Legal Opinion

Siefkes v. Clark Title Company

South Dakota Supreme Court

Decided March 8, 1974No. 11246PublishedCited by 6 opinions

1Opinion of the Court

DOYLE, Justice.

This is a class action brought by the plaintiff alleging that the defendant charged him and other members of the class for abstracting services performed by the defendant in excess of the amount authorized by SDCL 36-13-25. * From a summary judgment in favor of the defendant plaintiff appeals.

Prior to the 1971 amendment SDCL 36-13-25 provided:

“Fees chargeable by abstracters. — The fees allowed any person doing business under the provisions of this chapter shall be as follows:(1) For the first entry or transfer of any one abstract or continuation thereof, one dollar and fifty…

2Cases cited5 opinions

  1. Nebbia v. New YorkSupreme Court of the United States · 1934
  2. Chicago, Burlington & Quincy Railroad v. McGuireSupreme Court of the United States · 1911
  3. Olsen v. Nebraska Ex Rel. Western Reference & Bond Assn., Inc.Supreme Court of the United States · 1941
  4. State v. NussSouth Dakota Supreme Court · 1962
  5. In re RichardsonSupreme Court of Oklahoma · 1947

3Cited by6 opinions

  1. State Ex Rel. Meierhenry v. Spiegel, Inc.South Dakota Supreme Court · 1979
  2. First American Title Co. v. South Dakota Land Title Ass'nCourt of Appeals for the Eighth Circuit · 1983
  3. First American Title Company Of South Dakota v. South Dakota Land Title AssociationCourt of Appeals for the First Circuit · 1983
  4. A. Unruh Chiropractic Clinic v. De Smet Insurance Co.South Dakota Supreme Court · 2010
  5. First American Title Co. v. South Dakota Land Title Ass'nDistrict Court, D. South Dakota · 1982

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