Busby v. Shafer

Following our decision in the case of Raymond v. Barnard, 71 S.D. 630, 28 N.W.2d 700, the legislature enacted a single exception to the rule provided by SDC 33.0203. Ch. 127, Laws 1949. The majority opinion now writes into the statute another exception. It is my view that such action usurps the legislative function: “* * * * where express exceptions are made, the legal presumption is that the legislature did not intend to save other cases from the operation of the statute. In such case, the inference is a strong one that no other exceptions were intended, and the rule generally applied is…