286 N.W. 880 HANSEN, Appellant v. MULLER, Respondent File No. 8260.Supreme Court of South Dakota. Opinion filed July 10, 1939. Husband and Wife. In action for loss of comfort, society and assistance of plaintiff’s wife, due to alleged malicious acts of defendant in debauching and carnally knowing plaintiff’s wife, evidence supported judgment for the defendant. […]
Category: South Dakota Supreme Court Opinions
GRAVNING v. ZELLMER, 291 N.W.2d 751 (1980)
Thelma GRAVNING, Applicant, v. Steven J. ZELLMER, duly appointed, qualified and acting Secretary of Revenue of the State of South Dakota, and James Myers, duly appointed, qualified and acting Railroad Director of the State of South Dakota, Respondents. Thelma GRAVNING, Applicant, v. Alice KUNDERT, duly elected, qualified and acting Secretary of State of the State […]
SCHMALTZ v. NISSEN, 431 N.W.2d 657 (1988)
Gary SCHMALTZ, Plaintiff and Appellee, v. Abner T. NISSEN, d/b/a Nissen Seed Feed of Newell, South Dakota; Farmers Feed Seed of Sturgis, South Dakota; and Crown Quality Seed Company, Inc., of Vernon, Texas, Defendants and Appellants. Frank NIBLE, Plaintiff and Appellee, v. FARMERS FEED SEED OF STURGIS, South Dakota and Crown Quality Seed Company, Inc., […]
TOVSLAND v. REUB, 2004 SD 93
686 N.W.2d 392 Tor TOVSLAND, Plaintiff and Appellee, v. Tara L. REUB, Defendant and Appellant. No. 23017.Supreme Court of South Dakota.Considered on Briefs June 01, 2004. Decided August 18, 2004. Appeal from the Circuit Court, Seventh Judicial Circuit, Pennington County, John J. Delaney, Sr., J. Page 393 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE […]
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. […]
MEYER v. MEYER, 76 S.D. 268 (1956)
77 N.W.2d 559 MEYER, Appellant v. MEYER, Cross-Appellant Files Nos. 9554, 9566.Supreme Court of South Dakota. Opinion filed June 14, 1956. Rehearings denied August 17, 1956. Page 269 Appeal from Circuit Court, Brookings County; Hon. W. W. Knight, Judge. Divorce action by wife. Judgment granted the wife a divorce and provided for a property division […]
REETZ v. BAUKOL, 287 N.W.2d 108 (1980)
Lyle REETZ, Donald C. Reetz, and H. Richard Reetz, Plaintiffs and Appellees, v. Harmon P. BAUKOL, Warren Sewell, Bessie M. Fleischaker, and Betty J. Schlamann, Defendants and Appellants. No. 12719.Supreme Court of South Dakota.Argued November 15, 1979. Decided January 16, 1980. Appeal from the Circuit Court, Fifth Judicial Circuit, Day County, Eugene E. Dobberpuhl, J. […]
STATE v. McKEE, 314 N.W.2d 866 (1982)
STATE of South Dakota, Plaintiff and Appellee, v. Russell McKEE, Defendant and Appellant. No. 13340.Supreme Court of South Dakota.Considered on Briefs November 18, 1981. Decided January 20, 1982. Appeal from the Circuit Court of the First Judicial Circuit, Yankton County, E.W. Hertz, J. Grant E. Gormley, Asst. Atty. Gen., Pierre, for plaintiff and appellee; Mark […]
IN RE THE MATTER OF J.H., 1999 SD 36
