9 N.W.2d 508 FRANK CERMAK v. JOHN SEVCIK.[1] No. 33,460.Supreme Court of Minnesota. May 7, 1943. [1] Reported in 9 N.W.2d 508. Food — liability for sale of impure food. 1. In an action to recover damages for injuries to plaintiff caused from eating impure food products purchased at defendant’s bakery, held there was evidence […]
Category: Minnesota Court Opinions
VAN ASPEREN v. DARLING OLDS, INC., 254 Minn. 62 (1958)
93 N.W.2d 690 NICK VAN ASPEREN v. DARLING OLDS, INC., AND ANOTHER. No. 37,525.Supreme Court of Minnesota. December 12, 1958. Sales — installment sales — determination of price — distinction between cash and credit price. 1. The owner has the right to determine the price at which he will sell his property. He may fix […]
STATE v. HYSELL, 449 N.W.2d 741 (Minn.App. 1990)
STATE of Minnesota, Respondent, v. Gerald Lee HYSELL, Appellant. No. C8-89-470.Minnesota Court of Appeals. January 2, 1990. Appeal from the District Court, Blue Earth County, James D. Mason, J. Page 742 Syllabus by the Court 1. The evidence was sufficient to sustain appellant’s conviction for assault with a dangerous weapon where appellant shot a child […]
JOHNSON v. NORTHERN OIL CO., 212 Minn. 249 (1942)
4 N.W.2d 82 ANTON T. JOHNSON v. NORTHERN OIL COMPANY.[1] No. 32,924.Supreme Court of Minnesota. April 10, 1942. [1] Reported in 4 N.W.2d 82. Contract — modification — necessity of consideration. In order to render it enforceable, an agreement for the modification of a bilateral, executory contract must be for a valuable consideration. Action in […]
CITY OF MINNEAPOLIS v. VILLAGE OF BROOKLYN CENTER, 223 Minn. 498 (1947)
27 N.W.2d 563 CITY OF MINNEAPOLIS v. VILLAGE OF BROOKLYN CENTER.[1] No. 34,320.Supreme Court of Minnesota. May 2, 1947. [1] Reported in 27 N.W.2d 563. Statute — construction — lack of ambiguity in language. 1. Since statutory interpretation lies wholly within the domain of ambiguity, there is no room for construction where language is plain […]
STATE v. WILLIAMS, C5-99-539 (Minn.App. 1-18-2000)
State of Minnesota, Respondent, v. Robert D. Williams, Jr., Appellant. No. C5-99-539.Minnesota Court of Appeals. Filed January 18, 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 [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn.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 […]
METRO. SPORTS FAC. COM’N v. GENERAL MILLS, 470 N.W.2d 118 (Minn. 1991)
METROPOLITAN SPORTS FACILITIES COMMISSION, Respondent, v. GENERAL MILLS, INC., Appellant. No. C1-90-123.Supreme Court of Minnesota. May 31, 1991. Appeal from the District Court, Hennepin County, Deborah Hedlund, J. Page 119 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 120 Syllabus by the […]
WRIGHT v. MOHS, 364 N.W.2d 848 (Minn.App. 1985)
Lili WRIGHT, Respondent, v. Daniel M. MOHS, Appellant. No. C8-84-1762.Minnesota Court of Appeals. March 26, 1985. Appeal from the District Court, Hennepin County, Chester Durda, J. Page 849 Syllabus by the Court The trial court erred in giving a foreign judgment full faith and credit where the foreign court did not have personal jurisdiction over […]
STATE v. NUTT, 381 N.W.2d 480 (Minn.App. 1986)
STATE of Minnesota, Appellant, v. Patrick Wayne NUTT, Respondent. No. C3-85-2070.Minnesota Court of Appeals. February 11, 1986. Review Denied March 27, 1986. Appeal from the District Court, Olmsted County, Roger Plunkett, J. Page 481 Syllabus by the Court 1. The trial court abused its discretion in suppressing the admission of Spreigl evidence regarding a similar […]
KOLDEN v. FOSSTON HIGH SCHOOL, C7-97-1333 (Minn.App. 3-17-1998)
