OLD REPUBLIC SURETY CO. v. WEINERMAN AND ASSOCIATES LLC, No. A21-0401 (Minn. App. Nov. 22, 2021)

Old Republic Surety Company, Respondent, v. Weinerman and Associates LLC, Defendant, Mark Bugni, et al., Appellants. No. A21-0401.Court of Appeals of Minnesota. November 22, 2021.Appeal from the Dakota County District Court File No. 19HA-CV-20-469. COUNSEL Jonathon D. Nelson, Gurstel Law Firm, P.C., Golden Valley, Minnesota (for respondent). Nicholas N. Sperling, Anna M. Koch, Trepanier MacGillis […]

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OSBORNE v. MCMASTERS, 40 Minn. 103 (1889)

40 Minn. 103 Supreme Court of Minnesota. OSBORNE v. MCMASTERS. Jan. 30, 1889. Syllabus 1. *103 Where a statute or municipal ordinance imposes upon a person a duty designed for the protection of others, if he neglects to perform the duty he is liable to those for whose protection it was imposed for any damages resulting proximately […]

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VINCENT v. LAKE ERIE TRANSP. CO., 109 Minn. 456 (1910)

109 Minn. 456 Supreme Court of Minnesota. VINCENT et al. v. LAKE ERIE TRANSP. CO. Jan. 14, 1910. Appeal from District Court, St. Louis County; J. D. Ensign, Judge. Action by R. C. Vincent and others against the Lake Erie Transportation Company. Verdict for plaintiffs. From an order denying a new trial, defendant appeals. Affirmed. […]

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THAO v. STATE, A07-2137 (Minn.App. 9-16-2008)

Van Pao Thao, petitioner, Appellant, v. State of Minnesota, Respondent. No. A07-2137.Minnesota Court of Appeals. Filed September 16, 2008. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2006). Appeal from the […]

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HOFFMAN v. WILTSCHECK, 379 N.W.2d 145 (Minn.App. 1985)

Ronald HOFFMAN, Appellant, v. Gene WILTSCHECK, et al., Courtland Truck Center, d.b.a. Courtland Trucking, et al., Randy Wiltscheck, Fred Gareis, Roland Tauer, et al., Danny’s Bar, Schell’s Brewery, Respondents. No. C1-85-1290.Minnesota Court of Appeals. December 17, 1985. Appeal from the District Court, Brown County, Miles B. Zimmerman, J. Syllabus by the Court 1. The driver […]

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HUNT v. DeFORREST WARD, 193 Minn. 168 (1935)

258 N.W. 145 R. C. HUNT v. DeFORREST WARD.[1] No. 29,966.Supreme Court of Minnesota. January 4, 1935. [1] Reported in 258 N.W. 145, 259 N.W. 12. Appeal and error — equally divided court — affirmance. Action in the district court for Martin county to recover for services rendered. The case was tried before Julius E. […]

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COUNTY OF WA. v. TMT LAND V, 791 N.W.2d 132 (Minn.App. 2010)

COUNTY OF WASHINGTON, petitioner, Respondent, v. TMT LAND V, LLC, Appellant, County of Washington, Respondent Below. No. A10-823.Minnesota Court of Appeals. November 23, 2010. Appeal from the District Court, Washington County, Gregory G. Galler, J. Page 133 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE […]

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IN RE PET., REUTZEL v. STATE DEP., HWYS., 290 Minn. 88 (1971)

186 N.W.2d 521 IN RE PETITION OF CLAUDIA REUTZEL v. STATE, DEPARTMENT OF HIGHWAYS. No. 42558.Supreme Court of Minnesota. April 9, 1971. Highway traffic regulation — order suspending license of accident-involved, uninsured motorist — constitutionality of statute — basis for order. The Safety Responsibility Act, Minn. St. c. 170, which by its terms authorizes the […]

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STATE v. CALEL, A07-1882 (Minn.App. 11-18-2008)

State of Minnesota, Respondent, v. Alejandro Perez Calel, Appellant. No. A07-1882.Minnesota Court of Appeals. Filed November 18, 2008. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2006). Appeal from the District […]

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HONDL v. STATE, A06-464 (Minn.App. 1-9-2007)

Christopher Andrew Hondl, petitioner, Appellant, v. State of Minnesota, Respondent. No. A06-464.Minnesota Court of Appeals. Filed January 9, 2007. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2004). Appeal from the […]

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JOHNSON v. O’BRIEN, 275 Minn. 28 (1966)

144 N.W.2d 720 PATRICIA A. JOHNSON AND OTHERS v. SARAH O’BRIEN, EXECUTRIX OF ESTATE OF CORNELIUS O’BRIEN, AND OTHERS. No. 39,910.Supreme Court of Minnesota. August 19, 1966. Fraudulent conveyances — parents’ transfer to son — validity. Under the Uniform Fraudulent Conveyance Act, Minn. St. 513.20 Page 29 to 513.32, a parents’ transfer of legal title […]

