JENSEN RANCH, INC. v. MARSDEN

Nos. 16244, 16254.

440 N.W.2d 762 (1989)

The JENSEN RANCH, INCORPORATED, a South Dakota Corporation, and Paul Jensen, Plaintiffs and Appellees, v. Robert D. MARSDEN and Herma R. Marsden, husband and wife, and K.C. Marsden, Defendants and Appellants.

Supreme Court of South Dakota.

Decided May 10, 1989.


Attorney(s) appearing for the Case

Scott D. McGregor of Finch, Viken, Viken & Pechota, Rapid City, for plaintiffs and appellees.

Larry M. Von Wald and Craig A. Pfeifle of Lynn, Jackson, Schultz & Lebrun, Rapid City, for defendants and appellants.


MILLER, Justice.

In this appeal, concerning a boundary fence dispute, we hold that (1) the trial court erred in converting one party's motion to dismiss into a summary judgment for the other party; (2) the trial court did not err in refusing to dismiss the action based upon a claim of service of notice upon the wrong parties; (3) the trial court did not err in denying punitive damages, and (4) the trial court erred in determining that prejudgment interest was not...

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