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. […]
Category: South Dakota Supreme Court Opinions
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
CHENEY v. METROPOLITAN LIFE INS. CO., 370 N.W.2d 569 (1985)
Marva CHENEY, Plaintiff and Appellant, v. METROPOLITAN LIFE INSURANCE COMPANY, a New York domiciled insurance company duly qualified to do business in South Dakota; the South Dakota Public Employees Insurance System, 216 East Capitol, Pierre, Hughes County, South Dakota; Al Asher as Administrator of the South Dakota Public Employees Insurance System; and Linda Nill, as […]
KUEHN — MAIERHAUSER v. 1st NAT’L BK.,S.F., 90 S.D. 96 (1976)
238 N.W.2d 490 KUEHN AND MAIERHAUSER, Appellants v. FIRST NAT’L BANK IN SIOUX FALLS, et al., Respondents File No. 11475.Supreme Court of South Dakota. Opinion filed January 22, 1976 Petition for rehearing denied February 27, 1976 Page 97 Appeal from the Circuit Court of Minnehaha County; Hon. Wayne W. Christensen, Judge. Reversed with instructions. Page […]
WESTERN SUR. CO. v. FIRST BANK OF S.D., 427 N.W.2d 840 (1988)
WESTERN SURETY COMPANY, Plaintiff and Appellee v. FIRST BANK OF SOUTH DAKOTA, N.A., Defendant and Appellant and Terry Sampson, Receiver of Clair F. Wieseler and Terry Sampson, individually, Defendants. Nos. 16035, 16092.Supreme Court of South Dakota.Argued May 23, 1988. Decided August 17, 1988. Appeal from the Circuit Court, Seventh Judicial Circuit, Pennington County, Jeffrey W. […]
STATE v. WALZ, 88 S.D. 262 (1974)
218 N.W.2d 480 STATE, Respondent v. WALZ, Appellant File No. 11314.Supreme Court of South Dakota. Opinion filed May 28, 1974 Appeal from the District County Court of Yankton County; Hon. Donald E. Erickson, Judge. Page 263 Jay Tapken, Olivet, for defendant and appellant. Kermit A. Sande, Atty. Gen., by Walt Andre, Asst. Atty. Gen., Pierre, […]
STATE v. LOHNES, 266 N.W.2d 109 (1978)
STATE of South Dakota, Plaintiff and Respondent, v. Dale Martin LOHNES, Defendant and Appellant. Nos. 11926, 12090.Supreme Court of South Dakota.Argued February 17, 1978. Decided May 18, 1978. Appeal from the Circuit Court, Seventh Judicial Circuit, Pennington County, Marshall Young, J. Page 110 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT […]
STATE v. TROUTNER, 80 S.D. 398 (1963)
125 N.W.2d 55 STATE, Respondent v. TROUTNER, Appellant File No. 10044.Supreme Court of South Dakota. Opinion filed December 9, 1963 1. Criminal Law. Theory of prosecution as to defendant’s guilt must be supported by evidence. 2. Larceny. State’s evidence showing that defendant received possession of used automobile from dealer and indicia of ownership thereof, though […]
A-G-E CORP. v. STATE, 2006 SD 66
719 N.W.2d 780 A-G-E CORPORATION, a South Dakota Corporation, Plaintiff and Appellant, v. The STATE of South Dakota, by and through the State Department Of Transportation, a state agency, Defendant and Appellee. No. 23978.Supreme Court of South Dakota.Considered On Briefs May 23, 2006. Decided July 19, 2006. Rehearing Denied August 16, 2006. Appeal from the […]
CITY OF SIOUX FALLS v. HENRY CARLSON CO., 258 N.W.2d 676 (1977)
CITY OF SIOUX FALLS, South Dakota, a Municipal Corporation, Plaintiff and Appellant, v. HENRY CARLSON COMPANY, INC., Defendant and Respondent, and Ron M. Fiegen, Inc., Defendant and Respondent. No. 11805.Supreme Court of South Dakota. Opinion Filed October 20, 1977. Appeal from the Circuit Court, Second Judicial Circuit, Minnehaha County, Richard Braithwaite, J. Page 677 Richard […]
