theory unaffected error (South Dakota) · Go Syfert
← South Dakota issues

theory unaffected error in South Dakota

5 South Dakota opinions name it 1 courts 1977–1996 0 in the last five years

The cases below were cited by South Dakota courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (3)

CaseFollowedCited
Meyer Ex Rel. Meyer v. Johnsongreen
sd · 1977 · cited in 4 South Dakota opinions naming this issue, 1981–1996
2 sentences

1996“In determining whether error was probably harmless or probably prejudicial an appellate court is guided by all the factors in the case bearing on the likelihood of prejudice, the force of the evidence to sustain the verdiet[,] the assumptions that the jury was intelligent, and where the verdict is sustainable on more than one theory, that the verdict is based on the theory unaffected by error where nothing in the case suggested the contrary.” Koupal & Anton, Inc. v. Wieczorek, 375 N.W.2d 639, 641 (S.D.1985) (quoting Meyer v. Johnson, 254 N.W.2d 107, 112 (S.D.1977) (emphasis added)).

1996"In determining whether error was probably harmless or probably prejudicial an appellate court is guided by all the factors in the case bearing on the likelihood of prejudice, the force of the evidence to sustain the verdict[,] the assumptions that the jury was intelligent, and where the verdict is sustainable on more than one theory, that the verdict is based on the theory unaffected by error where nothing in the case suggested the contrary." Koupal & Anton, Inc. v. Wieczorek, 375 N.W.2d 639, 641 (S.D.1985) (quoting Meyer v. Johnson, 254 N.W.2d 107, 112 (S.D.1977) (emphasis added)).

24
Koupal & Anton, Inc. v. Wieczorekgreen
sd · 1985 · cited in 1 South Dakota opinions naming this issue, 1996–1996
2 sentences

1996“In determining whether error was probably harmless or probably prejudicial an appellate court is guided by all the factors in the case bearing on the likelihood of prejudice, the force of the evidence to sustain the verdiet[,] the assumptions that the jury was intelligent, and where the verdict is sustainable on more than one theory, that the verdict is based on the theory unaffected by error where nothing in the case suggested the contrary.” Koupal & Anton, Inc. v. Wieczorek, 375 N.W.2d 639, 641 (S.D.1985) (quoting Meyer v. Johnson, 254 N.W.2d 107, 112 (S.D.1977) (emphasis added)).

1996"In determining whether error was probably harmless or probably prejudicial an appellate court is guided by all the factors in the case bearing on the likelihood of prejudice, the force of the evidence to sustain the verdict[,] the assumptions that the jury was intelligent, and where the verdict is sustainable on more than one theory, that the verdict is based on the theory unaffected by error where nothing in the case suggested the contrary." Koupal & Anton, Inc. v. Wieczorek, 375 N.W.2d 639, 641 (S.D.1985) (quoting Meyer v. Johnson, 254 N.W.2d 107, 112 (S.D.1977) (emphasis added)).

11
Aschoff v. Mobil Oil Corp.green
sd · 1977 · cited in 1 South Dakota opinions naming this issue, 1996–1996
2 sentences

1996“If at least one proper issue was submitted to the jury, and a general verdict for the plaintiff is returned, the reviewing court will assume that the verdict was returned upon the issue properly submitted.” Id. (citing Aschoff v. Mobil Oil Corp., 261 N.W.2d 120, 124 (S.D.1977)); Mid-America Mktg.

1996"If at least one proper issue was submitted to the jury, and a general verdict for the plaintiff is returned, the reviewing court will assume that the verdict was returned upon the issue properly submitted." Id. (citing Aschoff v. Mobil Oil Corp., 261 N.W.2d 120, 124 (S.D.1977)); Mid-America Mktg.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in South Dakota. Read the followed side critically anyway.

Also cited on this issue (2)

CaseCitedYears
Allen v. McLain green
sd · 1955
2 sentences

1977We are not unmindful of Allen v. McLain, 1955, 75 S.D. 520 , 69 N.W.2d 390 , wherein we said: “In determining whether error was probably harmless or probably prejudicial an appellate court is guided by all the factors in the case bearing on the likelihood of prejudice, the force of the evidence to sustain the verdict, the assumptions that the jury was intelligent, and where the verdict is sustainable on more than one theory, that the verdict is based on the theory unaffected by error, where nothing in the case suggests the contrary.” It is particularly true in a case such as this where the mat

1977We are not unmindful of Allen v. McLain, 1955, 75 S.D. 520 , 69 N.W.2d 390 , wherein we said: “In determining whether error was probably harmless or probably prejudicial an appellate court is guided by all the factors in the case bearing on the likelihood of prejudice, the force of the evidence to sustain the verdict, the assumptions that the jury was intelligent, and where the verdict is sustainable on more than one theory, that the verdict is based on the theory unaffected by error, where nothing in the case suggests the contrary.” It is particularly true in a case such as this where the mat

31977–1985
Plucker v. Kappler green
sd · 1981
2 sentences

1988Plucker v. Kappler, 311 N.W.2d at 925 (quoting Meyer v. Johnson, 254 N.W.2d 107, 112 (S.D.1977)).

1988Plucker v. Kappler, 311 N.W.2d at 925 (quoting Meyer v. Johnson, 254 N.W.2d 107, 112 (S.D.1977)).

11988–1988

← Caselaw search · G Cite Topics · Brief Check