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 […]
Category: South Dakota Supreme Court Opinions
LYNDOE v. AM. STANDARD INS. CO. OF WISCONSIN, 245 N.W.2d 273 (1976)
Loren D. LYNDOE, Plaintiff and Appellant, v. AMERICAN STANDARD INSURANCE COMPANY OF WISCONSIN, and Hugo Stender, Defendants and Respondents. No. 11722.Supreme Court of South Dakota.Argued April 27, 1976. Decided August 19, 1976. Appeal from the Circuit Court, Seventh Judicial Circuit, Custer County, Thomas Parker, J. Lynden D. Levitt, Rapid City, for plaintiff and appellant. Franklin […]
IN RE AS, 757 N.W.2d 329 (S.D. 2008)
IN RE AS. No. 24819.Supreme Court of South Dakota. September 4, 2008. Abstracts of Summary Dispositions Affirmed (RLT).
STATE FARM AUTO. INS. v. BOTTGER, 2011 SD 2
793 N.W.2d 389 STATE FARM AUTOMOBILE INSURANCE COMPANY, Plaintiff and Appellee, v. Andrew BOTTGER, Defendant and AMCO Insurance Company, Defendant and Appellee, and Sarah R. Kosinski, Defendant and Appellant. No. 25548.Supreme Court of South Dakota.Considered on Briefs November 15, 2010. Decided January 12, 2011. Appeal from the Circuit Court, First Judicial Circuit, Union County, Steven […]
S.D. DEPT. OF HEALTH v. HEIM, 357 N.W.2d 522 (1984)
SOUTH DAKOTA DEPARTMENT OF HEALTH, Plaintiff and Appellee, v. Tony HEIM, Defendant and Appellant. No. 14464.Supreme Court of South Dakota.Considered on Briefs September 11, 1984. Decided November 7, 1984. Appeal from the Circuit Court, Third Judicial Circuit, Faulk County, Vernon C. Evans, J. Page 523 Mark Smith, Asst. Atty. Gen., Pierre, for plaintiff and appellee; […]
WALZ v. CITY OF HUDSON, 327 N.W.2d 120 (1982)
Lela WALZ, Special Administrator of the Estate of Guy William Ludwig, deceased, Plaintiff and Appellant, v. CITY OF HUDSON, South Dakota, a Municipal Corporation, Defendant and Appellee. Nos. 13578, 13579.Supreme Court of South Dakota.Argued October 12, 1982. Decided December 15, 1982. Appeal from the Circuit Court, First Judicial District, Lincoln County. Page 121 David V. […]
DIAMOND SURFACE v. STATE CEMENT PLANT, 1998 SD 97
583 N.W.2d 155 DIAMOND SURFACE, INC., a corporation with its principal place of business at Maple Grove, Minnesota, Plaintiff and Appellant, v. The STATE CEMENT PLANT COMMISSION, a public corporation and agency operating the Cement Plant at Rapid City, South Dakota, Defendant and Appellee. Nos. 20112, 20124.Supreme Court of South Dakota.Argued June 2, 1998. Decided […]
MATTER OF GANNON, 315 N.W.2d 478 (1982)
In the Matter of the Grievance of Marie GANNON and the Department of Labor, State of South Dakota. No. 13368.Supreme Court of South Dakota.Considered On Briefs November 17, 1981. Decided January 27, 1982. Appeal from the Circuit Court, Seventh Judicial Circuit, Pennington County, Marshall P. Young, J. Drew C. Johnson, Agency Atty., South Dakota Dept. […]
DEIS v. DEIS, 757 N.W.2d 328 (S.D. 2008)
Deis v. Deis. No. 24757.Supreme Court of South Dakota. September 2, 2008. Abstracts of Summary Dispositions Affirmed (LWS).
