12 South Dakota opinions name it 1 courts 1951–2017 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 |
|---|---|---|
Lewis v. Annie Creek Mining Co.green2 sentences2007Dist. 40-1, 438 N.W.2d 542, 543 (S.D.1989)) (citing Lewis v. Annie Creek Mining Co., 74 S.D. 26, 33 , 48 N.W.2d 815, 819 (1951)) (citing State v. Ventling, 452 N.W.2d 123, 126 (S.D.1990)). [¶22.] Hoglunds contend that employing the general rule to the language of the paragraph, the modifying clause “sustained by any one person,” applies to the last antecedent, “bodily injury,” such that “per person” liability limits are available to provide coverage only for “bodily injury” as defined in the policy. 2007Dist. 40-1, 438 N.W.2d 542, 543 (S.D.1989)) (citing Lewis v. Annie Creek Mining Co., 74 S.D. 26, 33 , 48 N.W.2d 815, 819 (1951)) (citing State v. Ventling, 452 N.W.2d 123, 126 (S.D.1990)). [¶22.] Hoglunds contend that employing the general rule to the language of the paragraph, the modifying clause “sustained by any one person,” applies to the last antecedent, “bodily injury,” such that “per person” liability limits are available to provide coverage only for “bodily injury” as defined in the policy. | 5 | 7 |
Kaberna v. School Board of Lead-Deadwood School District 40-1green2 sentences2007Dist. 40-1, 438 N.W.2d 542, 543 (S.D.1989)) (citing Lewis v. Annie Creek Mining Co., 74 S.D. 26, 33 , 48 N.W.2d 815, 819 (1951)) (citing State v. Ventling, 452 N.W.2d 123, 126 (S.D.1990)). [¶22.] Hoglunds contend that employing the general rule to the language of the paragraph, the modifying clause “sustained by any one person,” applies to the last antecedent, “bodily injury,” such that “per person” liability limits are available to provide coverage only for “bodily injury” as defined in the policy. 1990The doctrine provides that, "[i]t is the general rule of statutory as well as grammatical construction that a modifying clause is confined to the last antecedent unless there is something in the subject matter or dominant purpose which requires a different interpretation." Kaberna v. School Bd. of Lead-Deadwood, 438 N.W.2d 542, 543 (S.D.1989) ( quoting, Lewis v. Annie Creek Mining Co., 74 S.D. 26, 33 , 48 N.W.2d 815, 819 (1951)). | 4 | 4 |
Estate of Fisher v. Fishergreen2 sentences2011Cos. v. B.N.C., 2005 S.D. 89 , ¶ 17, 702 N.W.2d 379, 385 (quoting Estate of Fisher v. Fisher, 2002 S.D. 62 , ¶ 13, 645 N.W.2d 841, 845 ). 2005Estate of Fisher v. Fisher, 2002 SD 62, ¶ 13 , 645 N.W.2d 841, 845 (citation omitted). | 1 | 2 |
Rogers v. Allied Mutual Insurance Co.green2 sentences2007Rogers, 520 N.W.2d at 617 (quoting Kaberna v. School Bd. of Lead-Deadwood Sch. 1995Co., 520 N.W.2d 614, 617 (S.D.1994) (citing Kabema v. School Bd. of Lead-Deadwood Sck. | 1 | 2 |
Hoglund v. Dakota Fire Insurance Co.green2 sentences2017Co., 2007 S.D. 123 , ¶ 21, 742 N.W.2d 853, 859 (citing Rogers v. Allied Mut. 2017Co., 2007 S.D. 123 , ¶ 21, 742 N.W.2d 853, 859 (citing Rogers v. Allied Mut. | 1 | 1 |
State Auto Insurance Companies v. B.N.C.green1 sentence2011Cos. v. B.N.C., 2005 S.D. 89 , ¶ 17, 702 N.W.2d 379, 385 (quoting Estate of Fisher v. Fisher, 2002 S.D. 62 , ¶ 13, 645 N.W.2d 841, 845 ). | 1 | 1 |
State v. Ventlinggreen1 sentence2007Dist. 40-1, 438 N.W.2d 542, 543 (S.D.1989)) (citing Lewis v. Annie Creek Mining Co., 74 S.D. 26, 33 , 48 N.W.2d 815, 819 (1951)) (citing State v. Ventling, 452 N.W.2d 123, 126 (S.D.1990)). [¶22.] Hoglunds contend that employing the general rule to the language of the paragraph, the modifying clause “sustained by any one person,” applies to the last antecedent, “bodily injury,” such that “per person” liability limits are available to provide coverage only for “bodily injury” as defined in the policy. | 1 | 1 |
Equal Emp. Op. Com'n v. BROTHERHOOD OF PAINTERS, ETC.green2 sentences1993"It is a general rule of statutory construction that modifying phrases or clauses should be referred to the word, phrase, or clause with which they are grammatically connected." EEOC v. Brotherhood of Painters, 384 F.Supp. 1264, 1266 (D.S.D.1974) (citing M'Clurg v. Kingsland, 42 U.S. (1 How.) 202 , 11 L.Ed. 102 (1843)); Cf. Kaberna v. School Bd. of Lead-Deadwood, 438 N.W.2d 542, 543 (S.D.1989). 1993“It is a general rule of statutory construction that modifying phrases or clauses should be referred to the word, phrase, or clause with which they are grammatically connected.” EEOC v. Brotherhood of Painters, 384 F.Supp. 1264, 1266 (D.S.D.1974) (citing M’Clurg v. Kingsland, 42 U.S. (1 How.) 202 , 11 L.Ed. 102 (1843)); Cf. Kaberna v. School Bd. of Lead-Deadwood, 438 N.W.2d 542, 543 (S.D.1989). | 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 |
|---|---|---|
Hopkins v. Hopkins
green
2 sentences1990Hopkins v. Hopkins, 287 Mass. 542 , 192 N.E. 145 , 95 A.L.R. 1286 . 1990Hopkins v. Hopkins, 287 Mass. 542 , 192 N.E. 145 , 95 A.L.R. 1286 . | 2 | 1951–1990 |
McCLURG v. KINGSLAND
green
2 sentences1993“It is a general rule of statutory construction that modifying phrases or clauses should be referred to the word, phrase, or clause with which they are grammatically connected.” EEOC v. Brotherhood of Painters, 384 F.Supp. 1264, 1266 (D.S.D.1974) (citing M’Clurg v. Kingsland, 42 U.S. (1 How.) 202 , 11 L.Ed. 102 (1843)); Cf. Kaberna v. School Bd. of Lead-Deadwood, 438 N.W.2d 542, 543 (S.D.1989). 1993“It is a general rule of statutory construction that modifying phrases or clauses should be referred to the word, phrase, or clause with which they are grammatically connected.” EEOC v. Brotherhood of Painters, 384 F.Supp. 1264, 1266 (D.S.D.1974) (citing M’Clurg v. Kingsland, 42 U.S. (1 How.) 202 , 11 L.Ed. 102 (1843)); Cf. Kaberna v. School Bd. of Lead-Deadwood, 438 N.W.2d 542, 543 (S.D.1989). | 1 | 1993–1993 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.