590 N.W.2d 473 IN RE THE MATTER OF J.H., An Abused or Neglected Child. Supreme Court of South Dakota.Considered on Briefs March 18, 1999; Opinion Filed March 29, 1999. Appeal from the Sixth Judicial Circuit, Lyman County, SD, Hon. Max A. Gors, Judge, #20622, #20627 — Affirmed in part; Reversed in part. Mark W. Barnett, […]
STATE v. KOTTMAN, 2005 SD 116
707 N.W.2d 114 STATE of South Dakota, Plaintiff and Appellee, v. Michael Joseph Christopher KOTTMAN, Defendant and Appellant. No. 23443.Supreme Court of South Dakota.Argued On October 3, 2005. Decided November 22, 2005. Appeal from the Circuit Court, Second Judicial Circuit, Minnehaha County, Glen A. Severson and William J. Srstka, Jr., JJ. Page 115 [EDITORS’ NOTE: […]
STATE v. NGUYEN, 2007 SD 4
726 N.W.2d 871 STATE of South Dakota, Plaintiff and Appellee, v. Tam Thi Thu NGUYEN, Defendant and Appellant. No. 23613.Supreme Court of South Dakota.Argued on April 25, 2006. Decided January 3, 2007. Appeal from the Circuit Court, Second Judicial Circuit, Minnehaha County, South Dakota, Peter Lieberman, J. Page 872 Lawrence E. Long, Attorney General, Craig […]
STATE v. KARP, 527 N.W.2d 912 (1995)
STATE of South Dakota, Plaintiff and Appellee, v. Edward D. KARP, Defendant and Appellant. No. 18732.Supreme Court of South Dakota.Considered on Briefs January 11, 1995. Decided February 15, 1995. Appeal from the Seventh Judicial Circuit Court, Pennington County, Roland E. Grosshans, J. Page 913 Mark Barnett, Atty. Gen., Gary Campbell, Asst. Atty. Gen., Pierre, for […]
STATE v. FENDER, 2001 SD 27
623 N.W.2d 49 STATE OF SOUTH DAKOTA, Plaintiff and Appellee, v. MICHAEL A. FENDER, Defendant and Appellant. No. 21339Supreme Court of South Dakota.Considered on Briefs November 27, 2000. Opinion Filed March 7, 2001. Appeal from the Seventh Judicial Circuit, Pennington County, SD Hon. Jeff W. Davis, Judge, #21339 — Affirmed Page 50 Mark Barnett, Attorney […]
IN RE IVERSEN’S WILL, 80 S.D. 20 (1962)
118 N.W.2d 17 IN RE IVERSEN’S WILL File No. 10005.Supreme Court of South Dakota. Opinion filed November 16, 1962 1. Wills. Testatrix’ contract to sell land to same persons named as devisees in her previous will did not revoke devise. SDC 1960 Supp. 37.0101 et seq.; SDC 56.0225, 56.0228, 56.0229; NDCC 56-0411. 2. Wills. Statutes […]
STATE v. WATSON, 89 S.D. 184 (1975)
231 N.W.2d 839 STATE, Respondent v. WATSON et al., Appellants File No. 11516.Supreme Court of South Dakota. Opinion filed July 11, 1975 Page 185 Appeal from the Circuit Court of Bon Homme County; Hon. E.W. Hertz, Judge. William J. Janklow, Atty. Gen., and Earl Mettler, Asst. Atty. Gen., Pierre, for plaintiff and respondent. John R. […]
MOSER v. DANSKY, 71 S.D. 77 (1946)
21 N.W.2d 279 MOSER, Respondent, v. DANSKY, et al, Appellants File No. 8738.Supreme Court of South Dakota. Opinion filed January 5, 1946. Appeal and Error. Where notice of appeal was served on May 13, 1944, and a certified copy thereof was filed in Supreme Court on May 22, 1944, but no brief was filed by […]
WANG v. WANG, 393 N.W.2d 771 (1986)
Robert L. WANG, Plaintiff and Appellant, v. Victor J. WANG and Albert Schramm, Defendants and Appellees. No. 14850.Supreme Court of South Dakota.Considered on Briefs October 24, 1985. Decided September 24, 1986. Appeal from the Sixth Judicial Circuit Court, Tripp County, Donald L. Heck, J. Page 772 Bryce Flint of Jackley Flint, Sturgis, for plaintiff and […]
