. 8831.Supreme Court of South Dakota.Opinion filed August 15, 1946. Rehearing Denied September 5, 1946. 1. Divorce. Where wife elected to proceed with trial without continuance after husband amended complaint during trial by alleging as additional grounds for divorce refusal of reasonable matrimonial relations and taking […]
RISSE v. MEEKS, 1998 SD 112
585 N.W.2d 875 ART RISSE, Bonnie Risse, and Juanita Page, Plaintiffs and Appellants, v. JAMES MEEKS, Elsie Meeks, Amy Toczek, et al., Defendants and Appellees. Supreme Court of South Dakota.Considered on Briefs April 29, 1998 Reassigned August 13, 1998 Opinion Filed November 10, 1998 Appeal from the Sixth Judicial Circuit, Jackson County, S.D. Hon. Max […]
IN RE PRUESLER, 67 S.D. 207 (1940)
291 N.W. 582 In Re PRUESLER HOME OWNERS’ LOAN CORP., Appellant, v. PRUESLER, Respondent File No. 8329.Supreme Court of South Dakota.Opinion filed April 10, 1940. Rehearing Denied June 3, 1940. 1. States. Generally, an agency of the United States is not subject to the police power of a state. 2. United States. Statutory provision entitling […]
WAGNER v. BROWNLEE, 2006 SD 38
713 N.W.2d 592 Robert J. WAGNER, Personal Representative of the Estate of Walter L. Brownlee, Sr., Plaintiff and Appellee, v. Randy BROWNLEE, Defendant, and Jeanie Weekley, Defendant and Appellant. No. 23619.Supreme Court of South Dakota.Argued November 9, 2005. Decided April 12, 2006. Page 593 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL […]
JEPSON v. PETERSON, 69 S.D. 388 (1943)
10 N.W.2d 749 JEPSON, Appellant, v. PETERSON, et al, Respondents File No. 8597.Supreme Court of South Dakota. Opinion filed August 20, 1943. 1. Corporations. If a corporation refuses to prosecute an action in its favor, equity, to prevent a failure of justice, disregards the corporate entity and permits suit to be brought by a stockholder […]
POTTS v. STARR, 76 S.D. 91 (1955)
72 N.W.2d 924 POTTS, Appellant v. STARR, Respondent File No. 9509.Supreme Court of South Dakota. Opinion filed November 17, 1955. Page 92 Appeal from Circuit Court, Dewey County; Hon. Frank Gladstone, Judge. Action arising out of farming contract. The defendant moved, more than four years after joining of issue, to dismiss on ground of unreasonable […]
SCHROEDER v. SCHROEDER, 74 S.D. 385 (1952)
53 N.W.2d 293 SCHROEDER, Appellant, v. SCHROEDER, Respondent File No. 9241.Supreme Court of South Dakota. Opinion filed May 5, 1952. Appeal from Circuit Court, Deuel County; Hon. W.W. Knight, Judge. Affirmed. T.R. Johnson, Sioux Falls, for Plaintiff and Appellant. Law Law, Clear Lake, for Defendant and Respondent. ROBERTS, J. The parties to this action were […]
FIRST NAT. BANK OF BERESFORD v. ANDERSON, 332 N.W.2d 723 (1983)
FIRST NATIONAL BANK OF BERESFORD, SOUTH DAKOTA, A Corporation, Plaintiff and Appellee, v. Donald V. ANDERSON, Carla L. Anderson, Patrick E. Anderson, and Julia M. Anderson, Defendants, and Carol Anderson, (Unnamed Party), Appellant. No. 13866.Supreme Court of South Dakota.Argued January 17, 1983. Decided April 27, 1983. Page 724 Appeal from the Circuit Court, First Judicial […]
STATE v. DALE, 66 S.D. 418 (1939)
284 N.W. 770 STATE, Respondent v. DALE, Appellant File No. 8205.Supreme Court of South Dakota. Opinion filed March 22, 1939. 1. Criminal Law. Where accused takes part in all proceedings in trial court, he cannot on appeal claim error because settled record as kept by clerk does not disclose the entering of a plea to […]
BEUCK v. HOWE, 71 S.D. 288 (1946)
23 N.W.2d 744 BEUCK, Appellant, v. HOWE, Respondent File No. 8771.Supreme Court of South Dakota. Opinion filed July 31, 1946. 1. Marriage. The illicit relations of a man and woman who live together without being married give rise to neither marital nor property rights, but he or she may gain interest in property accumulated in […]
STATE v. RIPPERGER, 284 N.W.2d 877 (1979)
STATE of South Dakota, Plaintiff and Respondent, v. Gerald Ralph RIPPERGER, Defendant and Appellant. No. 12601.Supreme Court of South Dakota.Submitted on Briefs September 19, 1979. Decided November 7, 1979. Appeal from the Circuit Court, Fourth Judicial Circuit, Lake County, Thomas L. Anderst, J. Page 878 John P. Guhin, Asst. Atty. Gen., Pierre, for plaintiff and […]
WARD v. VIBORG SCHOOL DIST. NO. 60-5, 319 N.W.2d 502 (1982)
Ethel WARD, Plaintiff and Appellee, v. VIBORG SCHOOL DISTRICT NO. 60-5 and Its Board of Education, Defendants and Appellants. No. 13563.Supreme Court of South Dakota.Argued March 22, 1982. Decided May 19, 1982. Appeal from the Circuit Court, First Judicial Circuit, Turner County, E.W. Hertz, J. Page 503 Dennis C. McFarland of McFarland Petersen, Sioux Falls, […]