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NORMAN v. COMMISSIONER OF PUBLIC SAFETY, 404 N.W.2d 315 (Minn.App. 1987)

Paul Joseph NORMAN, Petitioner, Respondent, v. COMMISSIONER OF PUBLIC SAFETY, Appellant. No. C9-86-1838.Minnesota Court of Appeals. April 21, 1987. Appeal from the District Court, Dakota County, Robert Bruenig, J. Page 316 Syllabus by the Court 1. Minn.Stat. § 171.30, subd. 3 (1984), which authorizes limited licenses for Class A and B license holders but not […]

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NELSON v. WAYLANDER, 174 Minn. 356 (1928)

219 N.W. 451 AXEL NELSON v. NELS N. WAYLANDER.[1] No. 26,725.Supreme Court of Minnesota. April 27, 1928. [1] Reported in 219 N.W. 451. False representation on part of one partner sufficiently pleaded by the other to admit evidence. An allegation, that a partner in order to induce his copartner to settle all partnership affairs falsely […]

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ARANGO v. DEPT. OF EMPLOY. ECON. DEV., A06-2382 (Minn.App. 1-8-2008)

Andres Arango, Relator, v. Department of Employment and Economic Development, Respondent. No. A06-2382.Minnesota Court of Appeals. Filed: January 8, 2008. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2006). Appeal from […]

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PETERSON v. W. T. RAWLEIGH CO., 274 Minn. 495 (1966)

144 N.W.2d 555 ARTHUR F. PETERSON v. W. T. RAWLEIGH COMPANY. No. 40,014.Supreme Court of Minnesota. July 29, 1966. Negligence — invitee injured by obvious hazard — liability of possessor of land — assumption of risk. 1. A possessor of land may be liable to an invitee for injuries sustained from an obvious hazard if […]

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BRAINERD CONSTR. v. SILVERNALE, C4-97-222 (Minn.App. 7-1-1997)

Brainerd Construction, Inc., Appellant, v. Daniel Silvernale, et al., Respondents, American National Bank, et al., Respondents, John Doe, et al., Defendants. No. C4-97-222.Minnesota Court of Appeals. Filed July 1, 1997. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided […]

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STATE v. WARNER, C7-96-57 (Minn.App. 7-9-1996)

STATE OF MINNESOTA, Respondent, v. JEFFREY PAUL WARNER, Appellant. No. C7-96-57.Minnesota Court of Appeals. Filed July 9, 1996. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (1994). Appeal from the District […]

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STATE v. CROWLEY, C8-99-1216 (Minn.App. 6-27-2000)

State of Minnesota, Respondent, v. Randal Bernard Crowley, Appellant. No. C8-99-1216.Minnesota Court of Appeals. Filed June 27, 2000. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (1998). Appeal from the District […]

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STATE v. AHERN, 349 N.W.2d 838 (Minn.App. 1984)

STATE of Minnesota, Respondent, v. Brian Eugene AHERN, Appellant. No. C8-83-1993.Minnesota Court of Appeals. May 22, 1984. Appeal from the District Court, Watonwan County, Miles B. Zimmerman, J. Page 839 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 840 Syllabus by the […]

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STATE v. MITCHELL, C8-97-2040 (Minn.App. 3-10-1998)

STATE OF MINNESOTA, Respondent, v. TIMOTHY ALLEN MITCHELL, Appellant. No. C8-97-2040.Minnesota Court of Appeals. Filed March 10, 1998. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (1996). Appeal from the District […]

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SPARKS v. WARMKA TRANSPORT, INC., 652 N.W.2d 261 (Minn. 2002)

James Sparks, Deceased Employee by Carolyn Sparks, petitioner, Respondent, v. Warmka Transport, Inc., and General Credit Insurance Company/MIGA, Relators. No. C3-02-1331.Supreme Court of Minnesota. Filed: October 21, 2002 Honorable Cheryl LeClair-Sommer, Compensation Judge, Office of Administrative Hearings. Gregg A. Johnson, Eric S. Westphal, Heacox, Hartman, Mattaini, Koshmrl, Cosgriff Johnson, St. Paul, MN, for Relators. Matthew […]

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MUTUAL TRUST LIFE INSURANCE CO. v. BERG, 187 Minn. 503 (1932)

246 N.W. 9 MUTUAL TRUST LIFE INSURANCE COMPANY v. O. T. BERG AND ANOTHER.[1] No. 28,960.Supreme Court of Minnesota. December 23, 1932. [1] Reported in 246 N.W. 9. Forcible entry and unlawful detainer — possession by plaintiff. 1. A directed verdict for restitution was proper where the evidence showed that plaintiff was, and for over […]

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NAVE v. DOVOLOS, 395 N.W.2d 393 (Minn.App. 1986)

