Michael BALDER, et al., Respondents, v. Thomas W. HALEY, Respondent, and Midwest Family Mutual Insurance Company, formerly known as Minnesota Farmer’s Mutual Insurance Company, Appellant, and Sieben, Grose, Von Holtum, McCoy Carey, Ltd., Respondents. No. C2-88-2639.Minnesota Court of Appeals. June 13, 1989. Review Denied July 27, 1989. Appeal from the District Court, Benton County, Roger […]
Category: Minnesota Court Opinions
STATE v. ANDERSON, C3-98-1338 (Minn.App. 5-4-1999)
State of Minnesota, Respondent, v. John Carl Anderson, Appellant. No. C3-98-1338.Minnesota Court of Appeals. Filed May 4, 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 [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn.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 […]
AICHELE BROS. INC. v. SKOGLUND, 194 Minn. 291 (1935)
260 N.W. 290 AICHELE BROS. INC. v. P. O. SKOGLUND AND OTHERS.[1] No. 30,295.Supreme Court of Minnesota. April 12, 1935. [1] Reported in 260 N.W. 290. Bank and banking — insolvency — acceptance of deposits — criminal liability — commissioner of banks. 1. The provisions of 2 Mason Minn. St. 1927, § 10407, do not […]
MARTINSON v. LEVERLING, CO-95-2576 (Minn.App. 6-25-1996)
Ralph D. Martinson, Assoc., Inc., Respondent, vs. William D. Leverling, Defendant, and W.E. “Gene” Tomlinson, Appellant. No. CO-95-2576.Minnesota Court of Appeals. Filed June 25, 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 [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn.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, […]
PATTERSON v. STOVER, 400 N.W.2d 398 (Minn.App. 1987)
David P. PATTERSON, Respondent, v. Horace W. STOVER, et al., Appellants. No. C5-86-1271.Minnesota Court of Appeals. February 10, 1987. Appeal from the District Court, St. Louis County, Kenneth A. Sandvik, J. Page 399 Syllabus by the Court 1. The tial court properly found taht tere was an enforceable contract between appeallants and respondent and that […]
HUVER BY HUVER v. OPATZ, 392 N.W.2d 237 (Minn. 1986)
Timothy John HUVER, a minor, by his father, John HUVER, and John Huver, Respondents, v. Cheryl OPATZ, et al., Defendants, LeSauk Township, petitioner, Appellant. No. C4-85-585.Supreme Court of Minnesota. August 15, 1986. Appeal from the District Court, Stearns County. Syllabus by the Court 1. Minn.Stat. § 164.12 (1984) authorizes agreements between adjoining townships that allocate […]
IN MATTER OF LUND, A06-1657 (Minn. 4-17-2007)
In the Matter of the Civil Commitment of Jeremy Allan Lund. No. A06-1657.Supreme Court of Minnesota. Filed: April 17, 2007. ORDERS ON PETITIONS FOR FURTHER REVIEW Denied.
KVERNMO v. INDEP. SCHOOL DIST. NO. 403, 541 N.W.2d 620 (Minn.App. 1996)
Gail KVERNMO, Relator, v. INDEPENDENT SCHOOL DISTRICT NO. 403, Ivanhoe, Minnesota, Respondent. No. CX-95-1581.Minnesota Court of Appeals. January 9, 1996. Review Denied March 19, 1996. Syllabus by the Court A school district with an established past practice of apportioning study hall assignments among teachers is not required by seniority provisions in Minn.Stat. § 125.12 (1994) […]
NESSI v. SUDOVEST GROUP, C0-01-1938 (Minn.App. 7-30-2002)
Sergio Nessi, Respondent, v. Sudovest Group, Inc., Appellant, Federico Pellicioli, Defendant, and Sudovest Group, Inc., Appellant, v. Ettore Nessi, et al., Respondents. No. C0-01-1938Minnesota Court of Appeals. Filed July 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 […]
FRAZIER v. BURLINGTON NORTHERN SANTA FE CORP., A09-2212 (Minn. 2-16-2010)
Michael D. Frazier, as Trustee for the Next-of-Kin of Brian L. Frazier, Harry James Rhoades, Sr., as Trustee for the Next-of-Kin of Harry James Rhoades, Jr., deceased, Denise Renee Shannon, as Trustee for the Next-of-Kin on Bridgette Marie Shannon, deceased, Elizabeth Chase, as Trustee for the Next-of-Kin of Corey Everett Chase, deceased v. Burlington Northern […]
ILHC OF EAGAN, LLC v. COUNTY OF DAKOTA, 693 N.W.2d 412 (Minn. 2005)
ILHC OF EAGAN, LLC, d/b/a The Commons on Marice, petitioner, Respondent, v. COUNTY OF DAKOTA, Relator. No. A03-1407.Supreme Court of Minnesota. March 17, 2005. Page 413 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 414 SYLLABUS To have been eligible for property […]
MINNEAPOLIS PUBLIC HOUSING AUTH. v. MAI LOR, 591 N.W.2d 700 (Minn. 1999)
Minneapolis Public Housing Authority, Appellant, v. Mai Lor, Respondent. No. C2-97-1756.Supreme Court of Minnesota. Decided April 8, 1999. Appeal from Court of Appeals. Reversed and remanded. SYLLABUS A public housing authority has the discretion to initiate an unlawful detainer action against a tenant whose household member has been accused of criminal activity. A trial court […]
JENSEN v. LEONARD, A08-2253 (Minn.App. 10-20-2009)
Mark A. Jensen, as trustee for the next of kin of Ann Marie Jensen, Appellant, v. Parker Arnold S. Leonard, M. D., Defendant, University of Minnesota Medical Center-Fairview, Respondent, University of Minnesota, formerly d/b/a University of Minnesota Medical Center, Respondent. No. A08-2253.Minnesota Court of Appeals. Filed October 20, 2009. [EDITOR’S NOTE: This case is unpublished […]
VAN CLEVE v. WALLACE, 216 Minn. 500 (1944)
13 N.W.2d 467 HORATIO P. VAN CLEVE AND OTHERS v. W. GLEN WALLACE.[1] No. 33,674.Supreme Court of Minnesota. February 25, 1944. [1] Reported in 13 N.W.2d 467. Municipal corporation — status and election of president of Minneapolis council. 1. The president of the Minneapolis city council is an “officer” within the language of the charter, […]
ELWOODS v. STATE, A04-1750 (Minn. 9-28-2005)
Kenyetta Elwoods v. State. No. A04-1750.Supreme Court of Minnesota. September 28, 2005. Order on petition for further review Denied.