ZAKRZEWSKI v. HYRONIMUS, 81 S.D. 428 (1965)
136 N.W.2d 572 ZAKRZEWSKI, Appellant v. HYRONIMUS, Respondent File No. 10143.Supreme Court of South Dakota. Opinion filed August 26, 1965 1. Trial. Party to an action is entitled to have jury instructed with reference to his theory of case, where theory is supported by competent evidence and instruction is properly requested, although theory may be […]
OCHS v. NELSON, 538 N.W.2d 527 (1995)
Kristi J. OCHS, Plaintiff and Appellee, v. Robert Jason NELSON, Defendant and Appellant. No. 18935.Supreme Court of South Dakota.Considered on Briefs May 23, 1995. Reassigned August 8, 1995. Decided October 11, 1995. Rehearing Denied November 15, 1995. Appeal from the Circuit Court, Second Judicial District, Minnehaha County, William J. Srstka, J. Page 528 Lee R. […]
MAHER v. WAGNER, 62 S.D. 227 (1934)
252 N.W. 647 MAHER, Appellant, v. WAGNER, Respondent. File No. 7522.Supreme Court of South Dakota. Opinion filed February 1, 1934. 1. Master and Servant. In injured employee’s action against employer who did not comply with Compensation Law, employee must establish actionable fault (Rev. Code 1919, § 9436 et seq. as amended). 2. Appeal and Error […]
PAULI-TARRELL v. ELDER, 703 N.W.2d 172 (S.D. 2002)
PAULI-TARRELL v. ELDER. No. 21994.Supreme Court of South Dakota. January 15, 2002. Affirmed (JWD).
KNUTSON v. KNUTSON, 76 S.D. 473 (1957)
80 N.W.2d 871 KNUTSON, Appellant v. KNUTSON, Respondent File No. 9601.Supreme Court of South Dakota. Opinion filed February 13, 1957. Appeal from Circuit Court, Brookings County; Hon. W.W. Knight, Judge. Alleged tenant’s declaratory judgment action to establish existence and terms of oral farm lease. From an adverse judgment, plaintiff appeals. Judgment affirmed. Lester H. Herbrandson, […]
SIGLER v. ST. PAUL FIRE MARINE INS. CO., 298 N.W.2d 792 (1980)
Arthur F. SIGLER and Arthur F. Sigler as Special Administrator of the Estate of Vera Sigler, Deceased, Plaintiff and Appellant, v. ST. PAUL FIRE MARINE INSURANCE COMPANY, Robert Emery and XYZ Corporation, Garnishees and Appellees. No. 12860.Supreme Court of South Dakota.Argued March 18, 1980. Decided November 19, 1980. Appeal from the Circuit Court, Seventh Judicial […]
STATE v. SICKLER, 334 N.W.2d 677 (1983)
STATE of South Dakota, Plaintiff and Appellee, v. Shelby SICKLER, Sr., Defendant and Appellant. No. 13867.Supreme Court of South Dakota.Considered on Briefs April 21, 1983. Decided June 8, 1983. Appeal from the Circuit Court of the First Judicial Circuit, Lincoln County, E.W. Hertz, J. Page 678 Jeff Masten, Lincoln County State’s Atty., Canton, Mikal Hanson, […]
ST. PAUL MARINE INS. CO. v. TOMAN, 351 N.W.2d 146 (1984)
ST. PAUL FIRE AND MARINE INSURANCE COMPANY, Plaintiff and Appellant, v. James T. TOMAN, Defendant and Appellee, and Van Collins, Defendant. No. 14301.Supreme Court of South Dakota.Argued March 20, 1984. Decided July 3, 1984. Appeal from the Circuit Court, Sixth Judicial Circuit, Tripp County, Marvin S. Talbott, J. Page 147 Michael L. Luce of Davenport, […]
KAPPENMAN v. STROH, 2005 SD 96
704 N.W.2d 36 Dominic D. KAPPENMAN, Plaintiff and Appellant, v. Doug STROH and Thomas Troy Spitzer, Defendants and Appellees. No. 23456.Supreme Court of South Dakota.Considered on Briefs April 25, 2005. Decided August 31, 2005. Appeal from the Circuit Court, Fifth Judicial Circuit, McPherson County, Scott P. Myren, J. Page 37 [EDITORS’ NOTE: THIS PAGE CONTAINS […]
TVEDT v. BORK, 414 N.W.2d 11 (1987)
Conrad R. TVEDT, Plaintiff and Appellant, v. Gordon BORK, Marjorie Bork, Calvin Blom, Evelyn Blom, Doc Bork Sons, Inc., a South Dakota Corporation, and Ogle Petroleum, a foreign Corporation, Defendants and Appellees. No. 15595.Supreme Court of South Dakota.Considered on Briefs May 22, 1987. Decided October 14, 1987. Appeal from the Circuit Court, Sixth Judicial Circuit, […]
MILES v. HANTEN, 83 S.D. 635 (1969)
164 N.W.2d 601 MILES, Respondent v. HANTEN, Appellant File No. 10525.Supreme Court of South Dakota. Opinion filed February 3, 1969 Appeal from Circuit Court, Minnehaha County; Hon. Andrew W. Bogue, Judge. Willy, Pruitt Matthews, Gene E. Pruitt, Sioux Falls, for Geraldine M. Hanten, defendant and appellant. Marvin K. Bailin and F. Fred Fischer, of Christopherson,Bailin, […]
ACHTIEN v. CITY OF DEADWOOD, 408 N.W.2d 756 (1987)
Donald J. ACHTIEN, Plaintiff and Appellant, v. The CITY OF DEADWOOD, South Dakota, A Municipal Corporation, Defendant and Appellee. No. 15563.Supreme Court of South Dakota.Considered on Briefs May 20, 1987. Decided July 1, 1987. Appeal from the Circuit Court, Eighth Judicial Circuit, Lawrence County, Warren G. Johnson, J. Page 757 Robert A. Amundson of Amundson, […]
STATE v. FULA, 683 N.W.2d 423 (S.D. 2004)
STATE v. FULA. No. 22795.Supreme Court of South Dakota. January 20, 2004. Affirmed (GE).