Debra A. Kolden, Relator, v. Fosston High School, Respondent, Commissioner of Economic Security, Respondent. No. C7-97-1333.Minnesota Court of Appeals. Filed March 17, 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 […]
STATE v. IBBERSON, A06-1639 (Minn. 3-18-2008)
State v. Douglas G. Ibberson. No. A06-1639.Supreme Court of Minnesota. Filed: March 18, 2008. ORDERS ON PETITIONS FOR FURTHER REVIEW Granted/Stayed. Page 1
WHIRLEY v. BEAUDET, C2-97-1997 (Minn.App. 5-19-1998)
BRADLEY WHIRLEY, AS CONSERVATOR FOR MARY LOU WHIRLEY, Respondent, v. DAVID R. BEAUDET, ET AL., Appellants, NATIONS BANK MORTGAGE, ET AL., Defendants. No. C2-97-1997.Minnesota Court of Appeals. Filed May 19, 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 […]
GRAMLING v. MEM. BLOOD CENTERS, 601 N.W.2d 457 (Minn.App. 1999)
Misty Jo Gramling, Appellant, vs. Memorial Blood Centers of Minnesota, f/k/a The Minneapolis War Memorial Blood Bank, Inc., et al., Respondents. No. C2-99-322.Minnesota Court of Appeals. Filed October 22, 1999. Review Denied December 21, 1999. St. Louis County, District Court, C3-98-600734. Page 458 SYLLABUS The assignment of rights to a county by a public assistance […]
STATE v. BEARDEMPHL, A07-1398 (Minn.App. 10-28-2008)
State of Minnesota, Respondent, v. Joshua L. Beardemphl, Appellant. No. A07-1398.Minnesota Court of Appeals. Filed October 28, 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 […]
HOFFMANN v. WILTSCHECK, 411 N.W.2d 923 (Minn.App. 1987)
Ronald HOFFMANN, Appellant, v. Gene WILTSCHECK, et al., Courtland Truck Center, et al., Respondents. No. C5-87-521.Minnesota Court of Appeals. September 15, 1987. Review Denied November 13, 1987. Appeal from the District Court, Brown County, Harvey A. Holtan, J. Syllabus by the Court Following settlement and release of an injured party’s claim against an active tortfeasor, […]
STATE v. MICIUS, A09-865 (Minn.App. 6-29-2010)
State of Minnesota, Respondent, v. Jimmy Joseph Micius, Appellant. No. A09-865.Minnesota Court of Appeals. Filed June 29, 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 […]
STATE v. AILPORT, 412 N.W.2d 35 (Minn.App. 1987)
STATE of Minnesota, Respondent, v. Timothy Gene AILPORT, Appellant. No. C2-86-2202.Minnesota Court of Appeals. September 15, 1987. Review Denied November 18, 1987. Appeal from the District Court, Ramsey County, Harold W. Schultz, J. Page 36 Syllabus by the Court 1. The search warrant, including provisions for no-knock and nighttime entry, was supported by probable cause. […]
IN MATTER OF WELFARE OF C.A.L., A06-2395 (Minn. 10-24-2007)
In the Matter of the Welfare of: C.A.L. No. A06-2395.Supreme Court of Minnesota. Filed: October 24, 2007. ORDERS ON PETITIONS FOR FURTHER REVIEW Denied Page 1
THE TALUS GROUP v. OSTRANDER, A11-0051 (Minn. 11-15-2011)
The Talus Group, Inc. v. Jared Ostrander, et al. No. A11-0051.Supreme Court of Minnesota. Filed November 15, 2011. ORDER ON PETITION FOR FURTHER REVIEW Denied. Page 1
STATE AND R. R. W. H. COMM. v. R.I. M. T. CO., 209 Minn. 105 (1940)
295 N.W. 519 STATE AND RAILROAD AND WAREHOUSE COMMISSION v. ROCK ISLAND MOTOR TRANSIT COMPANY.[1] Nos. 32,739, 32,740, 32,741, 32,753, 32,790.Supreme Court of Minnesota. December 27, 1940. [1] Reported in 295 N.W. 519. Appeal and error — parties entitled to appeal. 1. On a motion to dismiss certain appeals it is held: (a) That parties […]
IN RE ESTATE OF YDSTIE, 195 Minn. 501 (1935)
263 N.W. 447 IN RE ESTATE OF HJALMAR LENNARD YDSTIE. ALMA OTILDA BURSTAD BOTTOLFSON v. WALDEMAR N. YDSTIE AND ANOTHER.[1] No. 30,594.Supreme Court of Minnesota. November 22, 1935. [1] Reported in 263 N.W. 447. Appeal and error — review — sufficiency of evidence to support verdict — on appeal from judgment. 1. When the trial […]