O’NEIL v. OLIVER IRON MINING CO., 225 Minn. 472 (1948)
32 N.W.2d 71 EDWARD P. O’NEIL v. OLIVER IRON MINING COMPANY.[1] No. 34,523.Supreme Court of Minnesota. February 20, 1948. [1] Reported in 32 N.W.2d 71. Workmen’s compensation — compensable expense — treatment of injured employe after change of physicians — approval of industrial commission. Where a change of physicians was requested by an injured employe […]
STATE CITY OF EAGAN v. STOFFERAHN, 434 N.W.2d 501 (Minn.App. 1989)
STATE of Minnesota, CITY OF EAGAN, Respondent, v. Todd Wayne STOFFERAHN, Appellant. No. C1-88-638.Minnesota Court of Appeals. January 24, 1989. Appeal from the District Court, Dakota County, Goerge H. Hoey, J. Syllabus by the Court Under Minnesota Statutes, a defendant is discharged from criminal sentencing on the date stay of the sentence expires. Although the […]
STATE v. SPEARS, A10-264 (Minn. 3-15-2011)
State v. Randall Mark Spears. No. A10-264.Supreme Court of Minnesota. Filed March 15, 2011. ORDERS ON PETITIONS FOR FURTHER REVIEW Denied Page 2
CAMERON v. MANNERS, C2-01-1908 (Minn.App. 6-4-2002)
Kimberly Marie Cameron, Appellant, v. William Harry Manners, et al., Respondents. No. C2-01-1908.Minnesota Court of Appeals. Filed June 4, 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. 3 (2000). Appeal from […]
O’DEA v. BYRAM, 176 Minn. 67 (1928)
222 N.W. 519 JAMES O’DEA v. H. E. BYRAM AND OTHERS.[1] No. 27,013.Supreme Court of Minnesota. December 14, 1928. [1] Reported in 222 N.W. 519. Plaintiff fireman failed to prove a violation of federal boiler inspection act. On a train trip, a latch upon an appliance for shaking or turning the grates of a locomotive […]
COBB v. SOO LINE RAILROAD CO., A10-253 (Minn.App. 12-7-2010)
Ricky Cobb, Appellant, v. Soo Line Railroad Company, d/b/a Canadian Pacific Railway, Respondent. No. A10-253.Minnesota Court of Appeals. Filed December 7, 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). […]
SMITH v. HENCIR-NICHOLS, INC., 276 Minn. 390 (1967)
150 N.W.2d 556 GERVASE SMITH v. HENCIR-NICHOLS, INC. No. 40,710.Supreme Court of Minnesota. April 28, 1967. Negligence — accident claimed to have been caused by seller’s negligence or breach of warranty — jury issues — burden of proof. Where there are two explanations for an accident only one of which would result in liability on […]
HORSETH v. FUGLESTEEN, 165 Minn. 38 (1925)
205 N.W. 607 SAMUEL H. HORSETH AND ANOTHER v. THEODOR FUGLESTEEN.[1] No. 24,834.Supreme Court of Minnesota. October 30, 1925. [1] Reported in 205 N.W. 607. Specific performance of husband’s contract to convey quarter section containing homestead denied. The plaintiffs, husband and wife, owned a quarter section of land. One 80 was exempt as a homestead. […]
TURNER v. STATE, 305 Minn. 518 (1975)
232 N.W.2d 246 EUGENE ROBERT TURNER v. STATE. Nos. 44971, 44993.Supreme Court of Minnesota. August 15, 1975. Criminal law — postconviction proceeding — denial of relief — propriety. Appeal by Eugene Robert Turner from an order of the Hennepin County District Court, Douglas K. Amdahl, Judge, denying his petition Page 519 for postconviction relief after […]
COYNE v. COMMISSIONER OF PUBLIC SAFETY, A03-888 (Minn.App. 3-2-2004)
Julie Elizabeth Coyne, petitioner, Appellant, v. Commissioner of Public Safety, Respondent. No. A03-888.Minnesota Court of Appeals. Filed March 2, 2004. [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 […]
PARR v. FEARING, A04-1191 (Minn.App. 3-15-2005)
Mary Parr, et al., Respondents, v. Marlene Fearing, et al., Appellants, Theodore Perlinger, et al., Defendants. No. A04-1191.Minnesota Court of Appeals. Filed March 15, 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, […]
STATE v. BEAULIEU, A03-669 (Minn.App. 7-6-2004)
State of Minnesota, Respondent, v. Wallace J. Beaulieu, Appellant. No. A03-669.Minnesota Court of Appeals. Filed July 6, 2004. [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 […]
MATSCHI v. BLUECROSS, C3-01-606 (Minn.App. 10-23-2001)
Colleen Matschi, Relator, v. BlueCross BlueShield of Minnesota, Commissioner of Economic Security, Respondent. No. C3-01-606.Minnesota Court of Appeals. Filed October 23, 2001. [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 (2000). […]