BUNT v. FAIRBANKS, 81 S.D. 255 (1965)
134 N.W.2d 1 BUNT, Appellant v. FAIRBANKS, Respondent File No. 10198.Supreme Court of South Dakota. Opinion filed March 26, 1965 1. Husband and Wife. Husband as joint owner of bank account had legal right to make withdrawal within balance without liability to wife, the other joint tenant. SDC 1960 Supp. 6.0414. 2. Gifts. Essential elements […]
GRIDLEY v. ENGELHART, 322 N.W.2d 3 (1982)
John N. GRIDLEY, Jr., Petitioner and Appellant, v. Tim ENGELHART, Commissioner of the Bureau of Administration of the State of South Dakota, and James Brinkman, Director of Purchasing and Printing for the Bureau of Administration of the State of South Dakota, Appellees, and Compass Insurance Company, Intervenor and Appellee. No. 13604.Supreme Court of South Dakota.Argued […]
STATE v. HY VEE FOOD STORES, INC., 533 N.W.2d 147 (1995)
STATE of South Dakota, Plaintiff and Appellee, v. HY VEE FOOD STORES, INC., Defendant and Appellant. No. 18693.Supreme Court of South Dakota.Argued October 19, 1994. Decided June 7, 1995. Appeal from the Second Judicial Circuit Court, Minnehaha County, Glen A. Severson, J. Mark Barnett, Atty. Gen., Frank Geaghan, Asst. Atty. Gen., Pierre, for plaintiff and […]
RAPID CITY TEACHERS CR. UN. v. VANTASSEL, 464 N.W.2d 206 (1990)
RAPID CITY TEACHERS FEDERAL CREDIT UNION, Plaintiff and Appellee, v. Jan S. VanTASSEL and Ruby C. VanTassel, Defendants and Appellants. No. 16889.Supreme Court of South Dakota.Considered on Briefs September 17, 1990. Decided December 12, 1990. Appeal from the Circuit Court, Eighth Judicial Circuit, Lawrence County, Warren G. Johnson,J. Charles J. Mickel, Rapid City, for plaintiff […]
ALBERTS v. GIEBINK, 299 N.W.2d 454 (1980)
Gene H. ALBERTS, Plaintiff and Appellant, v. Robert R. GIEBINK; H. Phil Gross; Richard F. Nice; Frederick R. Entwistle; Orthopedic Associates, Ltd.; Sioux Valley Hospital; and Ten Unknown Persons, Defendants and Appellees. No. 13102.Supreme Court of South Dakota.Argued October 15, 1980. Decided December 10, 1980. Appeal from the Circuit Court, Second Judicial Circuit, Minnehaha County, […]
ABSTRACTS OF SUMMARY DISPOSITIONS, 622 N.W.2d 434 (2001)
Supreme Court of South Dakota. FISCAL YEAR 2001 (Second 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 […]
STATE v. SEWELL, 69 S.D. 494 (1943)
12 N.W.2d 198 STATE, Respondent, v. SEWELL, Appellant File No. 8632.Supreme Court of South Dakota. Opinion filed December 16, 1943. 1. Criminal Law. The law favors the trial of merits of charge of commission of public offense, but, in absence of prohibiting statute, the entry of a judgment of conviction on a plea of guilty […]
FROKE v. GAS COMPANY, 68 S.D. 266 (1942)
1 N.W.2d 590 FROKE, Respondent, v. WATERTOWN GAS COMPANY, Appellant File No. 8322.Supreme Court of South Dakota. Opinion filed January 2, 1942. 1. Appeal and Error. The reversal of judgment by Supreme Court without other direction requires trial court to retry the action. 2. Appeal and Error. The appellate court should not determine controverted questions […]