MATTER OF DISCIPLINE OF FALLON, 389 N.W.2d 509 (Minn. 1986)
In the Matter of the Application for the DISCIPLINE OF Patrick K. FALLON, an Attorney at Law of the State of Minnesota. No. C5-84-2223.Supreme Court of Minnesota. July 11, 1986. Page 510 Patrick K. Fallon, Minneapolis, pro se. William J. Wernz, Director of Lawyers Professional Responsibility Bd., Martin A. Cole, Asst. Director, St. Paul, for […]
SPRADER v. MUELLER, 265 Minn. 111 (1963)
121 N.W.2d 176 FRANCES R. SPRADER, TRUSTEE FOR HEIRS OF ALEXANDER A. SPRADER, AND ANOTHER v. HOWARD C. MUELLER. LENA VOSSEN v. HOWARD C. MUELLER AND OTHERS. JUNE L. BERG, TRUSTEE FOR HEIRS OF RICHARD A. BERG, v. FRANCES R. SPRADER AND OTHERS. HOWARD C. MUELLER v. FRANCES R. SPRADER, SPECIAL ADMINISTRATRIX OF ESTATE OF […]
ANDERSON v. ANDERSON, 450 N.W.2d 384 (Minn.App. 1990)
Ronald Edward ANDERSON, Petitioner, Appellant, v. Karen Ann ANDERSON, Respondent. No. C9-89-1434.Minnesota Court of Appeals. January 23, 1990. Appeal from the District Court, Douglas County, Paul L. Ballard, J. Page 385 Syllabus by the Court 1. The trial court did not abuse its discretion by denying a motion to decrease the child support obligation. 2. […]
IN RE DICKSON, 547 N.W.2d 894 (Minn. 1996)
In re Petition for Reinstatement to the Practice of Law of Edward B. DICKSON. No. CX-93-653.Supreme Court of Minnesota. June 6, 1996. ORDER WHEREAS, the petitioner Edward B. Dickson and the Director of the Office of Lawyers Professional Responsibility have stipulated and agreed that is in the best interest of petitioner to withdraw his petition […]
STOECKEL v. CERIDIAN EMPLOYER SERVICES, C1-98-947 (Minn.App. 11-24-1998)
JOEL L. STOECKEL, Appellant, v. CERIDIAN EMPLOYER SERVICES, n/k/a CERIDIAN PEOPLE PARTNERS, ET AL., Respondents. No. C1-98-947.Minnesota Court of Appeals. Filed November 24, 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. […]
IN RE WELFARE OF M.J.L., 407 N.W.2d 714 (Minn.App. 1987)
In re WELFARE OF M.J.L. Nos. C2-87-315, C6-87-382.Minnesota Court of Appeals. June 16, 1987. Appeal from the District Court, Koochiching County, Peter N. Hemstad, J. Syllabus by the Court Clear and convincing evidence supported trial court’s termination of mother’s parental rights under Minn.Stat. § 260.221(b)(5) and (7). John D. Undem, David C. Johnson, Ronald P. […]
IN RE CHAMBERLAIN v. CHAMBERLAIN, 615 N.W.2d 405 (Minn.App. 2000)
In Re the Marriage of: Paul W. Chamberlain, petitioner, Appellant, vs. Mary Lou Chamberlain Respondent. No. C5-99-1934.Minnesota Court of Appeals. Filed August 8, 2000. Appeal from the Hennepin County District Court, File No. DC236826. Page 406 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT […]
RISK v. EASTSIDE BEVERAGE, 664 N.W.2d 16 (Minn.App. 2003)
Thomas P. Risk, Relator, vs. Eastside Beverage, Respondent, Commissioner of Economic Security, Respondent. No. C0-02-1920.Minnesota Court of Appeals. Filed: June 24, 2003. Appeal from the Commissioner of Economic Security. Page 17 SYLLABUS It is employment misconduct under Minn. Stat. § 268.095, subd. 6(a) (2002) for an employee, during working hours, to Page 18 have an […]
McGUIRE v. C L RESTAURANT INC., 346 N.W.2d 605 (Minn. 1984)
John H. McGUIRE, Appellant, v. C L RESTAURANT INC., etc., Respondent, LeAn’s Inc., et al., Respondents. No. C6-83-146.Supreme Court of Minnesota. March 16, 1984. Appeal from the District Court, Dakota County, Robert J. Breunig, J. Page 606 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE […]
IN MATTER OF MOORE, A09-623 (Minn. 11-17-2009)
