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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.
| Case | Followed | Cited |
|---|---|---|
Meyer Ex Rel. Meyer v. Johnsongreen2 sentences1996“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)). | 2 | 4 |
Koupal & Anton, Inc. v. Wieczorekgreen2 sentences1996“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)). | 1 | 1 |
Aschoff v. Mobil Oil Corp.green2 sentences1996“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. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in South Dakota. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Allen v. McLain
green
2 sentences1977We 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 | 3 | 1977–1985 |
Plucker v. Kappler
green
2 sentences1988Plucker 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)). | 1 | 1988–1988 |