FAIRCLOTH v. RAVEN INDUSTRIES, INC., 2000 SD 158
620 N.W.2d 198 GRETCHEN L. FAIRCLOTH, Claimant and Appellee, v. RAVEN INDUSTRIES, INC., Self-Insurer, Employer, and Appellant. No. 21359Supreme Court of South Dakota.Considered on Briefs September 18, 2000. Opinion Filed December 20, 2000. Appeal from the Third Judicial Circuit, Lake County, SD [Formerly a Part of the Fourth Judicial Circuit] Hon. Timothy D. Tucker, Judge, […]
WUNDER v. WUNDER, 73 S.D. 360 (1950)
43 N.W.2d 371 WUNDER, Respondent, v. WUNDER, Appellant File No. 9074.Supreme Court of South Dakota. Opinion filed May 29, 1950. Appeal from Circuit Court, Walworth County. Appeal dismissed. H.R. Jackson, Lemmon, for Appellant. Morrison Skaug, Mobridge, for Respondent. PER CURIAM. Upon petition of defendant for leave to appeal from an order entered in the above […]
STATE v. HOFMAN, 1997 SD 51
562 N.W.2d 898 STATE of South Dakota, Plaintiff and Appellee, v. Marlo D. HOFMAN, Defendant and Appellant. No. 19692.Supreme Court of South Dakota.Considered on Briefs March 27, 1997. Decided May 7, 1997. Appeal from the Circuit Court, Third Judicial District, Deuel County, Rodney J. Steele, J. Page 899 John D. Knight, Deuel County State’s Attorney, […]
BUTLER MACHINERY CO. v. MORRIS CONSTRUCTION CO., 2004 SD 81
682 N.W.2d 773 BUTLER MACHINERY CO., a Foreign Corporation, Plaintiff and Appellee v. MORRIS CONSTRUCTION CO., a South Dakota Corporation, Defendant and Appellant. No. 22735Supreme Court of South Dakota.Considered on Briefs on January 12, 2004 Opinion Filed June 23, 2004 Appeal from the Circuit Court of the Seventh Judicial Circuit, Pennington County, South Dakota, Honorable […]
BARNHART v. GARRETT, 774 N.W.2d 293 (S.D. 2009)
Barnhart v. Garrett. No. 25120.Supreme Court of South Dakota. August 31, 2009. ABSTRACTS OF SUMMARY DISPOSITIONS Affirmed (RLM).
DAVIS v. ENGEL, 694 N.W.2d 878 (S.D. 2005)
DAVIS v. ENGEL. No. 23214.Supreme Court of South Dakota. March 28, 2005. Affirmed (MBT).
RAPID CITY JOURNAL v. DELANEY, 2011 SD 55
RAPID CITY JOURNAL, ASSOCIATED PRESS and SOUTH DAKOTA NEWSPAPER ASSOCIATION, Applicants, v. THE HONORABLE JOHN J. DELANEY, SOUTH DAKOTA SEVENTH CIRCUIT COURT JUDGE, Respondent. No. 25631Supreme Court of South Dakota.Argued on March 21, 2011 Opinion Filed September 7, 2011 Original Proceeding. JON E. ARNESON, Sioux Falls, South Dakota, Attorney for applicants Associated Press and South […]
STATE v. REED, 387 N.W.2d 10 (1986)
STATE of South Dakota, Plaintiff and Appellee, v. Stanley Owen REED, Defendant and Appellant. No. 15023.Supreme Court of South Dakota.Argued February 11, 1986. Decided April 23, 1986. Rehearing Denied May 26, 1986. Appeal from the Circuit Court, Seventh Judicial Circuit, Pennington County, Roland E. Grosshans, J. Page 11 Grant Gormley, Chief Deputy Atty. Gen., Pierre, […]
IN RE JW, 759 N.W.2d 131 (S.D. 2008)
In re JW. No. 24797.Supreme Court of South Dakota. October 10, 2008. Affirmed (WGJ).