In the Matter of the Civil Commitment of: Lance Andrew Moore. No. A09-623.Supreme Court of Minnesota. Filed November 17, 2009. ORDERS ON PETITIONS FOR FURTHER REVIEW Denied Page 2
HUGHES v. BECKER, 260 Minn. 83 (1961)
108 N.W.2d 781 HAROLD HUGHES v. ALBERT BECKER AND ANOTHER. WILD RICE MOTOR COMPANY, APPELLANT. No. 38,096.Supreme Court of Minnesota. April 21, 1961. Contracts — construction — conditional sales contract — effect of parties’ language — necessity of obligation to pay price. 1. Where an agreement has all of the attributes of a conditional sales […]
SORRELS v. HOFFMAN, 578 N.W.2d 22 (Minn.App. 1998)
Glen SORRELS, Appellant, v. Donald HOFFMAN, Respondent. No. C7-97-2305.Minnesota Court of Appeals. May 26, 1998. Review Denied June 17, 1998. Syllabus by the Court Under the 1983 amendments to the rules of civil appellate procedure, timely service of the notice of appeal on the trial court administrator is required to vest jurisdiction in the court […]
LOVING ASSOCIATES, v. CAROTHERS, 619 N.W.2d 782 (Minn.App. 2000)
Loving Associates, Inc., Appellant, vs. Gibson Carothers, Respondent. No. No. C6-00-718.Minnesota Court of Appeals. Filed December 5, 2000. Appeal from Hennepin County District Court, Isabel Gomez, J. Page 783 SYLLABUS A merger does not release a guarantor by operation of law from liability under a continuing guaranty for obligations the principal incurs after the merger. […]
BERENS v. HEALTH PARTNERS, INC., C2-00-1655 (Minn.App. 3-27-2001)
Stephen K. Berens, Relator, vs. Health Partners, Inc., Respondent, Commissioner of Economic Security, Respondent. No. C2-00-1655.Minnesota Court of Appeals. Filed March 27, 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 […]
SETTLEMENT CAPITAL v. STATE FARM MUT., 646 N.W.2d 550 (Minn.App. 2002)
Settlement Capital Corporation, Appellant, Jody Lee Lundgren, Appellant, vs. State Farm Mutual Automobile Insurance Company, Respondent-below, Safeco Life Insurance Company, Respondent-below. No. C5-01-2051.Minnesota Court of Appeals. Filed: July 2, 2002. Appeal from the District Court, Ramsey County, A. James Dickinson, J., File No. C0016648. Page 551 SYLLABUS I. To determine whether the transfer of structured-settlement […]
BUILDING INDUSTRIES, INC. v. WRIGHT PRODUCTS, INC., 240 Minn. 473 (1953)
62 N.W.2d 208 BUILDING INDUSTRIES, INC., AND ANOTHER v. WRIGHT PRODUCTS, INC.[1] No. 36,050.Supreme Court of Minnesota. December 18, 1953. [1] Reported in 62 N.W.2d 208. Corporations — dissolution — limitation of activities — necessity of filing notice. 1. The provisions of M.S.A. 300.59, limiting the activities of a corporation after its termination, are not […]
IN MATTER OF THE WELFARE OF D.W., C7-01-1337 (Minn.App. 2-26-2002)
In the Matter of the Welfare of: D.W., T.W., and D.D. No. C7-01-1337.Minnesota Court of Appeals. Filed February 26, 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 […]
HERMEL v. VANDERLINDE, C3-94-2576 (Minn.App. 12-10-1996)
ROBERT L. HERMEL, Respondent, v. MARK VANDERLINDE, d/b/a VANDERLINDE TRUCKING, Appellant, JODY NELSON, Respondent, AND JODY NELSON, Respondent, v. ROBERT HERMEL, Respondent, NEISEN PAVING, Appellant. No. C3-94-2576.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 […]
COTTAGE HOMESTEADS OF AMERICA v. ZIMNIEWICZ, A04-978 (Minn.App. 12-7-2004)
Cottage Homesteads of America, Inc., et al., Appellants, v. Kathleen Zimniewicz, Respondent. No. A04-978.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). Appeal […]
MIDWAY NAT. BANK OF ST. PAUL v. BRESNAHAN, C9-97-1348 (Minn.App. 4-7-1998)