KOBBEMAN v. OLESON, 1998 SD 20
574 N.W.2d 633 Dominic J. KOBBEMAN, Plaintiff and Appellant, v. David C. OLESON, Sr. and Kahler, Inc., a South Dakota Corporation, d/b/a Kahler Insurance Agency, Defendants and Appellees. No. 19915.Supreme Court of South Dakota.Considered on Briefs September 11, 1997. Decided February 25, 1998. Appeal from the Circuit Court, Pennington County, James W. Anderson, J. Page […]
STATE v. AMERICAN NATL. RED CROSS, 60 S.D. 608 (1932)
245 N.W. 399 STATE, Appellant, v. AMERICAN NATIONAL RED CROSS, of Washington, D.C., Respondent. File No. 7343.Supreme Court of South Dakota. Opinion filed November 28, 1932. Wills. In proceeding involving construction of residuary clause of will and devises to “Red Cross Society” as residuary devisee and to one of the two witnesses to will, judgment […]
IN RE OLESON’S ESTATE, 67 S.D. 621 (1941)
297 N.W. 448 In Re OLESON’S ESTATE HANSON, Appellant, v. NORTHWEST SECURITY NAT. BANK OF SIOUX FALLS, Respondent File No. 8425.Supreme Court of South Dakota. Opinion filed April 16, 1941. Executors and Administrators. A provision of written bid for purchase of decedent’s realty at administrator’s sale that if land was confirmed to bidder and he […]
SCHMIDT v. YOUNG, 66 S.D. 472 (1939)
285 N.W. 522 SCHMIDT, Respondent v. YOUNG, et al, Appellant File No. 8202.Supreme Court of South Dakota. Opinion filed April 27, 1939. 1. Appeal and Error. Where at close of testimony plaintiff and defendants moved for directed verdict and trial court withdrew case from consideration of jury and made its own findings of fact and […]
DAILY v. CITY OF SIOUX FALLS, 2011 SD 48
802 N.W.2d 905 Daniel DAILY, Plaintiff and Appellee, v. CITY OF SIOUX FALLS, Defendant and Appellant. Nos. 25698, 25715.Supreme Court of South Dakota.Argued April 26, 2011. Decided August 24, 2011. Appeal from the Circuit Court, Second Judicial Circuit, Minnehaha County, Kathleen K. Caldwell, J. Page 906 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT […]
STATE v. HUETTL, 379 N.W.2d 298 (1985)
STATE of South Dakota, v. Richard D. HUETTL. Nos. 14669, 14678.Supreme Court of South Dakota.Argued February 5, 1985. Decided December 11, 1985. Appeal from the Circuit Court, Fifth Judicial Circuit, Spink County, Vernon C. Evans, J. Page 299 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY […]
STATE v. WAUGH, 2011 SD 71
STATE OF SOUTH DAKOTA, Plaintiff and Appellee, v. LUCAS WAUGH, Defendant and Appellant. No. 25951Supreme Court of South Dakota.Considered on Briefs on October 3, 2011 Opinion Filed November 2, 2011 Appeal from the Circuit Court of the Sixth Judicial Circuit Mellette County, South Dakota, The Honorable Mark Barnett Judge. MARTY J. JACKLEY, Attorney General, FRANK […]
SWANSON v. DEPT. OF COMMERCE REGULATION, 417 N.W.2d 385 (1987)
Leo Eugene SWANSON, Petitioner and Appellant, v. STATE of South Dakota, DEPARTMENT OF COMMERCE AND REGULATION, Respondent and Appellee. No. 15657.Supreme Court of South Dakota. December 23, 1987. Appeal from the Circuit Court, Seventh Judicial Circuit, Pennington County, Jeff W. Davis, J. Page 386 David A. Bradsky of Bradsky Bradsky, Rapid City, for petitioner and […]
IN RE L.H., 789 N.W.2d 732 (S.D. 2010)