STATE v. CRAGOE, 514 N.W.2d 396 (1994)
STATE of South Dakota, Plaintiff and Appellee, v. Kelly CRAGOE, Defendant and Appellant. No. 18270.Supreme Court of South Dakota.Considered on Briefs February 16, 1994. Decided April 6, 1994. Appeal from the Circuit Court, Seventh Judicial Circuit, Pennington County, John Konenkamp, J. Page 397 Mark Barnett, Atty. Gen., Joan Boos Schueller, Asst. Atty. Gen., Pierre, for […]
HONOMICHL v. STATE, 333 N.W.2d 797 (1983)
Ronald Lee HONOMICHL, Defendant and Appellant, v. STATE of South Dakota, Plaintiff and Appellee. No. 13918.Supreme Court of South Dakota.Argued February 16, 1983. Decided April 20, 1983. Rehearing Denied May 18, 1983. Appeal from the Circuit Court, Second Judicial Circuit, Minnehaha County, Robert C. Heege, J. Paul D. Stickney, Sioux Falls, for defendant and appellant. […]
FIRST AMERICAN TITLE CO. v. HOWE, 281 N.W.2d 605 (1979)
FIRST AMERICAN TITLE COMPANY of South Dakota, Plaintiff and Respondent, v. Eileen HOWE, Defendant and Appellant. No. 12588.Supreme Court of South Dakota.Argued March 16, 1979. Decided July 25, 1979. Appeal from the Seventh Judicial Circuit Court, Pennington County, Donald L. Heck, J. Page 606 Eugene N. Lebrun of Lynn, Jackson, Shultz, Ireland Lebrun, Rapid City, […]
STATE v. GARRITSEN, 303 N.W.2d 817 (1981)
STATE of South Dakota, Plaintiff and Appellee, v. David GARRITSEN, Defendant and Appellant. No. 13083.Supreme Court of South Dakota.Considered on Briefs November 5, 1980. Decided April 1, 1981. Appeal from the Circuit Court, Second Judicial Circuit, Minnehaha County, William H. Heuermann, J. Mark V. Meierhenry, Atty. Gen., Pierre, Steven R. Binger, Deputy State’s Atty., Minnehaha […]
DOYEN v. LAMB, 74 S.D. 126 (1951)
49 N.W.2d 382 DOYEN et al., Appellants, v. LAMB, Respondent File No. 9175.Supreme Court of South Dakota. Original opinion filed October 2, 1951. Page 127 Appeal from Circuit Court, Clark County; Hon. Vern G. Wohlheter, Judge. Reversed and remanded with directions. Harry Eggen, DeSmet, M.T. Woods, Sioux Falls, for Plaintiff and Appellant. G.F. Sherwood, S.D. […]
IN RE ADOPTION OF C.D.B., 2005 SD 115
706 N.W.2d 809 In the Matter of the ADOPTION OF C.D.B., A Minor. B.M. (H.) T., Mother and Appellant, J.D.B., Father and Appellee. Page 810 B.M. (H.) T., Plaintiff and Appellant, v. J.D.B., Defendant and Appellee. Nos. 23573, 23590.Supreme Court of South Dakota.Argued October 4, 2005. Decided November 22, 2005. Appeal from the Circuit Court, […]
SEMMLER v. BAIER, 64 S.D. 587 (1936)
269 N.W. 88 SEMMLER, Appellant, v. BAIER, et al, Respondents. File No. 7941.Supreme Court of South Dakota. Opinion filed October 5, 1936. Appeal and Error. Judgment would be affirmed where Supreme Court was convinced that conclusions of law and judgment were supported by facts found by trial court. Appeal from Circuit Court, Douglas County; HON […]
STATE v. RYAN, 87 S.D. 102 (1973)
203 N.W.2d 177 STATE, Respondent v. RYAN, Appellant File No. 11075.Supreme Court of South Dakota. Opinion filed January 4, 1973 Page 103 Appeal from Circuit Court of Brule County; Hon. Thomas L. Anderst, Judge. Ronald K. Miller, Kimball, Mark Meierhenry, Rosebud, for appellant. Frances Niemoller, Asst. Atty. Gen., Gordon Mydland, Atty. Gen., Pierre, for respondent. […]
HERRON v. FOX, 67 S.D. 36 (1940)
288 N.W. 459 HERRON, Respondent, v. FOX, et al, Appellants File No. 8243.Supreme Court of South Dakota.Opinion filed November 16, 1939. Rehearing Denied January 16, 1940. 1. Appeal and Error. Where appellants attempted to serve undertaking on appeal and appellee indorsed original undertaking “service of the within undertaking this 25th day of October, 1938,” and […]
ROSELAND v. STATE, 334 N.W.2d 43 (1983)
Frederick E. ROSELAND, Petitioner and Appellant, v. STATE of South Dakota, Respondent and Appellee. No. 13886.Supreme Court of South Dakota.Argued March 24, 1983. Decided May 18, 1983. Appeal from the Circuit Court, Second Judicial Circuit, Minnehaha County, Robert C. Heege, J. Page 44 Patricia C. Riepel, Minnehaha County Public Defender, Sioux Falls, for petitioner and […]
STATE EX REL BOTKIN v. MORRISON, 61 S.D. 344 (1933)