HULLINGER v. PRAHL, 89 S.D. 443 (1975)
233 N.W.2d 584 HULLINGER, et al., Appellants v. PRAHL et al., Respondents File No. 11522.Supreme Court of South Dakota. Opinion filed October 3, 1975 Appeal from the Circuit Court of Jones County; Hon. Robert A. Miller, Judge. Page 444 David A. Gerdes of May, Porter, Adam, Gerdes Thompson, Pierre, for plaintiffs-appellants. Ronald G. Schmidt of […]
KIMBALL v. CITY OF SIOUX FALLS, 71 S.D. 35 (1945)
20 N.W.2d 873 KIMBALL, Appellant, v. CITY OF SIOUX FALLS, et al, Respondents File No. 8794.Supreme Court of South Dakota. Opinion filed December 1, 1945. 1. Municipal Corporations. The rule fixing liability on owner of land adjoining public way for injury to a traveler applies only in case owner has created excavation or other artificial […]
McDOWELL v. CITIBANK, 2007 SD 52
734 N.W.2d 1 Pamela McDOWELL, Claimant and Appellant, v. CITIBANK, Employer and Appellee, and Planet Insurance Company, Insurer and Appellee. Nos. 23858, 23879.Supreme Court of South Dakota.Argued May 25, 2006. Reassigned February 20, 2007. Decided June 6, 2007. Appeal from the Second Judicial Circuit Court, Minnehaha County, Kathleen Caldwell, J. Page 2 [EDITORS’ NOTE: THIS […]
GARBER v. HASKINS ET AL., 84 S.D. 459 (1969)
172 N.W.2d 721 GARBER, Respondent v. HASKINS et al., Appellants File No. 10623.Supreme Court of South Dakota. Opinion filed December 11, 1969 Page 460 Appeal from Circuit Court, Sully County; Hon. Fred R. Winans, Judge. Affirmed. Stephens, Riter, Mayer Hofer, Pierre, for defendants-appellants. Martens, Goldsmith, May, Porter Adam, Pierre, for plaintiff-respondent. RENTTO, Judge. Page 461 […]
SPENNER v. CITY OF SIOUX FALLS, 1998 SD 56
580 N.W.2d 606 Scott SPENNER, Plaintiff and Appellant, v. CITY OF SIOUX FALLS, SOUTH DAKOTA, Sioux Falls Police Department, Bob Keisacker, Individually, And Various John Does, Individually, Defendants and Appellees. No. 20261.Supreme Court of South Dakota.Argued April 29, 1998. Decided June 3, 1998. Appeal from the Circuit Court, Second Judicial Circuit, Minnehaha County, Glen A. […]
WAKEMAN v. BULTMAN, 75 S.D. 337 (1954)
64 N.W.2d 296 In re THORPE’S ESTATE WAKEMAN et al., Appellants v. BULTMAN et al., Repondents File No. 9403.Supreme Court of South Dakota. Opinion filed May 8, 1954. 1. Wills. In will contest, evidence sustained findings that testatrix was competent to make will, that it was duly executed and attested, and that the signing of […]
GROSS v. GROSS, 355 N.W.2d 4 (1984)
Sherwin G. GROSS, Plaintiff and Appellee, v. Edwin E. GROSS, Defendant and Appellant. No. 14233.Supreme Court of South Dakota.Considered on Briefs January 20, 1984. Decided September 12, 1984. Appeal from the Third Judicial Circuit Court, Hand County, Vernon C. Evans, J. Page 5 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT […]
NORMAN v. CUMMINGS, 73 S.D. 559 (1951)
45 N.W.2d 839 NORMAN, Respondent, v. CUMMINGS, Defendant, and EASTERN CLAY PRODUCTS, INC., Appellant CROUSE, Respondent, v. CUMMINGS, Defendant, and EASTERN CLAY PRODUCTS, INC., Appellant Files Nos. 9109, 9110.Supreme Court of South Dakota. Opinion filed February 2, 1951. Rehearing denied March 28, 1951. Page 560 Appeal from the Circuit Court of Butte County; Hon. Alex […]
TRACFONE v. S.D. DEPT. OF REV. AND REG., 2010 SD 6