BRITT v. CITY OF SIOUX FALLS, 291 N.W.2d 784 (1980)
Earl BRITT, an Individual, and Pizza Palace, Inc., a South Dakota Corporation, Plaintiffs and Appellants, v. CITY OF SIOUX FALLS, a Municipal Corporation, Defendant and Appellee. No. 12684.Supreme Court of South Dakota.Submitted on Briefs February 22, 1980. Decided April 30, 1980. Appeal from the Circuit Court, Second Judicial Circuit, Minnehaha County, Richard Braithwaite, J. Page […]
MURPHY v. CONNOLLY ET AL., 81 S.D. 644 (1966)
140 N.W.2d 394 MURPHY, Respondent and Cross-Appellant v. CONNOLLY et al., Appellants File Nos. 10208, 10209.Supreme Court of South Dakota. Opinion filed February 23, 1966 Rehearing denied May 4, 1966 1. Execution. An order of confirmation of sale is only for purpose of determining regularity of execution sale proceedings as they appear of record, and […]
KENT FEEDS v. STAHL, 90 S.D. 23 (1976)
238 N.W.2d 483 KENT FEEDS, INC., Respondent v. STAHL et al., Appellants File No. 11465.Supreme Court of South Dakota. Opinion filed January 15, 1976 Page 24 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 25 Appeal from the Circuit Court of Hutchinson […]
PARSONS v. PARSONS, 469 N.W.2d 581 (1991)
Dolores E. PARSONS, Plaintiff and Appellee, v. Roger Russell PARSONS, Defendant and Appellant. No. 17157.Supreme Court of South Dakota.Considered on Briefs February 14, 1991. Decided May 1, 1991. Appeal from the Circuit Court, First Judicial Circuit, Lincoln County, Richard Bogue, J. Page 582 Donald H. Breit of Breit Binger, Sioux Falls, for plaintiff and appellee. […]
READ v. McKENNAN HOSPITAL, 2000 SD 66
610 N.W.2d 782 RALPH READ, M.D., Plaintiff and Appellee, v. McKENNAN HOSPITAL, Defendant and Appellant. No. 20968Supreme Court of South Dakota.Argued January 13, 2000; Opinion Filed May 17, 2000. Appeal from the Second Judicial Circuit, Minnehaha County, SD Hon. Judith K. Meierhenry, Judge, #20968 — Affirmed. Page 783 Steven W. Sanford, Michael A. Henderson, Cadwell, […]
CLOUD v. SOUTH DAKOTA BD. OF PARDONS AND PAROLES, 795 N.W.2d 412 (S.D. 2011)
Cloud v. South Dakota Bd. of Pardons and Paroles. No. 25722.Supreme Court of South Dakota. February 22, 2011. Abstracts of Summary Dispositions Affirmed (WJS).
STATE v. HARTLEY, 326 N.W.2d 226 (1982)
STATE of South Dakota, Plaintiff and Appellee, v. Rodney HARTLEY, Defendant and Appellant. No. 13575.Supreme Court of South Dakota.Considered on Briefs March 25, 1982. Decided November 17, 1982. Appeal from the Circuit Court, First Judicial Circuit, Charles Mix County, E.W. Hertz, J. Page 227 Mark Smith, Asst. Atty. Gen., Pierre, for plaintiff and appellee; Mark […]
DRISKO v. RYAN, 67 S.D. 82 (1939)
289 N.W. 86 DRISKO, Respondent, v. RYAN, et al, Appellants File No. 8221.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 CURIAM. The appeal in […]
NELSON v. HENDRICKS, 74 S.D. 441 (1952)
54 N.W.2d 324 NELSON et al., Appellants, v. HENDRICKS, Respondent File No. 9272.Supreme Court of South Dakota. Opinion filed June 27, 1952. Appeal from Circuit Court, Perkins County; Hon. Frank Gladstone, Judge. Judgment affirmed. Jackson Krause, H.R. Jackson, Lemmon, for Plaintiffs and Appellants. Hersrud Reeder, Lemmon, for Defendant and Respondent. SICKEL, P.J. [1-3] This is […]
STATE v. WEBB, 251 N.W.2d 687 (1977)
STATE of South Dakota, Plaintiff and Respondent, v. Steve WEBB, Defendant and Appellant. No. 11953.Supreme Court of South Dakota. March 17, 1977. Appeal from the Circuit Court, Eighth Judicial Circuit, Lawrence County, R.E. Bradenburg, J. Page 688 Peter H. Lieberman, Asst. Atty. Gen., for plaintiff and respondent; William J. Janklow, Atty. Gen., Pierre, on the […]
PARMELY v. HILDEBRAND, 2001 SD 83
630 N.W.2d 509 LONNY C. PARMELY AND JEANNY E. PARMELY, Plaintiffs and Appellants, v. TOM HILDEBRAND AND GLENDA HILDEBRAND, Defendants and Appellees. No. 21630Supreme Court of South Dakota.Argued April 26, 2001. Opinion Filed June 27, 2001. Appeal from the Circuit Court of the Eighth Judicial Circuit Meade County, South Dakota the Honorable Timothy R. Johns, […]
STATE v. McMANUS, 694 N.W.2d 878 (S.D. 2005)
STATE v. McMANUS. No. 23331.Supreme Court of South Dakota. March 28, 2005. Affirmed (LDA).
STATE v. BARR, 90 S.D. 9 (1976)
237 N.W.2d 888 STATE, Respondent v. BARR, Appellant File No. 11457.Supreme Court of South Dakota. Opinion filed January 15, 1976 Page 10 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 11 Appeal from the Circuit Court of Pennington County; Hon. Thomas Parker, […]