249 N.W. 563 STATE ex rel BOTKIN, Plaintiff, v. MORRISON, Secretary of State, Defendant. File No. 7582.Supreme Court of South Dakota. Opinion filed June 30, 1933. 1. Statutes. It must be conclusively presumed that Legislature availed itself of opportunity to determine facts and that by determination of facts and passage of income tax law it […]
NORWOOD v. PARANTEAU, 75 S.D. 303 (1954)
63 N.W.2d 807 NORWOOD, Appellant v. PARANTEAU et al., Respondents File No. 9375.Supreme Court of South Dakota. Opinion filed April 13, 1954. 1. Physicians and Surgeons. Reasonable regulation of optometry either by specific statutory rules or by regulations promulgated by an administrative board are within the police power to perserve the public health and general […]
ZAHRBOCK v. STAR BRITE INN MOTEL, 2010 SD 73
788 N.W.2d 822 Eleshia ZAHRBOCK, Peyton Gerry and Justin Zahrbock, Plaintiffs, Jonette Anson, Appellant, v. STAR BRITE INN MOTEL, Defendant and Appellee. No. 25263.Supreme Court of South Dakota.Argued March 22, 2010. Decided September 8, 2010. Appeal from the First Judicial Circuit Court, Yankton County, Arthur L. Rusch, J. Manuel J. de Castro, Jr., De Castro […]
ANDRESON v. BLACK HILLS POWER LIGHT, 1997 SD 12
559 N.W.2d 886 Richard Troy ANDRESON, Plaintiff and Appellant, v. BLACK HILLS POWER LIGHT COMPANY and Vance Crocker, Defendants and Appellees. No. 19372.Supreme Court of South Dakota.Argued October 21, 1996. Decided February 19, 1997. Appeal from the Circuit Court, Seventh Judicial District, Pennington County, John E. Fitzgerald, Jr., J. Page 887 Rick Johnson of Johnson, […]
ANDERSON v. WESTERN DAKOTA INSURORS, 393 N.W.2d 87 (1986)
Sherry ANDERSON, Claimant and Appellant, v. WESTERN DAKOTA INSURORS, Employer and Appellee. No. 15171.Supreme Court of South Dakota. September 10, 1986. Appeal from the Circuit Court, Seventh Judicial Circuit, Pennington County, Marshall Young, J. Page 88 Michael M. Hickey, Bangs, McCullen, Butler, Foye Simmons, Rapid City, for claimant and appellant. Drew Johnson, South Dakota Dept. […]
STATE v. HOLMES, 464 N.W.2d 612 (1990)
STATE of South Dakota, Plaintiff and Appellee, v. Roger James HOLMES, Defendant and Appellant. No. 16849.Supreme Court of South Dakota.Considered on Briefs May 24, 1990. Decided December 19, 1990. Rehearing Denied January 24, 1991. Appeal from the Circuit Court, Second Judicial Circuit, Minnehaha County, Robert C. Heege, J. Second Judicial Circuit, Minnehaha County, Robert C. […]
PETITION OF CM CORP., 334 N.W.2d 675 (1983)
In the Matter of the PETITION OF CM CORPORATION for Tax Abatement. No. 13969.Supreme Court of South Dakota.Considered on Briefs April 21, 1983. Decided June 8, 1983. Appeal from the Circuit Court, Seventh Judicial Circuit, Custer County, Roland E. Grosshans, J. David L. Knudson, Charles D. Gullickson of Davenport, Evans, Hurwitz Smith, Sioux Falls, for […]
STATE v. BEAN, 265 N.W.2d 886 (1978)
STATE of South Dakota, Plaintiff and Respondent, v. V. Chris BEAN, Defendant and Appellant. No. 12098.Supreme Court of South Dakota. May 3, 1978. Appeal from the Circuit Court, Eighth Judicial Circuit, Butte County, Scott C. Moses, J. Page 887 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE […]
WIECZOREK v. ROCHESTER AM. INS. CO., 62 S.D. 216 (1934)
252 N.W. 639 WIECZOREK, Respondent, v. ROCHESTER AMERICAN INS. CO., Appellant. File No. 7215.Supreme Court of South Dakota. Opinion filed February 1, 1934. 1. Insurance. Where separate crops insured against hail were so situated that risk on each crop was distinct from the others, hail insurance policy was divisible, and fact that insured did not […]
JOHNSON v. KUSEL, 298 N.W.2d 91 (1980)
Kayleen JOHNSON, Plaintiff and Appellant, v. Brad KUSEL, Defendant and Appellee. No. 12995.Supreme Court of South Dakota.Argued September 11, 1980. Decided October 29, 1980. Appeal from the Circuit Court, First Judicial Circuit, Yankton County, Donald E. Erickson, J. John P. Blackburn, Blackburn Law Offices, Yankton, for plaintiff and appellant; Donna K. Dietrich, Blackburn Law Offices, […]
STATE v. SCHOEBER, 795 N.W.2d 412 (S.D. 2011)
State v. Schoeber. No. 25697.Supreme Court of South Dakota. February 22, 2011. Abstracts of Summary Dispositions Affirmed (PHL).