STATE v. OMODT, 198 Minn. 165 (1936)
269 N.W. 360 STATE v. A. P. OMODT.[1] No. 30,939.Supreme Court of Minnesota. October 23, 1936. [1] Reported in 269 N.W. 360. Indictment and information — sufficiency as to elements of offense — language of statute. 1. An indictment or information is sufficient if it sets forth in the language of the statute the elements […]
WOLD v. GRANITE CITY ROOFING INC., A09-612 (Minn.App. 1-19-2010)
Randall Wold, Relator, v. Granite City Roofing Inc., Respondent; Department of Employment and Economic Development, Respondent. No. A09-612.Minnesota Court of Appeals. January 19, 2010. Page 1 Appeal from the Department of Employment and Economic Development. EDWARD TOUSSAINT, Jr., Chief Judge Reversed. Page 1
BANNITZ v. HARDWARE MUTUAL CASUALTY CO., 219 Minn. 235 (1945)
17 N.W.2d 372 WILLIAM J. BANNITZ v. HARDWARE MUTUAL CASUALTY COMPANY OF STEVENS POINT, WISCONSIN.[1] No. 33,911.Supreme Court of Minnesota. January 26, 1945. [1] Reported in 17 N.W.2d 372. Limitation of action — commencement of limitation period — claim payable on demand — time of making demand. 1. Where it appears from a contract that […]
STATE EX REL. NELSON v. WHALEY, 246 Minn. 535 (1956)
75 N.W.2d 786 STATE EX REL. CLARYCE ELAINE NELSON, AS MOTHER AND NATURAL GUARDIAN OF PHILIP JOHN NELSON, A MINOR, v. BYRON C. WHALEY AND ANOTHER.[1] No. 36,690.Supreme Court of Minnesota. March 16, 1956. [1] Reported in 75 N.W.2d 786. Parent and child — custody — welfare of child. 1. In issue involving custodial rights […]
WYTTENHOVE v. FAIRVIEW HOSP. HEALTHCARE, C3-97-51 (Minn.App. 9-23-1997)
JAY WYTTENHOVE, ET AL., ON BEHALF OF THEMSELVES AND ALL OTHERS SIMILARLY SITUATED, Appellants, v. FAIRVIEW HOSPITAL AND HEALTHCARE SERVICES, Respondent. No. C3-97-51.Minnesota Court of Appeals. Filed September 23, 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 […]
STATE v. FOSTER, A06-818 (Minn.App. 10-16-2007)
State of Minnesota, Respondent, v. Dorutha Nichallos Foster, Jr. a/k/a Dorutha Richardson, Appellant. No. A06-818.Minnesota Court of Appeals. Filed October 16, 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). […]
IN RE SCHMIDT EX REL. P.M.S., 795 N.W.2d 625 (Minn.App. 2011)
In the Matter of Michael S. SCHMIDT, on behalf of P.M.S., petitioner, Respondent, v. Robert H. COONS, Appellant. No. A10-1425.Minnesota Court of Appeals. March 22, 2011. Appeal from the District Court, Crow Wing County, Eric J. Askegaard, J. Page 626 Syllabus by the Court When there is evidence of domestic abuse within a family or […]
FAULKENBURG v. WINDORF, 194 Minn. 154 (1935)
259 N.W. 802 THERESA FAULKENBURG AND ANOTHER v. KATHIE WINDORF.[1] No. 30,221.Supreme Court of Minnesota. March 29, 1935. [1] Reported in 259 N.W. 802. Life estate — encumbrances — mortgage. 1. As to remaindermen, a life tenant’s only duty in respect to a prior mortgage lien upon the whole estate is to keep down the […]
STATE v. ANDERSON, A07-292 (Minn. 9-23-2008)
State v. Steven Harold Anderson. No. A07-292.Supreme Court of Minnesota. Filed: September 23, 2008. ORDERS ON PETITIONS FOR FURTHER REVIEW Denied Page 1
STATE v. JANISCH, C4-00-1835 (Minn.App. 5-15-2001)
State of Minnesota, Respondent, v. David Howard Janisch, Appellant. No. C4-00-1835.Minnesota Court of Appeals. Filed May 15, 2001. [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 (2000). Appeal from the District […]
STATE v. DARA, A05-506 (Minn.App. 3-21-2006)
State of Minnesota, Respondent, v. Khat Dara, Appellant. No. A05-506.Minnesota Court of Appeals. Filed March 21, 2006. [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 District Court, […]
IN RE DISCIPLINARY ACTION AGAINST BROOKS, 494 N.W.2d 876 (Minn. 1993)
In re the Petition for DISCIPLINARY ACTION AGAINST Jane E. BROOKS, an Attorney at Law of the State of Minnesota. No. C4-92-2422.Supreme Court of Minnesota. January 15, 1993. ORDER The Director of the Office of Lawyers Professional Responsibility filed a petition with this Court alleging that the respondent Jane E. Brooks had committed professional misconduct […]