The Midway National Bank of St. Paul, Respondent, v. James R. Bresnahan, Defendant, Cochrane Bresnahan, P.A., Appellant. No. C9-97-1348.Minnesota Court of Appeals. Filed April 7, 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. § […]
STATE v. HAYES, 456 N.W.2d 275 (Minn.App. 1990)
STATE of Minnesota, Respondent, v. Donald Warren HAYES, Appellant. No. C2-89-2246.Minnesota Court of Appeals. May 22, 1990. Review Denied July 13, 1990. Appeal from the District Court, Hennepin County, Kenneth J. Gill, J. Page 276 Syllabus by the Court Presence of severe aggravating circumstances justified durational departure of greater than double the presumptive sentence established […]
ROYAL MIL-BANK INS. CO. v. BUSSE, 474 N.W.2d 441 (Minn.App. 1991)
ROYAL-MILBANK INSURANCE COMPANY, Respondent, v. Gary BUSSE, Trustee for the Heirs of Mary Jean Busse, Appellant. No. C2-91-366.Minnesota Court of Appeals. September 3, 1991. Appeal from the District Court, Scott County, Thomas R. Howe, J. Syllabus by the Court No underinsured motorist benefits are payable when the available liability limits exceed the underinsured claimant’s damages. […]
WEBER v. TUCK, 620 N.W.2d 730 (Minn.App. 2000)
Mark Weber, Appellant, vs. Ralph Tuck, Respondent, Ronald P. Meiners, Respondent. No. C5-00-1097.Minnesota Court of Appeals. Filed December 26, 2000. Houston County District Court, File No. C699226. Page 731 SYLLABUS The requirement of the “simple tool doctrine” that the tool be “initially fit” for the use to which it is to be put applies at […]
NORGREN v. ARAMARK, 759 N.W.2d 892 (Minn. 2009)
Dawn NORGREN, Relator, v. ARAMARK, and Lumbermen’s Mutual/Specialty Risk Services, Inc., Respondents. No. A08-1822.Supreme Court of Minnesota. January 28, 2009. Candice E. Hektner, Peterson Hektner, Ltd., Minneapolis, MN, for relator. Whitney L. Teel, James R. Waldhauser, Cousineau McGuire Chartered, Minneapolis, MN, for respondents. Considered and decided by the court without oral argument. ORDER Based upon […]
IN RE DISCIPLINARY ACTION AGAINST PRIBBLE, 577 N.W.2d 713 (Minn. 1998)
In re Petition for DISCIPLINARY ACTION AGAINST William C. PRIBBLE, Jr., an Attorney at Law of the State of Minnesota. No. C4-94-2134.Supreme Court of Minnesota. April 17, 1998. ORDER WHEREAS, the Director of the Office of Lawyers Professional Responsibility has filed a petition for disciplinary action alleging that respondent William C. Pribble, Jr., has committed […]
MELROSE v. QUICKSILVER EXPRESS COURIER, INC., A04-384 (Minn.App. 9-21-2004)
J. Peter Melrose, Relator, v. Quicksilver Express Courier, Inc., Respondent, Commissioner of Employment and Economic Development, Respondent. No. A04-384.Minnesota Court of Appeals. Filed September 21, 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. § […]
IN RE TRUST CREATED BY WATLAND, 211 Minn. 84 (1941)
300 N.W. 195 IN RE TRUST CREATED BY ANDREW R. WATLAND. JOHN L. BRIN AND ANOTHER v. FRANCES KATHRYN SHERILL AND ANOTHER.[1] Nos. 32,840, 32,901, 32,944.Supreme Court of Minnesota. October 10, 1941. [1] Reported in 300 N.W. 195. Trust — construction — construing trust instrument as a whole. 1. In construing trust indenture presently involved, […]
BREEDLOVE v. STATE, 285 Minn. 528 (1969)
173 N.W.2d 270 JOHN LEE BREEDLOVE v. STATE. No. 41140.Supreme Court of Minnesota. December 19, 1969. Criminal law — postconviction proceedings — denial of relief — propriety. Appeal by John Lee Breedlove from an order of the Hennepin County District Court, Edward J. Parker, Judge, denying his petition for postconviction relief after convictions for carnal […]
IN RE ESTATE OF NOSER, 183 Minn. 465 (1931)