In re L.H. No. 25390.Supreme Court of South Dakota. April 22, 2010. Affirmed (PHL)
STATE EX REL. JOHNSON v. SUNSHINE FOOD, 84 S.D. 345 (1969)
171 N.W.2d 508 STATE ex rel. JOHNSON, Appellant v. SUNSHINE FOOD MARKETS, INC., Respondent File No. 10589.Supreme Court of South Dakota. Opinion filed October 22, 1969 Rehearing denied November 14, 1969 Page 346 Appeal from Circuit Court, Minnehaha County; Hon. Andrew W. Bogue, Judge. Reversed. Gordon Mydland, Atty. Gen., Thomas R. Vickerman, Asst. Atty. Gen., […]
DAVIS v. FARMLAND MUT. INS. CO., 2003 SD 111
669 N.W.2d 713 LESTER L. DAVIS, JR., BANKRUPTCY EXAMINER, In the Interest of the Bankruptcy Estate of Patrons Cooperative Association, Plaintiff and Appellee, v. FARMLAND MUTUAL INSURANCE COMPANY, Defendant and Appellant, and ROBERT HEIDGERKEN, MICHAEL YACKLEY, DARREL BISHOP, KENNETH SINGPIEL, LAVERNE KOCH, EDWARD McMAHON, RONALD JOHNSON, JOE VARILEK, and CATHY EVERETT, Defendants. Nos. 22726, 22729Supreme […]
STATE v. LAPLANTE, 2002 SD 95
650 N.W.2d 305 STATE OF SOUTH DAKOTA, PLAINTIFF AND APPELLEE, v. RICHARD LYNN LAPLANTE, DEFENDANT AND APPELLANT. STATE OF SOUTH DAKOTA, PLAINTIFF AND APPELLEE, v. CAROLYN SUSAN LAPLANTE, DEFENDANT AND APPELLANT. Nos. 21993, 21999Supreme Court of South Dakota.Considered On Briefs On April 22, 2002. Opinion Filed August 7, 2002. Appeal From The Circuit Court Of […]
IN RE AG, 703 N.W.2d 670 (S.D. 2003)
IN RE AG. No. 22704.Supreme Court of South Dakota. July 25, 2003. Abstract of summary disposition Affirmed (WJS).
STATE v. GEHRKE, 491 N.W.2d 421 (1992)
STATE of South Dakota, Plaintiff and Appellee, v. John Walter GEHRKE, Defendant and Appellant. No. 17727.Supreme Court of South Dakota.Considered on Briefs May 28, 1992. Decided September 9, 1992. Rehearing Denied October 22, 1992. Appeal from the Circuit Court, Third Judicial Circuit, Beadle County, Eugene L. Martin, J. Page 422 Mark Barnett, Atty. Gen., Patricia […]
STATE v. NEMETI, 472 N.W.2d 477 (1991)
STATE of South Dakota, Plaintiff and Appellee, v. Tim A. NEMETI, Defendant and Appellant. No. 16979.Supreme Court of South Dakota.Considered on Briefs October 26, 1990. Reassigned May 17, 1991. Decided June 26, 1991. Appeal from the Judicial Circuit, Fall River County, John K. Konenkamp, J. David D. Wiest, Asst. Atty. Gen. (Roger A. Tellinghuisen, on […]
MATTER OF S.D., 402 N.W.2d 346 (1987)
In the Matter of S.D., K.C.H., and L.W., Alleged Dependent Children. Nos. 15422, 15428.Supreme Court of South Dakota.Argued January 13, 1987. Decided March 11, 1987. Appeal from the Second Judicial Circuit Court, Minnehaha County, Gene Paul Kean, J. Page 347 John A. Schlimgen of Doyle, Mahoney Lyons, Sioux Falls, for appellant Mother. Page 348 Steven […]
O’BRYAN v. ASHLAND, 2006 SD 56
717 N.W.2d 632 Doug O’BRYAN, Joni O’Bryan, individually and as Doug O’Bryan Contracting, Inc., Plaintiffs and Appellees, v. Bruce ASHLAND, Defendant and Appellant. Nos. 23596, 23609.Supreme Court of South Dakota.Argued January 11, 2006. Decided June 21, 2006. Appeal from the Circuit Court, Seventh Judicial Circuit, Pennington County, Janine M. Kern, J. Page 633 Thomas H. […]
HOFMAN v. WEBER, 2002 SD 11
639 N.W.2d 523 MARLO D. HOFMAN, Petitioner and Appellant, v. DOUGLAS WEBER, Warden, South Dakota State Penitentiary, Respondent and Appellee. No. 21928Supreme Court of South Dakota.Considered on Briefs November 13, 2001. Opinion Filed January 23, 2002. Appeal From The Circuit Court Of The Third Judicial Circuit Deuel County, South Dakota. Honorable Ronald K. Roehr Judge. […]