STATE v. McDONALD, 298 Minn. 449 (1974)
215 N.W.2d 607 STATE v. ROBERT LEE McDONALD. No. 43919.Supreme Court of Minnesota. March 8, 1974. Criminal law — claimed double jeopardy — trial following declaration of mistrial. A defendant is not placed in double jeopardy when he is retried after the declaration of a mistrial on the motion of the prosecutor, to which defendant […]
CRIANZA v. ROYALE CROWN CONSTRUCTION, A09-822 (Minn.App. 4-6-2010)
Anthony Crianza, Appellant, v. Royale Crown Construction, Inc., Respondent. No. A09-822.Minnesota Court of Appeals. Filed April 6, 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 […]
YENNIE v. DICKEY CONSUMER PRODUCTS, INC., C1-00-89 (Minn.App. 8-1-2000)
Christie Yennie, as Trustee for the Next of Kin of David Yennie, Deceased, Appellant, vs. Dickey Consumer Products, Inc., Respondent, PDK Labs, Inc., et al., Defendants. No. C1-00-89.Minnesota Court of Appeals. Filed August 1, 2000. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not […]
O’MARA v. STATE OF MINN./U. OF M., 501 N.W.2d 603 (Minn. 1993)
Annette L. O’MARA, Relator, v. STATE OF MINNESOTA/UNIVERSITY OF MINNESOTA, Self-Insured, Respondent. No. C3-92-1276.Supreme Court of Minnesota. June 4, 1993. Rehearing Denied July 15, 1993. Patrick J. Kelly, Bannigan Kelly, P.A., St. Paul, for relator. Lee J. Keller, Arthur, Chapman, McDonough, Kettering Smetak, P.A., Minneapolis, for respondent. Heard, considered, and decided by the court en […]
DAWSON v. EAYRS, 297 Minn. 514 (1973)
210 N.W.2d 311 THEODORE F. DAWSON v. STANLEY EAYRS, d.b.a. STAN’S DINER, AND ANOTHER. No. 43899.Supreme Court of Minnesota. August 31, 1973. Workmen’s compensation — review — compensation award — casual employment — amount of award. Certiorari upon the relation of Stanley Eayrs, d.b.a. Stan’s Diner, employer, and Tri-State Insurance Company, his insurer, to review […]
STATE v. STEELE, A07-0717 (Minn.App. 6-10-2008)
State of Minnesota, Respondent, v. Scott Michael Steele, Appellant. No. A07-0717.Minnesota Court of Appeals. Filed June 10, 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 […]
THORNE v. HENNEPIN COUNTY, C8-97-532 (Minn.App. 11-18-1997)
RAMONA THORNE, A MINOR, BY JANICE WATSON, HER MOTHER AND NATURAL GUARDIAN, Appellant, v. HENNEPIN COUNTY, ET AL., Respondents, ALONZO WILLIAMS, ET AL., Respondents. No. C8-97-532.Minnesota Court of Appeals. Filed November 18, 1997. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited […]
LYSDALE FAMILY TRUST v. CITY OF, ST. PAUL, C7-96-608 (Minn.App. 9-24-1996)
Lysdale Family Trust, by Gary R. Lysdale, Trustee, Appellants, v. City of South St. Paul, Respondent. No. C7-96-608.Minnesota Court of Appeals. Filed September 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. § subd. […]
STATE v. SIMONSON, CX-97-1536 (Minn.App. 4-14-1998)
State of Minnesota, Respondent, v. Gerald Brent Simonson, Appellant. No. CX-97-1536.Minnesota Court of Appeals. Filed April 14, 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 […]
McNABB v. CUB FOODS, 352 N.W.2d 378 (Minn. 1984)
Karen M. McNABB, Relator, v. CUB FOODS, Respondent. No. CX-83-957.Supreme Court of Minnesota. June 29, 1984. Page 379 Syllabus by the Court 1. The employer knew or should have known its employee was being sexually harassed. The employee quit with good cause attributable to the employer and is entitled to unemployment compensation benefits. 2. The […]
STATE v. BAKKEN, C9-95-2589 (Minn.App. 9-24-1996)
STATE OF MINNESOTA, Respondent, v. STEPHEN CLIFFORD BAKKEN, Appellant. No. C9-95-2589.Minnesota Court of Appeals. Filed September 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 (1994). Appeal from the District […]
STATE v. YORK, C0-01-1079 (Minn.App. 5-14-2002)
State of Minnesota, Respondent, vs. Walter Randall York, Appellant. No. C0-01-1079.Minnesota Court of Appeals. Filed May 14, 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. 3 (2000). Appeal from the District […]
JENSEN v. PETERSON, 264 N.W.2d 139 (Minn. 1978)