778 N.W.2d 130 TRACFONE WIRELESS, INC., Appellant, v. SOUTH DAKOTA DEPARTMENT OF REVENUE AND REGULATION, Appellee. No. 25141.Supreme Court of South Dakota.Considered on Briefs on August 24, 2009. Decided January 20, 2010. Appeal from the Circuit Court of the Sixth Judicial Circuit, Hughes County, John Brown, J. Page 131 Charles M. Thompson of May, Adam, […]
IN RE RISVOLD’S ESTATE, 67 S.D. 552 (1940)
295 N.W. 642 In re RISVOLD’S ESTATE STATE, Appellant, v. ASPAAS, et al, Respondents File No. 8355.Supreme Court of South Dakota. Opinion filed December 24, 1940. 1. Taxation. Where at time accommodation makers signed notes to comply with lender’s requirement that some younger person sign notes representing loan to septuagenarian, statement was made that after […]
CITY OF SIOUX FALLS v. NAUSED, 88 S.D. 14 (1974)
214 N.W.2d 74 CITY OF SIOUX FALLS, Plaintiff v. NAUSED, et al., Defendants File No. 11245.Supreme Court of South Dakota. Opinion filed January 18, 1974 Rehearing granted February 11, 1974 Appeal from the Circuit Court of Minnehaha County; Hon. Roy D. Burns, Judge. Page 15 Willy, Pruitt, Matthews Jorgensen, Roy E. Willy and Gene E.Pruitt, […]
WHEELER v. CORNER D/B/A LAFEMME, 84 S.D. 287 (1969)
170 N.W.2d 883 WHEELER, Respondent v. CORNER, d/b/a LaFEMME, Appellant File No. 10567.Supreme Court of South Dakota. Opinion filed September 18, 1969 Page 288 Appeal from Circuit Court, Pennington County; Hon. George D. Lampert, Judge. Affirmed. Lynden D. Levitt, Rapid City, for plaintiff and respondent. Costello, Porter, Hill, Banks Nelson, Rapid City, for defendant and […]
STATE HIGHWAY COMM. v. OLSON, 81 S.D. 237 (1965)
132 N.W.2d 927 STATE HIGHWAY COMMISSION, Appellant v. OLSON et al., Respondents File No. 10178.Supreme Court of South Dakota. Opinion filed February 17, 1965 Appeal and Error. Judgment in condemnation action would be affirmed where settled record contained no assignments of error. SDC 1960 Supp. 33.0735-33.0744. Appeal from Circuit Court, Corson County; Hon. Leslie R. […]
STATE v. SHERIDAN, 383 N.W.2d 865 (1986)
STATE of South Dakota, Plaintiff and Appellee, v. Corey SHERIDAN, Defendant and Appellant. No. 15046.Supreme Court of South Dakota.Considered on Briefs February 13, 1986. Decided April 2, 1986. Appeal from the Seventh Judicial Circuit Court, Pennington County, Roland E. Grosshans, J. Dennis Groff, Pennington County State’s Atty., Rapid City, and Mark V. Meierhenry, Atty. Gen., […]
RIST v. HARTVIGSEN, 70 S.D. 571 (1945)
19 N.W.2d 830 RIST, Appellant, v. HARTVIGSEN, et al, Respondents. File No. 8767.Supreme Court of South Dakota.Opinion filed September 12, 1945. Rehearing Denied October 19, 1945. 1. Mortgages. The terms of statute prescribing contents of notice of execution sale must be substantially complied with to validate mortgage foreclosure sale thereunder. SDC 33.2006. 2. Mortgages. Generally, […]
IN RE CONGDON’S ESTATE, 74 S.D. 306 (1952)
51 N.W.2d 877 In re CONGDON’S ESTATE HOEYE, Respondent, v. CONGDON, Appellant File Nos. 9219 and 9227.Supreme Court of South Dakota. Opinion filed February 28, 1952. Rehearing denied April 18, 1952. Page 307 Appeal from Circuit Court, Butte County; Hon. Alex Rentto, Judge. Judgment affirmed. Smiley Clark, Belle Fourche for Contestant and Appellant. Penfold Overpeck, […]
HARDY v. HARDY, 703 N.W.2d 172 (S.D. 2002)
HARDY v. HARDY. No. 21512.Supreme Court of South Dakota. January 15, 2002. Affirmed (GAS).