237 N.W. 22 IN RE ESTATE OF BABETHA NOSER. WERNER NOSER, JR. v. WILLIAM AHNEMAN.[1] No. 28,479.Supreme Court of Minnesota. May 29, 1931. [1] Reported in 237 N.W. 22. Maturity of debt not postponed so as to avoid statute of limitations. Testimony that a debtor, since deceased, admitted in 1927 that she “had to pay” […]
MATTER OF NELSON, 416 N.W.2d 848 (Minn.App. 1987)
In the Matter of the Proposed Placement on Unrequested Leave of Thomas O. NELSON. No. CX-87-1356.Minnesota Court of Appeals. December 29, 1987. Syllabus by the Court 1. A Strand realignment is not required where there are no senior teachers who are “qualified” within the meaning of the governing collective bargaining agreement for the proposed area […]
CUNNINGHAM v. HEALTHEAST ST. JOSEPH’S HOS., A09-2073 (Minn.App. 6-22-2010)
Dwayne Cunningham, Appellant, v. HEALTHEAST ST. JOSEPH’S HOSPITAL, Respondent. No. A09-2073.Minnesota Court of Appeals. Filed June 22, 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 […]
STATE EX REL. COLE v. TAHASH, 279 Minn. 489 (1968)
157 N.W.2d 735 STATE EX REL. ROBERT L. COLE v. RALPH H. TAHASH. No. 41,041.Supreme Court of Minnesota. February 16, 1968. Abuse of process — postconviction habeas corpus — repetitive petitions. Appeal by Robert L. Cole from an order of the Washington County District Court, William T. Johnson, Judge, denying his petition for a writ […]
LEE v. CONSTRUCTION SERVICE, INC., 224 Minn. 149 (1947)
28 N.W.2d 69 LILLIAN M. LEE AND OTHERS v. CONSTRUCTION SERVICE, INC. AND ANOTHER.[1] No. 34,434.Supreme Court of Minnesota. June 13, 1947. [1] Reported in 28 N.W.2d 69. Mortgage — action to redeem — complaint — sufficiency. Plaintiffs, a widow and four children, were the owners of property left them by their deceased husband and […]
ANTON’S INC. v. CITY OF MINNEAPOLIS, 375 N.W.2d 504 (Minn.App. 1985)
ANTON’S, INC., Relator, v. The CITY OF MINNEAPOLIS, Respondent. No. C9-85-937.Minnesota Court of Appeals. October 15, 1985. Page 505 Syllabus by the Court The city council did not act in an arbitrary, capricious, or oppresive manner when it denied relator’s application for a Class B liquor license. Gerald M. Singer, William R. Skolnick, Minneapolis, for […]
IN RE MARRIAGE OF CONLIN, A06-1978 (Minn. 12-11-2007)
In Re the Marriage of: Denise Joan Conlin v. Peter Joseph Conlin. No. A06-1978.Supreme Court of Minnesota. Filed: December 11, 2007. ORDERS ON PETITIONS FOR FURTHER REVIEW Denied. Page 1
STATE v. ANDERSON, A06-1807 (Minn.App. 1-22-2008)
State of Minnesota, Respondent, v. Earnest Lee Anderson, Appellant. No. A06-1807.Minnesota Court of Appeals. Filed January 22, 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 […]
ANGERHOFER v. STAI, C6-02-609 (Minn.App. 9-17-2002)
Nancy Ann Angerhofer, Appellant, v. Darrick Bradley Stai, Respondent. No. C6-02-609.Minnesota Court of Appeals. Filed September 17, 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 […]
JOHNSON v. ST. PAUL INS. CO., 305 N.W.2d 571 (Minn. 1981)
Dianne Leigh JOHNSON, by Harold R. Johnson, guardian, Appellant, v. ST. PAUL INSURANCE COMPANIES et al, Respondents. No. 50948.Supreme Court of Minnesota. May 8, 1981. Appeal from the District Court, Ramsey County, David E. Marsden, J. Page 572 Lommen, Nelson, Sullivan Cole, P. A., Phillip A. Cole and Sharon D. Nelson, Minneapolis, for appellant. Geraghty, […]
KOLK v. STATE, A05-568 (Minn.App. 3-14-2006)
Gregory Philip Kolk, petitioner, Appellant, v. State of Minnesota, Respondent. No. A05-568.Minnesota Court of Appeals. March 14, 2006. Hennepin County District Court, Hon. Beryl A. Nord. RECENT ORDER OPINION Chief Judge EDWARD TOUSSAINT, JR. Affirmed.