Roy J. JENSEN, et al., Respondents, v. Donald E. PETERSON, et al., Appellants. No. 47295.Supreme Court of Minnesota. February 10, 1978. Appeal from the District Court, Steele County, Jack F. C. Gillard, J. Page 140 Syllabus by the Court 1. The proper measure of damages in a suit brought by a seller involving breach of […]
STATE v. GLAZE, A09-37 (Minn.App. 1-19-2010)
State of Minnesota, Respondent, v. Demetra Lavette Glaze, Appellant. No. A09-37.Minnesota Court of Appeals. Filed January 19, 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 […]
TUOMINEN v. WALDHOLM, 301 Minn. 492 (1974)
221 N.W.2d 709 GARY TUOMINEN, A MINOR, BY EINO L. TUOMINEN, HIS FATHER AND NATURAL GUARDIAN, AND ANOTHER, v. GERALD WALDHOLM AND ANOTHER. No. 44455.Supreme Court of Minnesota. August 23, 1974. Damages — not inadequate. Action in the St. Louis County District Court brought on behalf of Gary Tuominen, a minor, by Eino L. Tuominen, […]
STATE v. FEDOR, 628 N.W.2d 164 (Minn.App. 2001)
State of Minnesota, Respondent, vs. David Fedor, Appellant. No. C2-00-1445Minnesota Court of Appeals. Filed May 15, 2001. Anoka County District Court, File No. K5983734 Page 165 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 166 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES […]
HOFFMAN v. NORTHERN STATES POWER CO., 764 N.W.2d 34 (Minn. 2009)
Irene HOFFMAN, et al., Appellants, v. NORTHERN STATES POWER COMPANY, d/b/a Xcel Energy, Respondent. No. A06-2275.Supreme Court of Minnesota. April 16, 2009. Appeal from the Hennepin County District Court. Page 35 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 36 [EDITORS’ NOTE: […]
IN RE MATTER OF HILDEBRANDT, 701 N.W.2d 293 (Minn.App. 2005)
In the Matter of the Application of Carol HILDEBRANDT for Duty-Related Correctional Plan Disability Benefits. No. A04-2127.Minnesota Court of Appeals. August 9, 2005. Page 294 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 295 SYLLABUS A local government correctional facility employee is […]
IN RE MARRIAGE OF McMAHON v. McMAHON, A04-1421 (Minn.App. 4-19-2005)
In re the Marriage of: Harvey Everett McMahon, III, petitioner, Appellant, v. Hillary Anne McMahon (nee Horner), Respondent. No. A04-1421.Minnesota Court of Appeals. Filed April 19, 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. […]
MATTER OF IMPLEMENTATION OF ENERGY CONS., 368 N.W.2d 308 (Minn.App. 1985)
In the Matter of the IMPLEMENTATION OF UTILITY ENERGY CONSERVATION IMPROVEMENT PROGRAMS and the Establishment of a Utility Renewable Resources Pilot Program. No. C7-84-2241.Minnesota Court of Appeals. May 28, 1985. Appeal from the Public Utilities Commission. Page 309 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY […]
WILLIAMS v. TOWNSHIP OF LYND, 312 N.W.2d 110 (Minn. 1981)
John Arthur WILLIAMS, Jr., et al., Appellants, v. TOWNSHIP OF LYND, defendant and third party plaintiff, Respondent, Louis E. Taveirne, third party defendant, Respondent. No. 81-463.Supreme Court of Minnesota. November 13, 1981. Appeal from the District Court, Lyon County, Walter H. Mann, J. Page 111 Syllabus by the Court 1. A vendee under a contract […]
JAQUES v. MISSABE ELECTRIC CO., 172 Minn. 303 (1927)
215 N.W. 185 RANDAL JAQUES v. MISSABE ELECTRIC COMPANY AND OTHERS.[1] No. 26,302.Supreme Court of Minnesota. July 22, 1927. [1] Reported in 215 N.W. 185. Statute authorizing issue of nonpar stock does not violate constitutional provision for double liability of stockholders. 1. L. 1925, c. 333, authorizing corporations to issue nonpar stock, does not contravene […]
ALL PARKS v. UNIPROP, 732 N.W.2d 189 (Minn. 2007)
ALL PARKS ALLIANCE FOR CHANGE, Appellant, v. UNIPROP MANUFACTURED HOUSING COMMUNITIES INCOME FUND, d/b/a Ardmor Village, Respondent. No. A05-912.Supreme Court of Minnesota. May 24, 2007. Rehearing Denied August 2, 2007. Appeal from the District Court, Dakota County, Robert R. King, J. Page 190 SYLLABUS The limits established by the district court for noncommercial speech and […]
PETERSON v. LENZ, A04-374 (Minn.App. 12-7-2004)
Brian J. Peterson, d/b/a Brian J. Peterson, P.A., Appellant, v. Colleen Lenz, Respondent. No. A04-374.Minnesota Court of Appeals. Filed December 7, 2004. [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). […]