Russell NAVE, et al., Respondents, v. Michael DOVOLOS, defendant and third party plaintiff, Appellant, v. HARVEY HANSEN REALTORS, INC., third party defendant, Respondent. No. C3-86-779.Minnesota Court of Appeals. November 4, 1986. Appeal from the District Court, Hennepin County, Charles A. Porter, J. Page 394 Syllabus by the Court 1. The trial court properly admitted parol […]

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MADSON v. MINNEAPOLIS POLICE DEPARTMENT, 787 N.W.2d 540 (Minn. 2010)

Eric M. MADSON, Respondent, v. MINNEAPOLIS POLICE DEPARTMENT, City of Minneapolis, Self-Insured, Relator. No. A10-897.Supreme Court of Minnesota. August 25, 2010. Mark F. Gaughan, Caroline Bell Beckman, Erickson, Bell, Beckman Quinn, P.A., Roseville, MN, for respondent. Thomas J. Miller, Minneapolis City Attorney’s Office, Minneapolis, MN, for relator. Considered and decided by the court without oral […]

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STATE v. GRBICH, A04-2392 (Minn.App. 7-5-2005)

State of Minnesota, Respondent, v. Steven R. Grbich, Appellant. No. A04-2392.Minnesota Court of Appeals. July 5, 2005. Sherburne County District Court, Hon. Alan Pendleton. RECENT ORDER OPINION EDWARD TOUSSAINT JR., Chief Judge Affirmed.

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STATE v. ANDERSON, 396 N.W.2d 566 (Minn. 1986)

STATE of Minnesota, Respondent, v. Jeffrey L. ANDERSON, Appellant. No. C4-86-516.Supreme Court of Minnesota. December 5, 1986. Appeal from the District Court, Hennepin County, Patrick W. Fitzgerald, J. Syllabus by the Court 1. The trial court did not err in admitting Spriegl evidence. 2. The convictions of aggravated robbery and first-degree (felony) murder are amply […]

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KALLESTAD v. WEAVEWOOD, CX-99-679 (Minn.App. 12-14-1999)

Donald D. Kallestad, Respondent, v. Weavewood, Inc., Appellant. No. CX-99-679.Minnesota Court of Appeals. Filed December 14, 1999. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (1998). Appeal from the District Court, […]

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IN RE BOLANDER v. DeFORREST, A04-594 (Minn.App. 1-18-2005)

In re Christine Louise Bolander, petitioner, Appellant, v. Joel Blake DeForrest, Respondent. No. A04-594.Minnesota Court of Appeals. Filed January 18, 2005. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2002). Appeal […]

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CLAUSSEN v. CITY OF LAUDERDALE, A06-358 (Minn.App. 5-1-2007)

Rand Claussen Appellant, Barbara Claussen, Appellant, Edward Salovich, et al., Plaintiffs, v. City of Lauderdale, Minnesota, Respondent, Paul Nolan, et al., Respondents, Dennis Dolphin, et al., Defendants. Nos. A06-358, A06-742.Minnesota Court of Appeals. Filed May 1, 2007. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and […]

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STATE v. SIMION, A06-83 (Minn.App. 5-15-2007)

State of Minnesota, Respondent, v. C. Dennis Simion, Appellant. No. A06-83.Minnesota Court of Appeals. Filed May 15, 2007. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2006). Appeal from the District […]

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METZLER v. LANAHAN, A07-1062 (Minn.App. 5-20-2008)

Robert Metzler, Appellant, v. Robin Lanahan, Respondent. No. A07-1062.Minnesota Court of Appeals. Filed May 20, 2008. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2006). Appeal from the District Court, Anoka […]

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WILLOUGHBY v. HAWKEYE-SECURITY INSURANCE CO., 291 Minn. 509 (1971)

189 N.W.2d 165 CHARLES F. WILLOUGHBY v. HAWKEYE-SECURITY INSURANCE COMPANY AND ANOTHER. No. 42907.Supreme Court of Minnesota. August 6, 1971. Forum non conveniens — action by nonresident against nonresidents — refusal to exercise jurisdiction. Action in the Ramsey County District Court for damages allegedly sustained by plaintiff by reason of the failure of defendants, Hawkeye-Security […]

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OACHS v. BROWN PRINTING CO., A05-359 (Minn.App. 11-1-2005)

Twyla Oachs, Relator, v. Brown Printing Co., Respondent. Department of Employment and Economic Development, Respondent. No. A05-359.Minnesota Court of Appeals. Filed November 1, 2005. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. […]

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STATE v. BELL, A09-645 (Minn.App. 2-9-2010)

State of Minnesota, Respondent, v. Kevin Timothy Bell, Appellant. No. A09-645.Minnesota Court of Appeals. Filed February 9, 2010. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2008). Appeal from the District […]

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JENNEN v. CTY. OF AITKIN, C7-02-1994 (Minn.App. 5-20-2003)

Helen B. Jennen, Appellant, vs. The County of Aitkin, Respondent. No. C7-02-1994.Minnesota Court of Appeals. Filed May 20, 2003. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2002). Appeal from the […]