LARSON v. LOCKEN, 262 N.W.2d 752 (1978)
Keith LARSON, Clarence Erickson, Ernest Allbee and Harlow Holler, Plaintiffs and Respondents, v. Virgil LOCKEN, Defendant and Appellant. No. 12175.Supreme Court of South Dakota.Argued November 28, 1977. Decided February 8, 1978. Appeal from the Circuit Court, Brown County, Eugene E. Dobberpuhl, J. Page 753 Duane Thurow of Thurow, Thurow Cutler, Aberdeen, for plaintiffs and respondents. […]
CITY OF COLTON v. PARKS, 71 S.D. 401 (1946)
24 N.W.2d 919 Petition of PARKS et al., CITY OF COLTON, Appellant, v. PARKS et al. Respondents File N. 8857.Supreme Court of South Dakota. Opinion filed November 18, 1946. 1. Municipal Corporations. A petition to exclude agricultural land from a city must be granted if court finds that the request ought to be granted and […]
ZWANZIGER v. ZWANZIGER, 286 N.W.2d 123 (1979)
Mervyn E. ZWANZIGER, Plaintiff and Respondent, v. Thelma ZWANZIGER, Defendant and Appellant. No. 12593.Supreme Court of South Dakota.Submitted on Briefs November 16, 1979. Decided December 12, 1979. Appeal from the Circuit Court, First Judicial Circuit, Bon Homme County, Paul J. Kern, J. Page 124 Michael D. Stevens of Blackburn Law Offices, Yankton, for defendant and […]
LUEDTKE v. KOOPSMA, 303 N.W.2d 112 (1981)
Kathlyn LUEDTKE, Plaintiff and Appellee, v. David R. KOOPSMA, Defendant and Appellant. No. 13159.Supreme Court of South Dakota.Considered on Briefs February 18, 1981. Decided March 18, 1981. Page 113 Appeal from the Circuit Court, First Judicial Circuit, Lincoln County, Robert C. Ulrich, J. Jeffrey P. Hallem, Asst. Atty. Gen., Pierre, for plaintiff and appellee; Mark […]
BARTLETT v. BARTLETT, 764 N.W.2d 508 (S.D. 2009)
Bartlett v. Bartlett. No. 25015.Supreme Court of South Dakota. March 30, 2009. Abstracts of Summary Dispositions Affirmed (TLP). Page 704
STATE v. BECK, 2010 SD 52
785 N.W.2d 288 STATE of South Dakota, Plaintiff and Appellee, v. Stacy Lynn BECK, Defendant and Appellant. No. 25392.Supreme Court of South Dakota.Considered on Briefs April 26, 2010. Decided June 23, 2010. Appeal from the Circuit Court, the Fifth Judicial Circuit, Brown County, Jack R. Von Wald, J. Page 289 [EDITORS’ NOTE: THIS PAGE CONTAINS […]
DIRECT AUTO BUYING SERVICE, INC. v. WELCH, 308 N.W.2d 570 (1981)
DIRECT AUTO BUYING SERVICE, INC., a Georgia Corporation, and Keith T. Carlyle, Plaintiffs and Appellees, v. Buddy WELCH, Director of the Department of Public Safety for the State of South Dakota, Defendant and Appellant. No. 13314.Supreme Court of South Dakota.Argued May 27, 1981. Decided July 22, 1981. Appeal from the Circuit Court, Seventh Judicial Circuit, […]
YANKTON PRODUCTION CREDIT ASSOCIATION v. JENSEN, 416 N.W.2d 860 (1987)