STATE v. BOUSUM, 2003 SD 58
663 N.W.2d 257 STATE OF SOUTH DAKOTA, Plaintiff and Appellee, v. DAVID LEE BOUSUM, Defendant and Appellant. No. 22249Supreme Court of South Dakota.Considered On Briefs On February 10, 2003. Opinion Filed May 21, 2003. Appeal From The Circuit Court Of The Fourth Judicial Circuit Lawrence County, South Dakota. Honorable Warren G. Johnson Judge. Page 258 […]
STATE v. HONOMICHL, 410 N.W.2d 544 (1987)
STATE of South Dakota, Plaintiff and Appellee, v. Michael HONOMICHL, Defendant and Appellant. No. 15424.Supreme Court of South Dakota.Argued March 24, 1987. Decided July 29, 1987. Appeal from the Circuit Court, First Judicial Circuit, Charles Mix, County, E.W. Hertz, J. Page 545 Robert Mayer, Asst. Atty. Gen., Roger A. Tellinghuisen, on brief, Atty. Gen., Pierre, […]
IN RE K.T.T., 769 N.W.2d 456 (S.D. 2009)
In re K.T.T. No. 24955.Supreme Court of South Dakota. April 9, 2009. Abstracts of Summary Dispositions Affirmed (TLT).
KIERSTEAD v. CITY OF RAPID CITY, 248 N.W.2d 363 (1976)
Roger KIERSTEAD, Grievant and Appellant, v. CITY OF RAPID CITY, Employer and Respondent. No. 11704.Supreme Court of South Dakota. December 22, 1976. Appeal from the Circuit Court, Seventh Judicial Circuit, Pennington County, J.H. Bottum, J. Robert L. O’Connor, Sioux Falls, Harry H. Smith, Smith Smith, Sioux City, Iowa, for grievant and appellant. W.A. McCullen, Bangs, […]
STACEY v. STATE, 349 N.W.2d 439 (1984)
John Kendal STACEY, Petitioner and Appellant, v. STATE of South Dakota, Appellee. No. 14346.Supreme Court of South Dakota.Argued February 15, 1984. Decided June 6, 1984. Appeal from the Circuit Court, Third Judicial Circuit, Codington County, Irvin N. Hoyt, J. Page 440 Richard Braithwaite of Braithwaite Law Offices, Sioux Falls, for petitioner and appellant. Richard Dale, […]
WIERSMA v. MAPLE LEAF FARMS, 1996 SD 16
543 N.W.2d 787 In the Matter of the Certification of a Question of Law from the United States District Court, District of South Dakota, Southern Division, Pursuant to the Provisions of SDCL 15-24A-1, and concerning federal action Beth A. WIERSMA and John M. Wiersma, Plaintiffs, v. MAPLE LEAF FARMS, a foreign business, Defendant. No. 19017.Supreme […]
STATE v. KANDARAS FOR SENATE COM., 264 N.W.2d 902 (1978)
STATE of South Dakota, Plaintiff and Respondent, v. KANDARAS FOR SENATE COMMITTEE, Defendant and Appellant. No. 12262.Supreme Court of South Dakota.Argued February 13, 1978. Decided April 12, 1978. Appeal from the Circuit Court, Sixth Judicial Circuit, Hughes County, John B. Jones, J. Page 903 R. Van Johnson, Asst. Atty. Gen., William J. Janklow, Atty. Gen., […]
ALEXANDER v. SOLEM, 383 N.W.2d 486 (1986)
Everett ALEXANDER, Petitioner and Appellant, v. Herman SOLEM, Warden, South Dakota State Penitentiary, Respondent and Appellee. No. 15037.Supreme Court of South Dakota.Considered on Briefs January 16, 1986. Decided March 12, 1986. Appeal from the Circuit Court, Eighth Judicial Circuit, Lawrence County, Robert L. Tschetter, J. Richard Braithwaite, Braithwaite Law Offices, Sioux Falls, for petitioner and […]
MODERN MERCHANDISING v. DEPT OF REVENUE, 397 N.W.2d 470 (1986)
MODERN MERCHANDISING, INC., d/b/a LaBelle’s, Taxpayer and Appellant, v. DEPARTMENT OF REVENUE, State of South Dakota, Appellee. No. 15257.Supreme Court of South Dakota.Argued September 17, 1986. Decided December 10, 1986. Appeal from the Circuit Court, Sixth Judicial Circuit, Hughes County, Robert A. Miller, J. Gene R. Woodle, Asst. Atty. Gen. (Mark V. Meierhenry, Atty. Gen., […]