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MERRILL v. J. C. PENNEY, 256 N.W.2d 518 (Minn. 1977)

Theresa J. MERRILL, Respondent, v. J. C. PENNEY and Travelers Insurance Company, Relators, Liberty Mutual Insurance Company, Respondent. No. 47105.Supreme Court of Minnesota. July 15, 1977. Page 519 Cousineau, McGuire, Shaughnessy Anderson and Robert J. McGuire, Minneapolis, for relators. Grose, Von Holtum, Von Holtum, Sieben Schmidt and Timothy J. McCoy, Minneapolis, for Merrill. Van Eps […]

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FEDERAL NATIONAL MORTGAGE ASSO. v. SOLL, A10-2207 (Minn.App. 6-27-2011)

Federal National Mortgage Association, Respondent, v. Elizabeth Soll, Defendant, Paul Edward Allen, Appellant, Kimberly Allen, Appellant. No. A10-2207.Minnesota Court of Appeals. Filed June 27, 2011. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, […]

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STATE ON BEHALF OF KREMIN v. GRAHAM, 318 N.W.2d 853 (Minn. 1982)

STATE of Minnesota on Behalf of Marianne KREMIN, petitioner, Respondents, v. Jimmy Lee GRAHAM, Appellant. Jean Marie PEARSON, and County of Anoka, Respondents, v. Lawrence LeRoy LOEFFLER, Defendant, Scott Rosequist, Appellant. Nos. 81-846, 81-984.Supreme Court of Minnesota. May 7, 1982. Appeal from the District Courts in Chisago County, Linn Slattengren, J., and Anoka County, John […]

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FILKINS v. FILKINS, 347 N.W.2d 526 (Minn.App. 1984)

In re the Marriage of David O. FILKINS, petitioner, Appellant, v. Kathryn FILKINS, Respondent. No. C0-83-1180.Minnesota Court of Appeals. May 1, 1984. Appeal from the Court, Hennepin County, Kenneth J. Gill, J. Page 527 Syllabus by the Court The trial court did not abuse its discretion by granting the wife use of the homestead and […]

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SCHANDER v. HULTIN, A09-974 (Minn.App. 1-12-2010)

Gary Schander, Appellant, v. Charity Hultin, Respondent, County of Becker, Respondent. No. A09-974.Minnesota Court of Appeals. Filed January 12, 2010. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2008). Appeal from […]

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ROCHA-CAMACHO v. ALLSTATE INS.CO., A10-2218 (Minn.App. 6-20-2011)

Gustavo Rocha-Camacho, Respondent, v. Allstate Insurance Company, Appellant. No. A10-2218.Minnesota Court of Appeals. Filed June 20, 2011. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2010). Appeal from the District Court, […]

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REESE v. BROOKDALE MOTORS INC., 567 N.W.2d 83 (Minn.App. 1997)

John REESE, et al., Respondents, v. BROOKDALE MOTORS, INC., d/b/a Brookdale Chrysler Plymouth, Appellant. No. C8-97-353.Minnesota Court of Appeals. July 29, 1997. Appeal from the District Court, Hennepin County, Steve Z. Lange, J. Page 84 Syllabus by the Court 1. Where an employer fails to present to the district court the issue of the appropriate […]

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IN RE B.R. S., C0-01-594 (Minn.App. 10-16-2001)

IN THE MATTER OF THE APPLICATION OF: B.R. S., A MINOR, BY R. R., HER MOTHER AND NATURAL GUARDIAN FOR A CHANGE OF NAME TO: B.R. S.-R. No. C0-01-594Minnesota Court of Appeals. Filed October 16, 2001. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may […]

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IN RE WASHINGTON, A08-2216 (Minn.App. 5-19-2009)

In the Matter of the Civil Commitment of: Clarence Antonia Washington. No. A08-2216.Minnesota Court of Appeals. Filed May 19, 2009. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2008). Appeal from […]

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VAN DAM v. BAKER, 164 Minn. 130 (1925)

204 N.W. 633 DICK VAN DAM v. JOHN BAKER AND ANOTHER.[1] No. 24,755.Supreme Court of Minnesota. July 3, 1925. [1] Reported in 204 N.W. 633. Vacating order setting aside writ and levy of attachment not justified when plaintiff did not meet burden of proof cast on him by absolute denial in defendant’s affidavit of assignment […]

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SWANSON v. ALWORTH, 168 Minn. 84 (1926)

209 N.W. 907 LEONARD SWANSON v. MARSHALL H. ALWORTH AND ANOTHER.[1] No. 24,819.Supreme Court of Minnesota. July 2, 1926. [1] Reported in 209 N.W. 907. How to determine whether action is at law or in equity. 1. In action to recover upon a contract whereby the plaintiff was to receive as compensation for his services […]

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HELGESON BROTH. PARTNER. v. CTY. OF DOUGLAS, A10-100 (Minn.App. 9-21-2010)