MATTER OF HAYMES, 427 N.W.2d 248 (Minn.App. 1988)
In the Matter of the Occupational License of Jack HAYMES. No. C6-88-344.Minnesota Court of Appeals. July 19, 1988. Review Granted September 28, 1988. Page 249 Syllabus by the Court 1. This court has jurisdiction to hear an order awarding attorney fees and expenses pursuant to Minn.Stat. § 3.764, subd. 2. 2. Minn.Stat. §§ 3.761-.764 does […]
STATE v. SONNENBERG, A04-2208 (Minn.App. 1-17-2006)
State of Minnesota, Respondent, v. Robert Dean Sonnenberg, Appellant. No. A04-2208.Minnesota Court of Appeals. Filed January 17, 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 […]
KROYER v. PURE PRIDE, 628 N.W.2d 124 (Minn. 2001)
Steve R. Kroyer, Respondent, vs. Pure Pride, et al., Relators. No. C7-01-561.Supreme Court of Minnesota. June 19, 2001 Jerome D. Vehanen, Nancy E. Lamo, for relators. Michelle Barone Osterbauer, Joseph J. Osterbauer, for respondent. Considered and decided by the court en banc. ORDER Based upon all the files, records and proceedings herein, IT IS HEREBY […]
STATE v. OLSON, A04-1062 (Minn. 10-18-2005)
State v. Garrett Arthur Olson. No. A04-1062.Supreme Court of Minnesota. Filed October 18, 2005. Order on petition for further review Denied.
IN RE PELZER v. MORALES, C3-02-1197 (Minn.App. 3-11-2003)
In re: Barbara Joy Morales Pelzer, petitioner, Appellant, v. Curtis Alexander Morales, Respondent. No. C3-02-1197.Minnesota Court of Appeals. Filed: March 11, 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). […]
STATE v. DANFORTH, C5-98-2054 (Minn.App. 5-4-1999)
State of Minnesota, Respondent, v. Stephen Danforth, Appellant. No. C5-98-2054.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 Court, […]
STATE v. VOSS, A03-1758 (Minn.App. 8-3-2004)
State of Minnesota, Respondent, v. Natalie Diane Voss, Appellant. No. A03-1758.Minnesota Court of Appeals. Filed August 3, 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 […]
STATE v. SANTANA, A05-2077 (Minn. 11-14-2006)
State v. Jose Santana. No. A05-2077.Supreme Court of Minnesota. Filed November 14, 2006. ORDER ON PETITION FOR FURTHER REVIEW Denied.