STATE v. COTTRILL, 2003 SD 38
660 N.W.2d 624 STATE OF SOUTH DAKOTA, Plaintiff and Appellee, v. AMY COTTRILL, Defendant and Appellant. No. 22171Supreme Court of South Dakota.Considered On Briefs On February 10, 2003. Opinion Filed April 9, 2003. Page 625 Appeal From The Circuit Court Of The Seventh Judicial Circuit Pennington County, South Dakota, Honorable James W. Anderson Judge. LAWRENCE […]
STATE v. OLESEN, 443 N.W.2d 8 (1989)
STATE of South Dakota, Plaintiff and Appellee, v. Jerry Lee OLESEN, Defendant and Appellant. No. 16426.Supreme Court of South Dakota.Considered on Briefs March 24, 1989. Decided July 19, 1989. Appeal from the Circuit Court of the Sixth Judicial Circuit, Haakon County, Donald L. Heck,J. Roger A. Tellinghuisen, Atty. Gen., Pierre, Ann C. Meyer, Asst. Atty. […]
SMITH v. WEBER, 70 S.D. 232 (1944)
16 N.W.2d 537 SMITH, Respondent, v. WEBER, Appellant File No. 8699.Supreme Court of South Dakota. Opinion filed December 9, 1944. 1. Action. The fact that there was a contract between landlord and tenant did not limit to an action on the contract, tenant’s remedy against landlord for personal injuries and injury to personality resulting from […]
DOHRMAN v. LAWRENCE COUNTY ET AL., 82 S.D. 207 (1966)
143 N.W.2d 865 DOHRMAN, Appellant v. LAWRENCE COUNTY et al., Respondents File No. 10276.Supreme Court of South Dakota. Opinion filed July 1, 1966 1. Bridges. Highways. At common law no right of action existed against county for recovery of damages resulting from defective highway or bridge, and source of liability for damages of that character […]
MUSEUS v. GEYER, 75 S.D. 381 (1954)
66 N.W.2d 63 MUSEUS et al., Appellants v. GEYER, Respondent File No. 9429.Supreme Court of South Dakota. Opinion filed September 30, 1954. 1. Appeal and Error. Reviewing court will not interfere with an order granting a new trial, unless it is clearly shown that such order resulted from abuse of judicial discretion. SDC 33.1605. 2. […]
STATE v. ARGUELLO, 1996 SD 57
548 N.W.2d 463 STATE of South Dakota, Plaintiff and Appellee, v. Joseph Scott ARGUELLO, Defendant and Appellant. No. 19086.Supreme Court of South Dakota.Considered on Briefs October 19, 1995. Decided May 22, 1996. Appeal from the Seventh Judicial Circuit Court, Pennington County, John E. Fitzgerald, J. Mark Barnett, Attorney General, Jeffrey P. Hallem, Assistant Attorney General, […]
MORRISON v. MORRISON, 296 N.W.2d 919 (1980)
Ruby L. MORRISON, Plaintiff and Appellant, v. Howard W. MORRISON, Defendant and Appellee. No. 12748.Supreme Court of South Dakota.Submitted March 13, 1980. Decided October 1, 1980. Appeal from the Circuit Court, Eighth Judicial Circuit, Lawrence County, Scott Moses, J. William J. Nevin of Thorstenson Law Office, Rapid City, for plaintiff and appellant. J. Crisman Palmer […]
STATE v. HINTZ, 318 N.W.2d 915 (1982)
STATE of South Dakota, Plaintiff and Appellee, v. Joseph R. HINTZ, Defendant and Appellant. No. 13380.Supreme Court of South Dakota.Considered On Briefs February 24, 1982. Decided May 5, 1982. Appeal from the Eighth Judicial Circuit Court, Lawrence County, R.E. Brandenburg, J. Jeffrey P. Hallem, Asst. Atty. Gen., Pierre, for plaintiff and appellee; Mark V. Meierhenry, […]
DEVELOPMENT CO., INC. v. SIMMONS, 75 S.D. 575 (1955)
70 N.W.2d 527 HOMES DEVELOPMENT COMPANY, INC. et al., Respondents v. SIMMONS et al., Appellants File No. 9477.Supreme Court of South Dakota. Opinion filed June 4, 1955. 1. Easements. Where, during unity of title, an apparently permanent and obvious servitude is imposed on one part of an estate in favor of another part, which servitude, […]