Helgeson Brothers Partnership, Appellant, v. County of Douglas, Respondent, City of Alexandria, et al., Respondents Alexandria Airports Commission, Defendant. No. A10-100.Minnesota Court of Appeals. Filed September 21, 2010. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. […]

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RUNGE v. SCHROEDER, 174 Minn. 131 (1928)

218 N.W. 455 KATHERINE RUNGE v. HENRY SCHROEDER.[1] No. 26,597.Supreme Court of Minnesota. March 16, 1928. [1] Reported in 218 N.W. 455. Finding of grantor’s mental incompetency not required by evidence. 1. In an action to set aside a deed given to the defendant by his father the evidence did not require a finding that […]

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McGAUGHEY v. COMM’R OF CROW WING CTY., A08-1515 (Minn.App. 7-21-2009)

In re the Matter of: Doug McGaughey, Appellant, v. Commissioner of Crow Wing County Social Services, Respondent, Minnesota Department of Human Services, Respondent. No. A08-1515.Minnesota Court of Appeals. Filed July 21, 2009. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except […]

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MIDWEST FED. SAV. LOAN ASS’N v. COM’R OF REV., 259 N.W.2d 596 (Minn. 1977)

MIDWEST FEDERAL SAVINGS AND LOAN ASSOCIATION of Minnesota, Relator, v. COMMISSIONER OF REVENUE, Respondent. No. 47430.Supreme Court of Minnesota. November 4, 1977. Page 597 Syllabus by the Court 1. A federally chartered savings and loan association is not a Federal “instrumentality” within the meaning of the exemption from state sales and use taxes granted by […]

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ANDERSON v. ILLINOIS FARMERS INS. CO., 269 N.W.2d 702 (Minn. 1978)

Patricia ANDERSON, Respondent, v. ILLINOIS FARMERS INSURANCE COMPANY, Appellant. No. 48176.Supreme Court of Minnesota. June 23, 1978. Appeal from the District Court, Hennepin County, Douglas K. Amdahl, J. Page 703 Syllabus by the Court 1. Minn.St. 1971, § 65B.22, in effect at the time of the accident giving rise to this law suit, required uninsured […]

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BRAMELD v. ALBERT DICKINSON CO., 186 Minn. 89 (1932)

242 N.W. 465 GLADYS G. BRAMELD v. ALBERT DICKINSON COMPANY AND ANOTHER.[1] No. 28,833.Supreme Court of Minnesota. April 29, 1932. [1] Reported in 242 N.W. 465. Workmen’s compensation act — employe working outside of state. 1. In a proceeding under the workmen’s compensation act the employe, who was a traveling salesman working in another state […]

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BACKSTROM v. NEW YORK LIFE INSURANCE CO., 187 Minn. 35 (1932)

244 N.W. 64 NELS G. BACKSTROM v. NEW YORK LIFE INSURANCE COMPANY.[1] No. 29,099.Supreme Court of Minnesota. August 26, 1932. [1] Reported in 244 N.W. 64. Appeal and error — notice and filing of order from which appeal is taken. 1. Notice in writing of an order from the adverse party is premature and ineffectual […]

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IN RE RECEIVERSHIP OF BIG LEAGUE GAME CO., C4-96-856 (Minn.App. 11-26-1996)

In Re: Receivership of Big League Game Company, a Minnesota Corporation, d/b/a Arrowhead Trading Company. No. C4-96-856.Minnesota Court of Appeals. Filed November 26, 1996. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. […]

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STATE v. PARKER, A08-1981 (Minn.App. 11-17-2009)

State of Minnesota, Respondent, v. Hunter Jay Parker, Appellant. No. A08-1981.Minnesota Court of Appeals. Filed November 17, 2009. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2008). Appeal from the District […]

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STATE v. MORGART, A10-511 (Minn.App. 2-15-2011)

State of Minnesota, Respondent, v. Gregory Scott Morgart, Appellant. No. A10-511.Minnesota Court of Appeals. Filed February 15, 2011. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2010). Appeal from the District […]

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FIRST N. BK. OF ELK RIVER v. IND. M., CX-95-1919 (Minn.App. 5-7-1996)

FIRST NATIONAL BANK OF ELK RIVER, A NATIONAL BANKING ASSOCIATION, Respondent, v. INDEPENDENT MORTGAGE SERVICES, A MINNESOTA CORPORATION, ET AL., Appellants. No. CX-95-1919.Minnesota Court of Appeals. Filed May 7, 1996 [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided […]

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IN RE MARRIAGE OF MARSOLAIS v. MARSOLAIS, CX-01-1963 (Minn.App. 4-30-2002)

In re the Marriage of: Cheryl J. Marsolais, petitioner, Respondent, vs. Richard G. Marsolais, Appellant. No. CX-01-1963.Minnesota Court of Appeals. Filed April 30, 2002. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. […]

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SINELL v. TOWN OF SHARON, 206 Minn. 437 (1939)