WALKER MANAGEMENT v. FHC ENTERPRISES, 446 N.W.2d 913 (Minn.App. 1989)
WALKER MANAGEMENT, INC., Respondent, v. FHC ENTERPRISES, INC., Appellant. No. C0-89-995.Minnesota Court of Appeals. October 24, 1989. Review Denied December 15, 1989. Appeal from the District Court, Hennepin County, William S. Posten, J. Syllabus by the Court Personal jurisdiction is not proper in Minnesota when the foreign corporation does not initiate the business relationship and […]
IN MATTER OF BECKER, C3-96-766 (Minn.App. 8-19-1997)
IN THE MATTER OF: DWAYNE W. BECKER. No. C3-96-766.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, Mille […]
STATE v. MARTIN, A05-2455 (Minn.App. 4-3-2007)
State of Minnesota, Respondent, v. Anthony J. Martin, Appellant. No. A05-2455.Minnesota Court of Appeals. Filed April 3, 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 District […]
STATE v. McCOY, A09-696 (Minn. 7-20-2010)
State v. Arthur James McCoy, III. No. A09-696.Supreme Court of Minnesota. Filed July 20, 2010. ORDERS ON PETITIONS FOR FURTHER REVIEW Denied Page 1
ROSSO v. CITY OF MINNEAPOLIS, 295 Minn. 556 (1973)
204 N.W.2d 214 ELIZABETH B. ROSSO, WIDOW OF RAYMOND G. ROSSO, v. CITY OF MINNEAPOLIS. No. 43521.Supreme Court of Minnesota. February 9, 1973. Workmen’s compensation — heart attack — causal relationship with employment — conflict in expert testimony. Certiorari upon the relation of the city of Minneapolis, employer, to review a decision of the Workmen’s […]
SEELEY v. SOBCZAK, 281 N.W.2d 368 (Minn. 1979)
Rai-Anne May SEELEY et al., by Theresa Seeley, their mother and natural guardian, and Theresa Seeley, Individually, Appellants, v. Anna I. SOBCZAK and Elwood B. Lee, d.b.a. Eagle Tavern, et al., Respondents. No. 48937.Supreme Court of Minnesota. June 15, 1979. Appeal from the District Court, St. Louis County, Donald C. Odden, J. Page 369 Syllabus […]
CARROLL v. ST., MN, DEPT., SOC. SEC., 242 Minn. 70 (1954)
64 N.W.2d 166 HILDA CARROLL v. STATE OF MINNESOTA, DEPARTMENT OF SOCIAL SECURITY, DIVISION OF PUBLIC INSTITUTIONS, FERGUS FALLS STATE HOSPITAL.[1] No. 36,246.Supreme Court of Minnesota. April 15, 1954. [1] Reported in 64 N.W.2d 166. Workmen’s compensation — benefits for public employees contracting tuberculosis — contraction outside of tuberculosis sanatorium. 1. The application of L. […]
GARBUSH v. UNITED COMMERCIAL TRAVELERS OF AMERICA, 174 Minn. 610 (1928)
219 N.W. 557 MINNIE GARBUSH v. ORDER OF UNITED COMMERCIAL TRAVELERS OF AMERICA.[1] Nos. 26,332, 26,802.Supreme Court of Minnesota. May 25, 1928. [1] Reported in 219 N.W. 557. Proof of suicide in case of accident. Decision on former appeal governs appeal from judgment thereon. [Reporter] Defendant appealed from a judgment of the district court for […]
STATE v. MERKT, C8-97-1664 (Minn.App. 4-28-1998)
State of Minnesota, Respondent, v. Brian Patrick Merkt, Appellant. No. C8-97-1664.Minnesota Court of Appeals. Filed April 28, 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 […]
CITY OF MINNEAPOLIS v. PRICE, 280 Minn. 429 (1968)
159 N.W.2d 776 CITY OF MINNEAPOLIS v. JACQUELINE PRICE. No. 40,925.Supreme Court of Minnesota. June 14, 1968. Criminal law — conviction of loitering for purposes of prostitution — sufficiency of evidence. 1. The jury verdict finding defendant guilty of loitering with intent to solicit for purposes of prostitution, which would be upset only if contrary […]
OMAHA FINANCIAL LIFE v. CONTINENTAL LIFE, 427 N.W.2d 290 (Minn.App. 1988)
OMAHA FINANCIAL LIFE INSURANCE COMPANY and Mutual of Omaha Insurance Company, Petitioners, v. CONTINENTAL LIFE UNDERWRITERS, INSURANCE COMPANY, LTD., Respondent. Nos. C8-88-1415, C3-88-1418.Minnesota Court of Appeals. August 16, 1988. Review Denied October 26, 1988. Syllabus by the Court Trial judge erred in refusing to honor timely notice to remove, merely because judge presided over previous […]
IN RE MULLINS v. MULLINS, C1-02-257 (Minn.App. 7-2-2002)
In re: Michael William Mullins, petitioner, Appellant, v. Debra Lynn Mullins, Respondent. No. C1-02-257.Minnesota Court of Appeals. Filed July 2, 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. 3 (2000). Appeal […]