ANDERSON v. ANDERSON, 472 N.W.2d 519 (1991)
Kimberly ANDERSON, Plaintiff and Appellant, v. Keith R. ANDERSON, Defendant and Appellee. 17285.Supreme Court of South Dakota. July 10, 1991. Rehearing Denied August 16, 1991. Appeal from the First Judicial Circuit Court, Turner County, E.W. Hertz, J. Page 520 Thomas J. Nicholson of McFarland Nicholson, Sioux Falls, for plaintiff and appellant. Arthur L. Rusch of […]
STATE v. WEST, 789 N.W.2d 321 (S.D. 2010)
State v. West. No. 25313.Supreme Court of South Dakota. February 22, 2010. Abstracts of Summary Dispositions Affirmed (Zell)
STEPHAN v. EQUIT. LIFE ASS. SOCIETY, 64 S.D. 630 (1936)
268 N.W. 617 STEPHAN, Appellant, v. THE EQUITABLE LIFE ASSURANCE SOCIETY OF THE UNITED STATES, Respondent. File No. 7956.Supreme Court of South Dakota. Opinion filed November 16, 1936. 1. Appeal and Error. Where no record was kept of testimony given at hearing in trial court, Supreme Court would not remand record to have it properly […]
MCDOWELL v. CITICORP, 2008 SD 50
752 N.W.2d 209 Pamela McDOWELL, Plaintiff and Appellant, v. CITICORP INC., Citibank of South Dakota, N.A.; Crawford Company, Defendants and Appellees. No. 24657Supreme Court of South Dakota.Considered on Briefs on April 21, 2008. Decided June 18, 2008. Appeal from the Circuit Court, Second Judicial Circuit, Minnehaha County, Gene Paul Kean, J. Page 210 [EDITORS’ NOTE: […]
STATE v. BARBER, 427 N.W.2d 375 (1988)
STATE of South Dakota, Plaintiff and Appellee, v. Gregory BARBER, Defendant and Appellant. No. 15862.Supreme Court of South Dakota.Considered on Briefs February 19, 1988. Decided August 10, 1988. Appeal from the Circuit Court, Sixth Judicial District, Jackson County, Donald L. Heck, J. Page 376 Roger A. Tellinghuisen, Atty. Gen., Richard D. Coit, Asst. Atty. Gen., […]
MOORE v. WHIPKEY, 62 S.D. 56 (1933)
251 N.W. 803 MOORE, Respondent, v. WHIPKEY, et al, Appellants. File No. 7506.Supreme Court of South Dakota. Opinion filed December 19, 1933. 1. Master and Servant. Employer and insurer filing claim for review of compensation proceeding had right to hearing by industrial commissioner, whether original award was made by board of arbitration or by commissioner, […]
KARY v. KARY, 318 N.W.2d 334 (1982)
Robert KARY and William Kary, Plaintiffs and Appellants, v. Joseph Herman KARY, Defendant and Appellee. No. 13347.Supreme Court of South Dakota.Considered on Briefs January 18, 1982. Decided April 21, 1982. Appeal from the Circuit Court of the Sixth Judicial Circuit, Mellette County, John B. Jones, J. Page 335 Lawrence E. Long, Martin, for plaintiffs and […]
LARSON v. KREISER’S, INC., 472 N.W.2d 761 (1991)
David H. LARSON, Plaintiff and Appellee, v. KREISER’S, INC., Defendant and Appellant. No. 16951.Supreme Court of South Dakota.Argued October 23, 1990. Decided June 26, 1991. Appeal from the Circuit Court of the Second Judicial Circuit, Minnehaha County, William C. Heuermann, J. Robert J. Burns of Burns Ford, Sioux Falls, Jonathan K. Van Patten of Vermillion, […]
DIETRICH v. MIDLAND NAT. LIFE INS. CO., 64 S.D. 102 (1936)
264 N.W. 724 DIETRICH, Respondent, v. MIDLAND NATIONAL LIFE INSURANCE COMPANY, Appellant. File No. 7849.Supreme Court of South Dakota. Opinion filed February 1, 1936. Insurance. Under life policy providing for insurer’s payment of premiums if insured became wholly disabled before default in payment of premium, insurer held not liable for death of insured occurring after […]