GROSETH INTERN., INC. v. TENNECO INC., 440 N.W.2d 276 (1989)
GROSETH INTERNATIONAL, INC. and Clifford Groseth, Plaintiffs and Appellees, v. TENNECO INC. and J.I. Case Co., Defendants and Appellants. GROSETH INTERNATIONAL, INC., Plaintiff and Appellee, v. INTERNATIONAL HARVESTER CO., Defendant and Appellant. Nos. 16206, 16207.Supreme Court of South Dakota.Argued January 10, 1989. Decided April 19, 1989. Rehearing Denied May 15, 1989. Appeal from the Circuit […]
AFFILIATED DIST. BRANDS v. GILLIS, ET AL., 81 S.D. 44 (1964)
130 N.W.2d 597 AFFILIATED DISTILLERS BRANDS CORP., Appellant v. GILLIS, et al., Respondent File No. 10132.Supreme Court of South Dakota. Opinion filed October 12, 1964 1. Intoxicating Liquors. Any detrimental impact which illegal practice of refilling from larger containers quart bottles in which whiskey had previously been sold might have on liquor revenue could be […]
STATE v. GALLIGO, 1996 SD 83
551 N.W.2d 303 STATE of South Dakota, Plaintiff and Appellee, v. Doyle GALLIGO, Defendant and Appellant. No. 19386.Supreme Court of South Dakota.Considered on Briefs May 24, 1996. Decided July 2, 1996. Appeal from the Seventh Judicial Circuit Court, Pennington County, Merton B. Tice, Jr., J. Mark Barnett, Attorney General, Jason Harris, Assistant Attorney General, Pierre, […]
BARNES v. STORM, 730 N.W.2d 149 (S.D. 2007)
Barnes v. Storm. No. 24240.Supreme Court of South Dakota. February 20, 2007. Abstracts of Summary Dispositions. Affirmed (JWB).
BALDWIN v. NATIONAL COLLEGE, 537 N.W.2d 14 (1995)
Heidi BALDWIN, Plaintiff and Appellee, v. NATIONAL COLLEGE, A DIVISION OF DLORAH, INC., a South Dakota Corporation, Defendant and Appellant, and Bonnie Flyte, Defendant. No. 18689.Supreme Court of South Dakota.Considered on Briefs December 8, 1994. Decided August 30, 1995. Appeal from the Circuit Court of the Seventh Judicial Circuit, Pennington County, Roland E. Grosshans, J. […]
PIPER v. WEBER, 2009 SD 66
771 N.W.2d 352 Briley PIPER, Petitioner and Appellant, v. Douglas WEBER, Warden, South Dakota State Penitentiary, Respondent and Appellee. No. 24868.Supreme Court of South Dakota.Argued April 28, 2009. Decided July 29, 2009. Appeal from the Circuit Court, Fourth Judicial Circuit, Lawrence County, John W. Bastian, J. Page 353 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES […]
ALLEN v. HUGHES COUNTY, 63 S.D. 93 (1934)
256 N.W. 372 ALLEN, Respondent, v. HUGHES COUNTY, SOUTH DAKOTA, Appellant. File No. 7693.Supreme Court of South Dakota. Opinion filed September 22, 1934. Appeal from Circuit Court, Hughes County; HON. H.R. HANLEY, Judge. Will G. Robinson, of Pierre, for Appellant. Johnson Johnson, of Pierre, for Respondent. PER CURIAM. This is an appeal from a judgment. […]
MARTINDALE v. DICKEY, 72 S.D. 595 (1949)
38 N.W.2d 140 MARTINDALE, Appellant, v. DICKEY, Respondent File No. 9022.Supreme Court of South Dakota. Opinion filed June 17, 1949. 1. Landlord and Tenant. A “partnership” which is an association of two or more persons to carry on as co-owners a business for profit, does not usually exist between the owner of a farm and […]
HANSEN v. HANSEN, 703 N.W.2d 370 (S.D. 2002)
HANSEN v. HANSEN. No. 22293.Supreme Court of South Dakota. September 3, 2002. Affirmed (TDT).