STATE v. HARVEY, 277 N.W.2d 344 (Minn. 1979)
STATE of Minnesota, Respondent, v. Michael Douglas HARVEY, Appellant. No. 48773.Supreme Court of Minnesota. January 26, 1979. Appeal from the District Court, Hennepin County, Richard J. Kantorowicz, J. Syllabus of the Court 1. In a murder case, once the defendant has raised the issue of justification, the burden is on the state to prove beyond […]
STATE v. MADLINE, CX-95-1998 (Minn.App. 6-11-1996)
STATE OF MINNESOTA, Respondent, v. GEORGE EUGENE MADLINE, Appellant. No. CX-95-1998.Minnesota Court of Appeals. Filed June 11, 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 […]
LEVIN v. C.O.M.B. CO., 469 N.W.2d 512 (Minn.App. 1991)
Don LEVIN, Appellant, v. C.O.M.B. CO., Respondent. Don LEVIN, Appellant, v. CVN COMPANIES, INC., Respondent. No. C5-90-2232.Minnesota Court of Appeals. May 7, 1991. Review Denied July 24, 1991. Appeal from the District Court, Hennepin County. Page 513 Syllabus by the Court Privileged statements between an attorney and a client do not fall within the crime-fraud […]
BENASUTTI v. COAST-TO-COAST, 392 N.W.2d 695 (Minn.App. 1986)
Roger BENASUTTI, et al., Respondents, v. COAST-TO-COAST (CENTRAL ORGANIZATION), INC., et al., Appellants. No. C2-86-711.Minnesota Court of Appeals. September 2, 1986. Appeal from the District Court, Pine County, James R. Clifford, J. Page 696 Syllabus by the Court A lease is terminated where the lessee voluntarily surrenders the leased premises and the lessor indicates acceptance […]
WRIGHT v. COOPERATING COMMUNITY PROGRAMS, A11-750 (Minn.App. 11-21-2011)
Sheila Wright, Relator, v. Cooperating Community Programs, Inc., Respondent; Department of Employment and Economic Development, Respondent. No. A11-750.Minnesota Court of Appeals. Filed: November 21, 2011. Appeal from the Department of Employment and Economic Development. RECENT ORDER OPINION MATTHEW E. JOHNSON, Chief Judge Reversed. Page 1
GUTWEIN v. EDWARDS, 419 N.W.2d 809 (Minn.App. 1988)
Sharon GUTWEIN, individually and as parent and guardian of Rhonda Gutwein, Appellant, v. Jack A. EDWARDS and Villa Foods, Inc., d/b/a Edwardo’s, Respondents. No. C4-87-1983.Minnesota Court of Appeals. March 1, 1988. Appeal from the District Court, Olmsted County, Gerard Ring, J. Page 810 Syllabus by the Court The circumstantial evidence raises genuine issues of material […]
IN RE MARRIAGE OF OLUPO v. OLUPO, C0-98-2348 (Minn. 9-14-1999)
In Re the Marriage of: Jefta Olupo v. Olufunmilayo Adetoun Denise Olupo. No. C0-98-2348.Supreme Court of Minnesota. Decided September 14, 1999. Denied.
POYNTER v. ALBRECHT, 266 Minn. 245 (1963)
123 N.W.2d 355 FRIEDA POYNTER v. FRED ALBRECHT. No. 38,830.Supreme Court of Minnesota. August 9, 1963. Breach of promise — review — sufficiency of evidence. 1. In an action for breach of promise to marry, held the evidence is sufficient to sustain a verdict for plaintiff, and it was error to grant defendant’s motion for […]
HIPPLER v. STATE, A07-2020 (Minn. 12-16-2008)
Paul Martin Hippler v. State. No. A07-2020.Supreme Court of Minnesota. Filed: December 16, 2008. ORDERS ON PETITIONS FOR FURTHER REVIEW Denied Page 1
STATE v. REWITZER, C4-99-807 (Minn.App. 12-21-1999)
State of Minnesota, Respondent, v. Ryan James Rewitzer, Appellant. No. C4-99-807.Minnesota Court of Appeals. Filed December 21, 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 […]
IN RE DAHL v. DAHL, A04-846 (Minn.App. 2-1-2005)
In re Terese Rose Dahl, petitioner, Respondent, v. John Edward Dahl, Appellant. No. A04-846.Minnesota Court of Appeals. Filed February 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. 3 (2004). Appeal […]
STATE v. NELSON, C0-96-692 (Minn.App. 12-10-1996)
State of Minnesota, Respondent, v. Tammie Nelson, Appellant. No. C0-96-692.Minnesota Court of Appeals. Filed December 10, 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 Court, […]
SAHOLT v. CITY OF ROCHESTER, 185 Minn. 510 (1932)
242 N.W. 4 H. H. SAHOLT v. CITY OF ROCHESTER.[1] No. 28,755.Supreme Court of Minnesota. March 18, 1932. [1] Reported in 242 N.W. 4. Municipal corporation — removal of policemen. L. 1929, c. 299, Mason, 1931 Supp. §§ 1933-48 to 1933-63, held to give police civil service commission power of summary removal of police officers […]