289 N.W. 44 DAVID C. SINELL v. TOWN OF SHARON AND OTHERS.[1] No. 32,228.Supreme Court of Minnesota. December 8, 1939. [1] Reported in 289 N.W. 44. Laches — defined. 1. Laches in equity is unreasonable delay in seeking relief or asserting one’s right. It is a strictly equitable defense as distinguished from the absolute defense […]

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IN RE PRAHL v. PRAHL, 627 N.W.2d 698 (Minn.App. 2001)

In Re the Marriage of: Steven Walter Prahl, petitioner, Appellant, vs. Jana Lise-Ulland Prahl, Respondent. No. C0-00-1315Minnesota Court of Appeals. Filed May 29, 2001. St. Louis County District Court, File No. F499600073 Page 699 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page […]

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ST. PAUL FIRE MARINE v. CENT. NAT. INS., 480 N.W.2d 681 (Minn.App. 1992)

SAINT PAUL FIRE AND MARINE INSURANCE COMPANY, Respondent, v. CENTRAL NATIONAL INSURANCE COMPANY OF OMAHA, Appellant. No. C0-91-1368.Minnesota Court of Appeals. February 4, 1992. Appeal from the District Court, Ramsey County, David E. Marsden, J. Page 682 Syllabus by the Court 1. Collateral estoppel may be asserted where liability on the same bonds was established […]

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CARPENTER v. NELSON, 257 Minn. 424 (1960)

101 N.W.2d 918 ROBERT WALLACE CARPENTER, A MINOR, BY LEON CARPENTER, GUARDIAN AD LITEM, v. ROY NELSON. No. 37,740.Supreme Court of Minnesota. March 11, 1960. Damages — prospective damages — degree of proof required. 1. In the ordinary civil action the plaintiff has the burden of proving every essential element of his case, including damages, […]

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WILLIAM WEISMAN HOLDING CO. v. MILLER, 188 N.W. 732 (Minn. 1922)

WILLIAM WEISMAN HOLDING CO. v. MILLER et al. No. 22821.Supreme Court of Minnesota. Filed: June 9, 1922. Appeal from Municipal Court of Minneapolis; C.L. Smith, Judge. Action by the William Weisman Holding Company against Abraham B. Miller and another. Judgment for plaintiff, and defendants appeal. Affirmed. SYLLABUS The scope and purpose of an action for […]

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FJELD v. FJELD, 201 Minn. 512 (1937)

277 N.W. 203 META GIEBLER FJELD v. SVERRE FJELD.[1] No. 31,463.Supreme Court of Minnesota. December 31, 1937. [1] Reported in 277 N.W. 203. Divorce — alimony — default — burden of proof. 1. Default in the payment of alimony being admitted, held that defendant failed to sustain necessary burden of showing inability to make payments […]

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STATE v. VO, A10-228 (Minn.App. 7-18-2011)

State of Minnesota, Respondent, v. Phuc Joseph Anh Vo, Appellant. No. A10-228.Minnesota Court of Appeals. Filed July 18, 2011. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2010). Appeal from the […]

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HILLER v. HAGE, 182 Minn. 546 (1931)

235 N.W. 11 CHARLES L. HILLER AND ANOTHER v. GILBERT O. HAGE.[1] No. 28,267.Supreme Court of Minnesota. February 20, 1931. [1] Reported in 235 N.W. 11. Verdicts for plaintiffs sustained. 1. Evidence examined and held to sustain the verdicts returned. No reversible error. 2. No reversible errors are presented. Action in the district court for […]

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STATE v. YORT, C3-96-2226 (Minn.App. 9-9-1997)

State of Minnesota, Respondent, v. John Edward Yort, Appellant. No. C3-96-2226.Minnesota Court of Appeals. Filed September 9, 1997. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (1996). Appeal from the District […]

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SPADARO v. CATHOLIC CEMETERIES, 330 N.W.2d 116 (Minn. 1983)

Robert N. SPADARO, Respondent, v. The CATHOLIC CEMETERIES, et al., Respondents, and Vincent T. Cavanaugh, petitioner, and intervenor, Appellant. No. CO-82-309.Supreme Court of Minnesota. February 25, 1983. Appeal from the District Court, Hennepin County, Chester Durda, J. Syllabus by the Court 1. A surviving spouse must show reasonable cause to disinter a spouse’s body, sufficient […]

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BOOK v. ASSELSTINE, 295 Minn. 531 (1972)

203 N.W.2d 387 ROBERT J. BOOK AND ANOTHER v. G. B. ASSELSTINE. No. 43438.Supreme Court of Minnesota. December 29, 1972. Landlord and tenant — action against guarantor for rent — acts not constituting reentry in derogation of lease. Action in the Ramsey County District Court wherein plaintiffs, Robert J. Book and Georgia M. Book, sought […]

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STATE v. HAINES, C4-96-2381 (Minn.App. 8-19-1997)