STATE v. WALKER, 287 N.W.2d 705 (1980)
STATE of South Dakota, Plaintiff and Respondent, v. Junior Clay WALKER, Defendant and Appellant. No. 12528.Supreme Court of South Dakota.Argued April 23, 1979. On Reassignment January 30, 1980. Rehearing Denied February 21, 1980. Appeal from the Circuit Court of the Seventh Judicial Circuit, Fall River County, Marshall P. Young, J. Judith A. Atkinson, Asst. Atty. […]
LATTA v. WRIGHT, 67 S.D. 531 (1940)
295 N.W. 490 LATTA, Appellant, v. WRIGHT, Respondent File No. 8417.Supreme Court of South Dakota. Opinion filed December 24, 1940. 1. Chattel Mortgages. A chattel mortgagee had right to possession of the mortgaged property after default, but only for the purpose of foreclosure to satisfy the amount of the mortgage indebtedness. 2. Chattel Mortgages. Plaintiff […]
S. HUDSON-ESSEX CO. v. MORT. CORP., 59 S.D. 521 (1932)
241 N.W. 327 SIOUX HUDSON-ESSEX CO., Appellant, v. IOWA GUARANTEE MORTGAGE CORP., Respondent. File No. 7133.Supreme Court of South Dakota. Opinion filed March 7, 1932. Appeal and Error. Appeal repudiated by appellant corporation in president’s affidavit must be dismissed on respondent’s motion, whether originally authorized or not. Appeal from Circuit Court, Minnehaha County; HON. RAY […]
SHORE v. CRUZ, 2003 SD 81
667 N.W.2d 312 DONALD R. SHORE, Guardian H.L.C. and B.A. C., minor children, Petitioner and Appellee, v. BRONSON CRUZ, Respondent and Appellant. No. 22670Supreme Court of South Dakota.Considered On Briefs On May 27, 2003 Opinion Filed July 16, 2003 Appeal From The Circuit Court Of The Fourth Judicial Circuit Meade County, South Dakota, Honorable Jerome […]
VAN DIEPEN v. VAN DIEPEN, 73 S.D. 366 (1950)
43 N.W.2d 499 VAN DIEPEN, Appellant, v. VAN DIEPEN, Respondent File No. 9113.Supreme Court of South Dakota. Opinion filed July 10, 1950. Appeal from Circuit Court, Minnehaha County; Hon. John T. Medin, Judge. Application to modify divorce decree. From judgment modifying decree, plaintiff appeals. Amended judgment reversed. Page 367 T.R. Johnson, Henry C. Mundt, Sioux […]
STADHEIM v. BECKING, 290 N.W.2d 273 (1980)
Glenn STADHEIM and Harlan Stadheim, Plaintiffs and Appellants, v. Richard BECKING, Defendant and Respondent. No. 12673.Supreme Court of South Dakota.Argued January 22, 1980. Decided March 26, 1980. Appeal from the Circuit Court, Third Judicial Circuit, Codington County, Thomas G. Ries, J. R. Greg Bartron of Osheim, Fox Bartron, Watertown, for plaintiffs and appellants. Thomas P. […]
AMERT v. LAKE COUNTY BD. OF EQUALIZATION, 1998 SD 66
580 N.W.2d 616 Henry H. AMERT, Arleen R. Amert, Richard Amert, Donald Amert, Kay Amert, and Susan Amert, Appellants, v. LAKE COUNTY BOARD OF EQUALIZATION, Appellee. No. 20264.Supreme Court of South Dakota.Considered on Briefs April 29, 1998. Decided June 24, 1998. Appeal from the Circuit Court, Fourth Judicial Circuit, Lake County, Tim D. Tucker, J. […]
STATE v. NAPIER, 779 N.W.2d 167 (S.D. 2010)
State v. Napier. No. 25143.Supreme Court of South Dakota. November 23, 2009. Abstracts of Summary Dispositions Fiscal Year 2010, Affirmed (JWD).