YANKTON PRODUCTION CREDIT ASSOCIATION, Plaintiff and Appellee, v. Jerome E. JENSEN and Connie M. Jensen, Defendants and Appellants. Nos. 15614, 15623.Supreme Court of South Dakota.Considered on Briefs May 21, 1987. Decided December 9, 1987. Appeal from the First Judicial Circuit Court, Minnehaha County, Jay H. Tapken, J. Page 861 Steven M. Johnson of Brady, Kabeiseman, […]
BOOTH v. CHAMALES, 366 N.W.2d 843 (1985)
Donald BOOTH and Martha Booth, Plaintiffs and Appellants, v. George CHAMALES and Mary Chamales, Defendants and Appellees. No. 14683.Supreme Court of South Dakota.Considered on Briefs March 6, 1985. Decided April 24, 1985. Appeal from the Circuit Court, Sixth Judicial Circuit, Stanley County, Patrick J. McKeever, J. Charles Poches, Jr. of Poches Lee, Ft. Pierre, for […]
STATE v. NORMAN, 72 S.D. 168 (1948)
31 N.W.2d 258 STATE OF SOUTH DAKOTA, Respondent, v. NORMAN, Appellant File No. 8952.Supreme Court of South Dakota. Opinion filed February 25, 1948. 1. Criminal Law. Proof of the admission of independent and disconnected offenses is generally not admissible to establish commission of offense charged. 2. Criminal Law. Ruling on motion for new trial will […]
IN RE ESTATE OF HOLLINGSWORTH, 714 N.W.2d 898 (S.D. 2006)
IN RE ESTATE OF HOLLINGSWORTH. No. 23786.Supreme Court of South Dakota. May 1, 2006. Affirmed (JRVW).
BISSON v. THE FARMERS INS. CO., 64 S.D. 525 (1936)
268 N.W. 698 BISSON, Respondent, v. THE FARMERS INSURANCE COMPANY OF MINNEHAHA COUNTY, Appellant. File No. 7897.Supreme Court of South Dakota. Opinion filed August 18, 1936. 1. Appeal and Error. That assignments did not refer to specifications of error in record, did not refer to that portion of brief wherein matter might be found, and […]
MILLER T. LAND LOAN CO. v. MEYER, 62 S.D. 411 (1934)
253 N.W. 158 MILLER THOMPSON’S LAND LOAN CO., Appellant, v. MEYER, et al, Respondents. File No. 7641.Supreme Court of South Dakota. Opinion filed March 6, 1934. 1. Mortgages. Mortgagee, at time of execution sale to satisfy deficiency decree, held chargeable with constructive notice of recorded mortgage against property and of facts of which it should […]
DRAPEAU v. KNOPP, 2008 SD 7
744 N.W.2d 836 Barbara Ann DRAPEAU, Plaintiff and Appellant, v. Heather Rose KNOPP, Defendant and Appellee. No. 24545.Supreme Court of South Dakota.Considered on Briefs on November 6, 2007. Decided January 30, 2008. Appeal from the Circuit Court, Second Judicial Circuit, Minnehaha County, Kathleen K. Caldwell, J. Page 837 James G. Abourezk of Abourezk Law Offices, […]
GRUNEWALDT v. BISSON, 494 N.W.2d 193 (1992)
Doris GRUNEWALDT, f/k/a Doris Bisson, Plaintiff and Appellee. v. Dean BISSON, Defendant and Appellant. No. 17883.Supreme Court of South Dakota.Considered on Briefs September 3, 1992. Decided December 23, 1992. Appeal from the Circuit Court, Fifth Judicial Circuit, Brown County, Eugene E. Dobberpuhl, J. Thomas M. Tobin of Tonner, Tobin King, Aberdeen, for plaintiff and appellee. […]