# Heiser v. Rodway

> South Dakota Supreme Court · November 19, 1976 · 247 N.W.2d 65

URL: https://www.frixlaw.com/law-library/cases/9723304

## Case

- **Full name:** Keith HEISER and Carolynn Heiser, Plaintiffs and Appellants, v. Lynn RODWAY, Defendant and Respondent
- **Court:** South Dakota Supreme Court
- **Decided:** November 19, 1976
- **Citations:** 247 N.W.2d 65; 1976 S.D. LEXIS 141
- **Precedential status:** Published
- **Opinion:** Concurrence by Coler
- **Judges:** Coler, Dunn, Fosheim, Winans, Wollman, Zastrow
- **Cited by:** 18 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9723304

## How later opinions describe it (automated extraction)

- acknowledging that allowing evidence of equitable issues even on a limited basis may interfere with the summary nature of the remedy, but concluding “that [such] interference is warranted”

## Opinion text

COLER, Justice
(concurring specially).
I agree with the result reached by the majority opinion but am convinced that this Court should correct an apparent oversight in the 1966 revision of the Rules of Civil Procedure and add SDCL 21-16-4 to the list of superseded statutes and rules set forth in Rule 81(b).
SDCL 21-16-4 is so totally inconsistent with the concept of RCP Rules 13 and 18 (SDCL 15-6-13, 15-6-18), providing for joinder of all claims and doing away with multiple actions, that Aegerter v. Hayes, 55 S.D. 337 , 226 N.W. 345 , should be overruled. Only by such a holding will the conflict of law and procedure be resolved.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9723304. Public record. Not legal advice.