ENGLEHART v. LARSON, 2000 SD 41
608 N.W.2d 673 BEVERLY E. ENGLEHART, Plaintiff and Appellee, v. GARY LARSON, Defendant and Appellant, and Clark Starr; Ruby Starr; Perkins County, a subdivision of the State of South Dakota; and the Internal Revenue Service, an agency of the United States of America, Defendants. Supreme Court of South Dakota.Argued February 15, 2000. Opinion Filed March […]
KIRBY v. STATE, DEPT. OF PUBLIC SAFETY, 262 N.W.2d 49 (1978)
Charles W. KIRBY, Plaintiff and Respondent, v. STATE of South Dakota, DEPARTMENT OF PUBLIC SAFETY, Defendant and Appellant. No. 12138.Supreme Court of South Dakota. January 25, 1978. Appeal from the Circuit Court, Seventh Judicial Circuit, Pennington County, J.H. Bottum, J. Page 50 Thomas G. Fritz, of Lynn, Jackson, Shultz, Ireland Lebrun, Rapid City, for plaintiff […]
KAUTH v. BARTLETT, 2008 SD 20
746 N.W.2d 747 Melissa J. (Bartlett) KAUTH, Plaintiff, v. Lee O. BARTLETT, Defendant and Appellant. No. 24414.Supreme Court of South Dakota.Considered on Briefs August 27, 2007. Reassigned December 20, 2007. Decided March 12, 2008. Appeal from the Fifth Judicial Circuit Court, Spink County, Tony Portra, J. Page 748 Melissa J. (Bartlett) Kauth, Redfield, South Dakota, […]
LEWIS v. MOORHEAD, 522 N.W.2d 1 (1994)
Dean LEWIS and Dorothy Lewis, d/b/a LEWIS, INC., Plaintiffs and Appellants, v. Gerald MOORHEAD and Mary Ann Moorhead, Defendants and Appellees. No. 18507.Supreme Court of South Dakota.Considered on Briefs April 26, 1994. Decided September 14, 1994. Appeal from the Sixth Judicial Circuit Court, Tripp County, Max A. Gors, J. Page 2 Paul E. Jensen of […]
SALES v. McKEE, 68 S.D. 408 (1942)
3 N.W.2d 120 SALES, Plaintiff, v. McKEE, et al, Defendants (Original Proceeding) File No. 8548.Supreme Court of South Dakota. Opinion filed March 28, 1942. 1. Judges. Where four-year term of municipal judge dying in March, 1942, would not have expired until 1943, but statute relating to vacancy in office of municipal judge provided that vacancy […]
SCHOENROCK v. EIB, 75 S.D. 613 (1955)
71 N.W.2d 82 SCHOENROCK, Appellant v. EIB et al., Respondents File No. 9488.Supreme Court of South Dakota. Opinion filed June 28, 1955. 1. New Trial. Where, during trial of wrongful death action, one defendant, who was thereafter found not liable, discussed farming conditions existing then at his home in Kansas with jurors who were mostly […]
OLSEN v. AIRHEART, 531 N.W.2d 571 (1995)
Ray S. OLSEN, Plaintiff and Appellant, v. Robert J. AIRHEART and Beverly I. Airheart, Defendants and Appellees. No. 18763.Supreme Court of South Dakota.Considered on Briefs February 15, 1995. Decided May 10, 1995. Rehearing Denied June 19, 1995. Appeal from the Circuit Court of the Eighth Judicial Circuit, Meade County, Scott C. Moses, J. Verne Thorstenson, […]
ERICKSON v. WEBER, 2008 SD 30
748 N.W.2d 739 Jason D. ERICKSON, Petitioner and Appellant, v. Douglas WEBER, Warden, South Dakota State Penitentiary, Respondent and Appellee. No. 24624.Supreme Court of South Dakota.Considered on Briefs February 11, 2007. Decided April 16, 2008. Appeal from the Circuit Court, Fifth Judicial Circuit, Spink County, Scott P. Myren, J. Page 740 Mark McBride, Beverly Hills, […]
COLE v. COLE, 384 N.W.2d 312 (1986)
Joanne C. COLE, Plaintiff and Appellee, v. Rolfe H. COLE, Defendant and Appellant. No. 14911.Supreme Court of South Dakota.Considered on Briefs January 14, 1986. Decided March 12, 1986. Appeal from the Circuit Court, Second Judicial Circuit, Minnehaha County, Robert C. Heege, J. Page 313 Richard A. Johnson, Pruitt, Matthews Muilenburg, Sioux Falls, for plaintiff and […]
INDEPENDENT COMMUNITY BANKERS ASSOCIATION v. STATE, 346 N.W.2d 737 (1984)
INDEPENDENT COMMUNITY BANKERS ASSOCIATION OF SOUTH DAKOTA, INC.; Professional Insurance Agents of South Dakota; South Dakota Association of Life Underwriters; and the Independent Insurance Agents of South Dakota, Inc., Plaintiffs and Applicants, v. STATE of South Dakota; By and Through its Attorney General, Honorable Mark V. MEIERHENRY, Defendant and Respondent. No. 14288.Supreme Court of South […]
STATE v. KELLEN, 703 N.W.2d 671 (S.D. 2003)
STATE v. KELLEN. No. 22783.Supreme Court of South Dakota. October 14, 2003. Abstract of summary disposition Affirmed (GPK).