STATE OF MINNESOTA, Respondent, v. RICHARD HAINES, Appellant. No. C4-96-2381.Minnesota Court of Appeals. Filed August 19, 1997. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (1996). Appeal from the District Court, […]

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IN RE MARRIAGE OF DOLAN, A04-430 (Minn.App. 1-25-2005)

In re the Marriage of: Sheri Lyn Dolan, f/k/a Sheri Lyn Brandt, petitioner, Respondent, v. Reno Lee Brandt, Appellant. No. A04-430.Minnesota Court of Appeals. Filed January 25, 2005. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. […]

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MINN. DEPT. OF NAT. RES. v. WATERVILLE, 354 N.W.2d 544 (Minn.App. 1984)

MINNESOTA DEPARTMENT OF NATURAL RESOURCES, Appellant, v. CITY OF WATERVILLE and Joseph G. Poehler, Respondents. No. C6-84-481.Minnesota Court of Appeals. September 11, 1984. Appeal from the District Court, Le Sueur County, John C. Schmidt, J. Syllabus by the Court A municipal “shoreland ordinance,” which refers to boundaries of a nonexistent official shorelands map, is so […]

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SOFT TOUCH SAUNA, INC. v. RICHFIELD CITY COUNCIL, 303 Minn. 548 (1975)

226 N.W.2d 327 SOFT TOUCH SAUNA, INC. v. RICHFIELD CITY COUNCIL. No. 45488.Supreme Court of Minnesota. February 21, 1975. Appeal and error — affirmance without opinion — equally divided court. Appeal by Soft Touch Sauna, Inc., from an order of the Hennepin County District Court, Donald T. Barbeau, Judge, dismissing a writ of certiorari, dismissing […]

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ROLLINS v. STATE, 283 Minn. 482 (1969)

168 N.W.2d 690 VERNON L. ROLLINS v. STATE. No. 41364.Supreme Court of Minnesota. June 6, 1969. Criminal law — postconviction proceedings — refusal to vacate guilty plea — propriety. Upon appeal from an order of the district court denying relief in postconviction proceedings, it is held that the determination of the trial court that a […]

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STATE v. SMITH, C7-02-1803 (Minn.App. 7-22-2003)

State of Minnesota, Respondent, v. Dallas Wayne Smith, Appellant. No. C7-02-1803.Minnesota Court of Appeals. Filed July 22, 2003. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2002). Appeal from the District […]

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STATE v. JUE MING, 180 Minn. 221 (1930)

230 N.W. 639 STATE v. JUE MING.[1] No. 27,803.Supreme Court of Minnesota. April 25, 1930. [1] Reported in 230 N.W. 639. Res gestae — statements of fatally wounded person made half hour later. 1. Statements made by a person fatally wounded, within about 30 minutes after he was shot and while in bed and suffering, […]

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IN MATTER OF SCHULTZ, CX-99-1296 (Minn.App. 11-30-1999)

In the Matter of: Larry Glenn Schultz. No. CX-99-1296.Minnesota Court of Appeals. Filed November 30, 1999. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (1998). Appeal from the District Court, Steele […]

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VANLANDSCHOOT v. WALSH, 660 N.W.2d 152 (Minn.App. 2003)

Allen VanLandschoot, et al., Appellants, v. Brian Walsh, Respondent. No. C3-02-1278.Minnesota Court of Appeals. Filed: April 29, 2003. Appeal from the District Court, Crow Wing County, File No. C8002969. Page 153 SYLLABUS In a case where a tortfeasor causes damage to the property of another person, payments made by the tortfeasor’s insurer to the other […]

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STATE v. SOUTO, C4-96-1957 (Minn.App. 4-15-1997)

State of Minnesota, Respondent, v. Debra Ann Souto, Appellant. No. C4-96-1957.Minnesota Court of Appeals. Filed April 15, 1997. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (1996). Appeal from the District […]

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CLINTON FALLS NURSERY CO. v. CITY OF OWATONNA, 167 Minn. 299 (1926)

209 N.W. 2 CLINTON FALLS NURSERY COMPANY v. CITY OF OWATONNA.[1] No. 25,252.Supreme Court of Minnesota. May 14, 1926. [1] Reported in 209 N.W. 2. Act of 1923 inapplicable to facts of case. G.S. 1923, §§ 1720-1725, providing for the detachment of certain lands from incorporated cities is not applicable to the facts stated in […]

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STANTON v. McHUGH, 209 Minn. 458 (1941)

296 N.W. 521 JAMES N. STANTON v. LEE McHUGH.[1] No. 32,626.Supreme Court of Minnesota. February 28, 1941. [1] Reported in 296 N.W. 521. Sale — breach of contract for sale of automobile — evidence. 1. The findings of the trial court that defendant agreed to sell plaintiff a new Plymouth automobile for delivery on or […]

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HOUSTON CTY. v. SOLUM, A07-1408 (Minn.App. 9-16-2008)

