Ayres v. Junek
| Decision Date | 10 December 1976 |
| Docket Number | No. 11768,11768 |
| Citation | 247 N.W.2d 488 |
| Parties | Eldon D. AYRES, Plaintiff and Respondent, v. Gerald JUNEK et al., Defendants and Appellants. |
| Court | South Dakota Supreme Court |
Walter Mueller, of Mueller & Bennett, Belle Fourche, for plaintiff and respondent.
E. James Hood, of Richards & Hood, Spearfish, for defendants and appellants.
Plaintiff, a resident and taxpayer of Spearfish Independent School District No. 104 (the district), commenced the instant actions in March of 1966 on behalf of himself and all other taxpayers in the district, asking that defendants be required to reimburse the district in the total amount of $1955.40, which the district had paid to defendants in 1964 for repairs made to a school bus owned by the district. The matter was finally submitted to the trial court on a stipulation of facts and depositions on June 27, 1975. The trial court entered judgments against the defendants in the amounts prayed for in the several complaints. Defendants have appealed. We affirm.
During all times material herein, defendant Gerald Junek was a member of the school board of the district and a shareholder, officer and director of defendant Junek's Service, Inc. Defendant Delmar Junek was a shareholder, officer and director of Junek's Service, Inc., as well as shop manager of that firm. Defendant Edward R. Miller was an employee of and the manager of the body shop of Junek's Service, Inc.
SDCL 6--1--1 provides that:
SDCL 6--1--2 provides in part that:
'The provisions of § 6--1--1 shall not be applicable when the contract is made pursuant to any one of the...
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In re Dokken, 20856.
...of Bonesteel, 303 N.W.2d 117, 119 (S.D.1981); Pearson v. Franklin Laboratories, Inc., 254 N.W.2d 133, 140-41 (S.D.1977); Ayres v. Junek, 247 N.W.2d 488, 490 (S.D.1976); Geo. A. Clark & Son, Inc. v. Nold, 85 S.D. 468, 185 N.W.2d 677, 680 (S.D.1971),cert. denied 404 U.S. 833, 92 S.Ct. 82, 30 ......
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First Nat. Bank of Biwabik Minnesota v. Bank of Lemmon, s. 18816
...Leslie v. City of Bonesteel, 303 N.W.2d 117 (S.D.1981); Pearson v. Franklin Laboratories, Inc., 254 N.W.2d 133 (S.D.1977); Ayres v. Junek, 247 N.W.2d 488 (S.D.1976); Walsh v. Shoulders, 87 S.D. 270, 206 N.W.2d 60 (1973); Geo. A. Clark and Son, Inc. v. Nold, 85 S.D. 468, 185 N.W.2d 677 (1971......
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Lawler v. Windmill Restaurant, 16074
...presumption of correctness. This goes back as far as Geo. A. Clark & Son, Inc. v. Nold, 85 S.D. 468, 185 N.W.2d 677 (1971); Ayres v. Junek, 247 N.W.2d 488 (S.D.1976). Careful scrutiny of precedent in this Court reveals that, in reviewing workers compensation administrative proceedings, medi......
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Foltz v. Warner Transp., 18372
...testimony of a treating physician can be reviewed by this court "unhampered by the clearly erroneous rule") (citing Ayres v. Junek, 247 N.W.2d 488, 490 (S.D.1976)); Geo. A. Clark & Son, Inc., v. Nold, 85 S.D. 468, 474, 185 N.W.2d 677, 680 (1971) (stating that where the clearly erroneous rul......