VAUGHN v. EGGLESTON, 334 N.W.2d 870 (1983)
Floyd W. VAUGHN, Plaintiff and Appellee, v. Sam R. Erion and Linda K. Erion, Defendants, and James J. EGGLESTON and Marlys M. Eggleston, Defendants, Third-Party Plaintiffs, and Appellants, v Ivan T. SHONLEY and Dorothy U. Shonley, Defendants. No. 13946.Supreme Court of South Dakota.Considered on Briefs April 19, 1983. Decided June 15, 1983. Rehearing Denied July […]
HILL CITY EDUCATION ASSOCIATION v. HILL CITY SCHOOL DIST. 51-2, 2004 SD 47
678 N.W.2d 817 HILL CITY EDUCATION ASSOCIATION, Petitioner and Appellee, v. HILL CITY SCHOOL DISTRICT 51-2 and BOARD OF EDUCATION, Respondents and Appellants. No. 22945Supreme Court of South Dakota.Considered on Briefs on January 12, 2004 Opinion Filed April 7, 2004 Page 818 Appeal From The Circuit Court Of The Seventh Judicial Circuit Pennington County, South […]
REESE v. HURON GRAIN COAL CO., 67 S.D. 9 (1939)
287 N.W. 640 REESE, et al, Appellants, v. HURON GRAIN COAL COMPANY, et al, Respondents File No. 8232.Supreme Court of South Dakota. Opinion filed October 3, 1939. Corporations — Equity. Evidence justified trial court in finding that purchase of stock by plaintiff to gain control of a corporation was an act of bad faith, in […]
STATE v. WILLIAMS, 297 N.W.2d 491 (1980)
STATE of South Dakota, Plaintiff and Appellee, v. Cecelia Rose WILLIAMS, Defendant and Appellant. No. 13029.Supreme Court of South Dakota.Submitted on Briefs September 9, 1980. Decided October 22, 1980. Appeal from the Second Judicial Circuit Court, Minnehaha County, Richard Braithwaite, J. Page 492 Mark Smith, Asst. Atty. Gen., Pierre, for plaintiff and appellee; Mark V. […]
CITY OF PIERRE v. BLACKWELL, 2001 SD 127
635 N.W.2d 581 CITY OF PIERRE, Plaintiff and Appellee, v. HENRY BLACKWELL, SR., Defendant and Appellant. No. 21754Supreme Court of South Dakota.Considered On Briefs On August 28, 2001. Opinion Filed October 24, 2001. Appeal From The Circuit Court Of The Sixth Judicial Circuit Hughes County, South Dakota. The Honorable Steven L. Zinter Judge. Page 582 […]
HANSON v. PENROD CONST. CO., 425 N.W.2d 396 (1988)
James D. HANSON, Employee, Claimant and Appellee, v. PENROD CONSTRUCTION COMPANY, Employer and Appellant, and Iowa Mutual Insurance Company, Insurer. No. 15905.Supreme Court of South Dakota.Argued February 16, 1988. Decided June 22, 1988. Appeal from the Circuit Court of the Sixth Judicial Circuit, Hughes County, Steven L. Zinter, J. William A. Bowen of Rice Bowen, […]
IN RE JG, 707 N.W.2d 131 (S.D. 2005)
In re JG. No. 23686, 23712.Supreme Court of South Dakota. November 14, 2005. Affirmed (PHL).
STATE v. REDERTH, 376 N.W.2d 579 (1985)
STATE of South Dakota, Plaintiff and Appellee, v. Harold G. REDERTH, Defendant and Appellant. No. 14787.Supreme Court of South Dakota.Considered on Briefs September 12, 1985. Decided November 13, 1985. Appeal from the Circuit Court of the Fourth Judicial Circuit, Moody County, Thomas L. Anderst, J. Clair B. Ledbetter, Asst. Atty. Gen., Pierre (Mark V. Meierhenry, […]
HUNTLEY v. HARBERTS, 264 N.W.2d 497 (1978)
Lawrence HUNTLEY, Plaintiff and Respondent, v. Ralph W. HARBERTS, Defendant and Appellant. No. 11981.Supreme Court of South Dakota.Argued November 30, 1977. Decided April 6, 1978. Appeal from the Circuit Court, First Judicial Circuit, Yankton County, Donald E. Erickson, J. Page 498 Gerald L. Reade of Brady, Kabeiseman Reade, Yankton, for plaintiff and respondent. James E. […]