Houston County, Respondent, v. Matthew Solum, Appellant (A07-1408), and Matthew Solum, et al., Relators (A07-2115), v. Houston County Board of Commissioners, Respondent. Nos. A07-1408, A07-2115.Minnesota Court of Appeals. Filed September 16, 2008. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except […]

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HAUSER v. HAUSER, C2-96-1388 (Minn.App. 12-24-1996)

Carol Jean Hauser, petitioner, Respondent, vs. Robert Lind Hauser, Jr., Appellant. No. C2-96-1388.Minnesota Court of Appeals. Filed December 24, 1996. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (1996). Appeal from […]

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AMERICAN FAMILY INSURANCE v. WALSER, 628 N.W.2d 605 (Minn. 2001)

American Family Insurance Company, Respondent, vs. Andy Walser Respondent, Matthew Jewison, a minor by and through Gary Jewison, his parent and natural guardian, et al., petitioners, Appellants, Jason Shoemaker, Respondent, Blue Cross and Blue Shield of Minnesota, Respondent. No. C1-00-349.Supreme Court of Minnesota. Filed: July 5, 2001. Appeal from the District Court, Bradley C. Walker, […]

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GARRICK v. NORTHLAND INS. CO., 469 N.W.2d 709 (Minn. 1991)

Emmett GARRICK, et al., Respondents, v. NORTHLAND INSURANCE CO., Petitioner, Appellant, Athena Assurance Company, Respondent, The Omaha Indemnity Co., Petitioner, Respondent. No. C0-90-100.Supreme Court of Minnesota. May 31, 1991. Appeal from the District Court, St. Louis County, David S. Bouschor, J. Syllabus by the Court 1. The absence of an “other insurance” clause in one […]

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STATE v. SHINGOBE, A06-285 (Minn.App. 4-10-2007)

State of Minnesota, Respondent, v. Charlene Ann Shingobe, Appellant. No. A06-285.Minnesota Court of Appeals. Filed April 10, 2007. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2006). Appeal from the District […]

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FOGERTY v. ROSENWALD, 391 N.W.2d 93 (Minn.App. 1986)

Francis FOGERTY, et al., Respondents, v. Herbert H. ROSENWALD, et al., Appellants. No. C5-86-234.Minnesota Court of Appeals. August 5, 1986. Review Denied October 17, 1986. Appeal from the District Court, Anoka County, Spencer J. Sokolowski, J. Page 94 Syllabus by the Court As of July 1, 1985, Minnesota law required a mortgage registration tax to […]

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FEYEREISEN v. SCHMAHL, 162 Minn. 341 (1925)

202 N.W. 738 W.B. FEYEREISEN v. HERMAN G. SCHMAHL.[1] No. 24,439.Supreme Court of Minnesota. March 20, 1925. [1] Reported in 202 N.W. 738. Charge to jury erroneous. It was error to instruct the jury that, if a verdict was returned for the respondent, it should be for a certain amount. The instruction was necessarily based […]

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PUSHOR v. DALE, 242 Minn. 564 (1954)

66 N.W.2d 11 MINNIE PUSHOR v. ROSE T. DALE AND OTHERS.[1] No. 36,321.Supreme Court of Minnesota. July 30, 1954. [1] Reported in 66 N.W.2d 11. Continuance — granting — discretion of trial court — appointment of general guardian. 1. In unlawful detainer proceedings in municipal court of the city of Minneapolis, where upon motion of […]

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COHEN v. COWLES MEDIA COMPANY, 481 N.W.2d 840 (Minn. 1992)

Dan COHEN, petitioner, Respondent, v. COWLES MEDIA COMPANY, d/b/a Minneapolis Star and Tribune Company, petitioner, Appellant (C8-88-2631), Defendant (C0-88-2672), Northwest Publications, Inc., petitioner, Defendant (C8-88-2631), Appellant (C0-88-2672). Nos. C8-88-2631, C0-88-2672.Supreme Court of Minnesota. March 17, 1992. ORDER ON PETITION FOR REHEARING Petitioner-defendants Cowles Media Company and Northwest Publications have filed a petition for rehearing asking […]

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HOLMES v. SCHNEDLER, 176 Minn. 483 (1929)

223 N.W. 908 GEORGE E. HOLMES v. LOUIS H. SCHNEDLER.[1] No. 26,963.Supreme Court of Minnesota. March 1, 1929. [1] Reported in 223 N.W. 908. Title of seller in conditional sale contract. 1. The seller in a conditional sale contract reserves the absolute title which remains in him or passes from him to the purchaser accordingly […]

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IN RE MARRIAGE OF JUCICK, A06-1209 (Minn.App. 5-15-2007)

In re the Marriage of: Barbara Jean Jucick, f/k/a Barbara Jean Jucick-Kleinman, petitioner, Respondent, v. James Michael Kleinman, Appellant. No. A06-1209.Minnesota Court of Appeals. Filed May 15, 2007. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. […]

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