SDCL 1-1-24 provides:
In this state the rules of the common law, including the rules of the law merchant, are in force, except where they conflict with the will of the sovereign power, expressed in the manner stated in § 1-1-23.

Petition of Larson, 295 NW 2d 733 - SD: Supreme Court 1980 provides:
In Ogle v. Circuit Court, Tenth (Now Sixth) Judicial Circuit, 89 S.D. 18, 227 N.W.2d 621 (1975), this Court held that at common law an individual was free to change his name without legal proceedings and that the primary purpose of our statutory change of name provisions was not to supplant or abrogate the common law right.