last antecedent doctrine (South Dakota) · Go Syfert
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last antecedent doctrine in South Dakota

8 South Dakota opinions name it 1 courts 1990–2011 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 (4)

CaseFollowedCited
Lewis v. Annie Creek Mining Co.green
sd · 1951 · cited in 4 South Dakota opinions naming this issue, 1990–1997
2 sentences

1997In reviewing this statute, the circuit court applied the doctrine of the last antecedent, which states, "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." Lewis v. Annie Creek Mining Co., 74 SD 26 , 33, 48 NW2d 815, 819 (1951).

1997In reviewing this statute, the circuit court applied the doctrine of the last antecedent, which states, “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.” Lewis v. Annie Creek Mining Co., 74 S.D. 26, 33 , 48 N.W.2d 815, 819 (1951).

34
State v. Ventlinggreen
sd · 1990 · cited in 2 South Dakota opinions naming this issue, 1994–2011
2 sentences

2011See id. (declining to apply the doctrine of the last antecedent to interpret a statute when the meaning of the statute could be ascertained without the use of extrinsic aids); see also State v. Ventling, 452 N.W.2d 123 (S.D.1990) (finding that the meaning of the statute was clear and that the doctrine of the last antecedent “provide[d] no guidance” in interpreting the plain terms of the statute).

1994See State v. Ventling, 452 N.W.2d 123, 126 (S.D.1990) (applying doctrine of the last antecedent; and describing Kabema as utilizing the doctrine on a statute applying “two possible modifying clauses to a single, subsequent term”).

22
Estate of Fisher v. Fishergreen
sd · 2002 · cited in 1 South Dakota opinions naming this issue, 2011–2011
1 sentence

2011See id. (declining to apply the doctrine of the last antecedent to interpret a statute when the meaning of the statute could be ascertained without the use of extrinsic aids); see also State v. Ventling, 452 N.W.2d 123 (S.D.1990) (finding that the meaning of the statute was clear and that the doctrine of the last antecedent “provide[d] no guidance” in interpreting the plain terms of the statute).

11
Kaberna v. School Board of Lead-Deadwood School District 40-1green
sd · 1989 · cited in 1 South Dakota opinions naming this issue, 1990–1990
2 sentences

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)).

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)).

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
In Re Real Estate Tax Exemption for Black Hills Legal Services, Inc. green
sd · 1997
2 sentences

1998In re Tax Appeal of Black Hills Legal Services, Inc., 1997 SD 64 , ¶8, 563 NW2d 429, 431 ; Nat'l Farmers Union P. & Cas.

1998In re Tax Appeal of Black Hills Legal Services, Inc., 1997 SD 64 , ¶8, 563 NW2d 429, 431 ; Nat'l Farmers Union P. & Cas.

21998–1998
Rogers v. Allied Mutual Insurance Co. green
sd · 1994
1 sentence

1995In general, the doctrine of the last antecedent applies “unless there is something in the subject matter or dominant purpose which requires a different interpretation.” Rogers, 520 N.W.2d at 617 (citing Kabema, 438 N.W.2d at 543; Annie Creek Mining, 74 S.D. at 33 , 48 N.W.2d at 819 ).

11995–1995

Statutes the citing opinions construe

SD § S.D. Codified Laws § 15-6-56 (3)

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.

Where else courts name it

WA 72 (1941–2026) IL 64 (1977–2024) TX 60 (1979–2025) CA 53 (1991–2024) MI 38 (1975–2026) FL 29 (1981–2024) OR 18 (1996–2024) MO 17 (1973–2022) AZ 16 (1984–2025) PA 15 (1974–2026) NM 11 (1996–2022) NC 10 (1990–2026) CO 10 (1989–2026) MA 9 (1940–2025) SD 8 (1990–2011) WI 7 (1915–2021) OK 7 (1994–2025) CT 7 (1996–2019) KS 6 (1989–2022) ID 5 (1994–2026) NY 5 (1931–2018) OH 5 (2011–2024) VA 5 (2004–2023) NH 4 (2010–2025) MD 4 (2014–2026) NJ 3 (2017–2021) AK 3 (1983–2010) NV 3 (2011–2015) MN 3 (2016–2019) IA 3 (2006–2016) RI 2 (1985–2013) DE 2 (2016–2021) ND 2 (2019–2023) IN 2 (2008–2016) VT 2 (2010–2026)

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.

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