STATE v. HOKENSON, 211 Minn. 70 (1941)
300 N.W. 193 STATE v. A. L. HOKENSON.[1] No. 32,072.Supreme Court of Minnesota. October 10, 1941. [1] Reported in 300 N.W. 193. Embezzlement — mental act of fraudulent appropriation — inference from conduct of accused. 1. When the original possession of property is lawful, the mental act of fraudulent appropriation has to be inferred from […]
MONTCALM v. GREAT NORTHERN RY. CO., 167 Minn. 135 (1926)
208 N.W. 539 DAVID MONTCALM v. GREAT NORTHERN RAILWAY COMPANY AND OTHERS.[1] No. 25,233.Supreme Court of Minnesota. April 16, 1926. [1] Reported in 208 N.W. 539. Decedent not guilty of contributory negligence, as matter of law. The presumption of due care on the part of one run down and killed by box-cars being pushed across […]
QUINN v. UNITED STATES F. G. CO., 163 Minn. 320 (1925)
204 N.W. 156 FRED A. QUINN AND ANOTHER v. UNITED STATES FIDELITY GUARANTY COMPANY. FREDERICK A. QUINN AND ANOTHER v. GAYLORD WARNER AND OTHERS.[1] Nos. 24,640, 24,641.Supreme Court of Minnesota. May 22, 1925. [1] Reported in 204 N.W. 156. Verdict and finding of duress sustained. 1. The evidence supports the verdict and the finding of […]
STATE v. STEVENS, 459 N.W.2d 513 (Minn.App. 1990)
STATE of Minnesota, Appellant, v. Lonnie Dale STEVENS, Respondent. No. C5-90-996.Minnesota Court of Appeals. August 21, 1990. Appeal from the District Court, Beltrami County, James E. Preece, J. Syllabus by the Court Minn.Stat. § 541.21, which makes checks written for gambling debts void, renders it legally impossible for a purchaser of pull tabs to defraud […]
MURRAY v. WILSON, 227 Minn. 365 (1949)
35 N.W.2d 521 ANN MURRAY v. LESTER J. WILSON.[1] No. 34,730.Supreme Court of Minnesota. January 7, 1949. [1] Reported in 35 N.W.2d 521. Automobile — injury to pedestrian crossing intersection at crosswalk — instructions as to vehicles overtaking and passing other vehicles. 1-2. Where plaintiff had been discharged from bus at intersection and while walking […]
WHITTEN v. STATE, 690 N.W.2d 561 (Minn.App. 2005)
Harold Christopher WHITTEN, petitioner, Appellant, v. STATE of Minnesota, Respondent. No. A04-793.Minnesota Court of Appeals. January 11, 2005. Appeal from the District Court, Hennepin County, Ann Leslie Alton, J. Page 562 SYLLABUS The government may not inform citizens convicted of a crime that all their civil rights have been restored and then prosecute them for […]
STATE v. LANE, A05-2553 (Minn. 12-12-2006)
State v. Dennis John Lane. No. A05-2553Supreme Court of Minnesota. Filed December 12, 2006. ORDERS ON PETITIONS FOR FURTHER REVIEW Vacate Stay/Deny.
JIHAD v. STATE, 594 N.W.2d 522 (Minn. 1999)
Hanifi Marlow Jihad, f/k/a Devette Jones, petitioner, Appellant, v. State of Minnesota, Respondent. No. CX-98-929.Supreme Court of Minnesota. Filed: May 6, 1999. Appeal from Office of Appellate Courts. Page 523 SYLLABUS Postconviction relief will not be granted where the record demonstrates that claimed errors were either raised on direct appeal or known at the time […]
SHAD v. METRO. COUNCIL HOUSING, A07-0610 (Minn.App. 4-8-2008)
Riaz Shad, Relator, v. Metropolitan Council Housing and Redevelopment Authority, Respondent. No. A07-0610.Minnesota Court of Appeals. Filed April 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). Metropolitan Council […]
JOHNSON v. FABIAN, A05-2498 (Minn. 5-24-2006)
Frank Edward Johnson v. Joan Fabian, Commissioner of Corrections, et al. No. A05-2498.Supreme Court of Minnesota. Filed May 24, 2006. Order on petition for further review Granted.
NEIGHBORHOOD PRESERV. ASS’N v. DETROIT LAKES, 354 N.W.2d 74 (Minn.App. 1984)
NEIGHBORHOOD PRESERVATION ASSOCIATION OF DETROIT LAKES, Appellant, v. CITY OF DETROIT LAKES, Respondent. No. C1-84-1151.Minnesota Court of Appeals. September 4, 1984. Appeal from the District Court, Becker County, Gaylord Saetre, J. Page 75 Syllabus by the Court 1. The City of Detroit Lakes is not required to compensate owners of property abutting a platted street […]