OLSON v. U.S. FIDELITY AND GUAR. CO., 1996 SD 66
549 N.W.2d 199 Jeffrey G. OLSON and Donald W. Sanderson, Plaintiffs and Appellants, v. UNITED STATES FIDELITY AND GUARANTY COMPANY, and United Fire and Casualty Company, Defendants and Appellees, and Ted Pfisterer, Ellen Pfisterer, Timothy J. Pfisterer and Dean Kurtz Construction Company, a South Dakota Corporation, Defendants. Nos. 19362, 19363 and 19364.Supreme Court of South […]
TATE v. TATE, 394 N.W.2d 309 (1986)
Willie Ruth TATE, Plaintiff and Appellee, v. J.B. TATE, Sr., Defendant and Appellant. No. 14980.Supreme Court of South Dakota.Considered on Briefs March 19, 1986. Decided October 8, 1986. Appeal from the Circuit Court, Second Judicial Circuit, Minnehaha County, Gene Paul Kean, J. Page 310 Richard A. Johnson, of Pruitt, Matthews Muilenburg, Sioux Falls, for defendant […]
ARENDS v. DACOTAH CEMENT, 2002 SD 57
645 N.W.2d 583 ALLAN ARENDS, Claimant and Appellee, v. DACOTAH CEMENT, Employer/Self-Insurer, Appellant, and BERKLEY ADMINISTRATORS. Nos. 22081, 22084Supreme Court of South Dakota.Considered on Briefs February 11, 2002. Opinion Filed May 15, 2002. Appeal From The Circuit Court Of The Sixth Judicial Circuit Hughes County, South Dakota. The Honorable Steven L. Zinter Judge. Page 584 […]
BUSEMAN v. BUSEMAN, 299 N.W.2d 807 (1980)
Dianna Lynn BUSEMAN, Plaintiff and Appellee, v. Ervin Dale BUSEMAN, Defendant and Appellant. No. 13042.Supreme Court of South Dakota.Considered on Briefs October 17, 1980. Decided December 17, 1980. Appeal from the Circuit Court, Second Judicial District, Minnehaha County, Robert C. Heege, J. Page 808 Mary Sue Donohue of Donohue Donohue, Sioux Falls, for plaintiff and […]
TOLLE v. LEV, 2011 SD 65
CINDY TOLLE, Plaintiff and Appellant, v. PETER LEV, Defendant and Appellee. No. 25931Supreme Court of South Dakota.Considered on Briefs on August 22, 2011 Opinion Filed September 28, 2011 Appeal From The Circuit Court Of The Fourth Judicial Circuit Lawrence County, South Dakota, The Honorable Warren G. Johnson Judge. PATRICK M. GINSBACH of Farrell, Farrell Ginsbach, […]
STATE v. GARDNER, 703 N.W.2d 171 (S.D. 2001)
STATE v. GARDNER. No. 21740.Supreme Court of South Dakota. September 4, 2001. Affirmed (RB).
STATE ET AL. v. SMALL ET AL., 85 S.D. 582 (1971)
187 N.W.2d 573 STATE et al., Respondents v. SMALL et al., Appellants File No. 10869.Supreme Court of South Dakota. Opinion filed May 28, 1971 1. Constitutional Law. Legislature may enact laws in general terms for the public health or safety, and vest in administrative agencies a large measure of discretion in enforcing them, it being […]
STATE v. BOUTCHEE, 406 N.W.2d 708 (1987)
STATE of South Dakota, Plaintiff and Appellee, v. Johnnie Lee BOUTCHEE, Defendant and Appellant. No. 15431.Supreme Court of South Dakota.Considered on Briefs March 23, 1987. Decided May 27, 1987. Appeal from the Second Judicial Circuit Court, Minnehaha County, Richard D. Hurd, J. Clair B. Ledbetter, Asst. Atty. Gen., Pierre, for plaintiff and appellee; Mark V. […]
FEDERAL LAND BANK v. SCHIAGER, 64 S.D. 641 (1936)
269 N.W. 567 THE FEDERAL LAND BANK OF OMAHA, Appellant, v. SCHIAGER, et al, Respondents. File No. 7984.Supreme Court of South Dakota. Opinion filed November 16, 1936. Appeal from Circuit Court, Lincoln County; HON. JOHN T. MEDIN, Judge. In the matter of the application for an extension of time for redemption from mortgage foreclosure sale. […]