STATE v. PERKINS, 353 N.W.2d 557 (Minn. 1984)
STATE of Minnesota, Respondent, v. Edwin R. PERKINS, Appellant. No. C5-82-1634.Supreme Court of Minnesota. August 24, 1984. Appeal from the District Court, Hennepin County, David R. Leslie, J. Page 558 Syllabus by the Court Trial court did not prejudicially err in evidentiary rulings or in instructions, but erred in imposing sentence greater than was permitted […]
IN MATTER OF THE CIVIL COMMITMENT OF COX, A08-1693 (Minn. 4-21-2009)
In the Matter of the Civil Commitment of: Joshua Joseph Cox. No. A08-1693.Supreme Court of Minnesota. Filed April 21, 2009. ORDERS ON PETITIONS FOR FURTHER REVIEW Denied Page 2
STATE v. SCHMIT, 273 Minn. 78 (1966)
139 N.W.2d 800 STATE v. ADRIAN B. SCHMIT. No. 39,079.Supreme Court of Minnesota. January 21, 1966. Criminal law — trial — exclusion of spectators — constitutionality. 1. An order excluding all spectators during the trial of a criminal case except members of the bar and press, upon the sole ground of the obscene nature of […]
WOLNER v. MAHASKA INDUSTRIES, INC., 325 N.W.2d 39 (Minn. 1982)
Gary WOLNER, Appellant, v. MAHASKA INDUSTRIES, INC., Respondent, Minnesota Valley Breeders Association, Respondent, Lester’s Engineer Building Systems, Defendant. No. 82-3.Supreme Court of Minnesota. October 22, 1982. Rehearing Denied January 5, 1983. Appeal from the District Court, Watonwan County, Harvey A. Holtan, J. Page 40 Syllabus by the Court 1. A decision of this court based […]
ROCKLER v. EDELSTON, A10-786 (Minn.App. 3-8-2011)
Jane Deborah Rockler, petitioner, Respondent, v. Gary Steven Edelston, Appellant. No. A10-786.Minnesota Court of Appeals. Filed March 8, 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 […]
STATE v. MEANS, C6-00-461 (Minn.App. 12-19-2000)
State of Minnesota, Respondent, vs. Jeffrey Arris Means, Sr., Appellant. No. C6-00-461.Minnesota Court of Appeals. Minnesota Court of Appeals. Filed December 19, 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 […]
STATE v. GALLAHUE, 273 N.W.2d 660 (Minn. 1978)
STATE of Minnesota, Appellant, v. Kevin Patrick GALLAHUE, Respondent. No. 48285.Supreme Court of Minnesota. December 22, 1978. Appeal from the District Court, Dakota County, Raymond Pavlak, J. Page 661 Warren Spannaus, Atty. Gen., St. Paul, John O. Sonsteng, County Atty., Thomas Van Horn, Asst. County Atty., Hastings, for appellant. William Hennessy, St. Paul, for respondent. […]
GASPARRE v. CITY OF ST. PAUL, 501 N.W.2d 683 (Minn.App. 1993)
Michael Louis GASPARRE, Respondent, v. CITY OF ST. PAUL, et al., Appellants. No. C5-93-236.Minnesota Court of Appeals. June 22, 1993. Appeal from the District Court, Ramsey County, Allan R. Market, J. Page 684 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 685 […]
CITY OF ST. PAUL v. LANDREVILLE, 301 Minn. 43 (1974)
221 N.W.2d 532 CITY OF ST. PAUL v. ALDEN E. LANDREVILLE. No. 44583.Supreme Court of Minnesota. August 16, 1974. Criminal law — right of municipality to appeal — limitations — appeal from dismissal. Appeal by the state from an order of the municipal court of the city of St. Paul, Ramsey County, Allan R. Markert, […]
STATE v. FLOWERS, 734 N.W.2d 239 (Minn. 2007)
STATE of Minnesota, Respondent, v. Dontrell Dyna FLOWERS, Appellant. No. A05-213.Supreme Court of Minnesota. June 28, 2007. Appeal from the District Court, Hennepin County, Marilyn J. Kaman, J. Page 240 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 241 [EDITORS’ NOTE: THIS […]
McAFEE v. DEPARTMENT OF REVENUE, 514 N.W.2d 301 (Minn.App. 1994)
Phillip A. McAFEE, Relator, v. DEPARTMENT OF REVENUE, et al., Commissioner of Veterans Affairs, Respondents. No. C9-93-1891.Minnesota Court of Appeals. March 29, 1994. Review Denied April 19, 1994. Page 302 Syllabus by the Court Veteran’s preference credits do not apply to temporary unclassified positions which, because they are unclassified, do not require an open competitive […]
ERICKSON PLUS LIMITED v. VENTURA, C3-02-843 (Minn.App. 12-24-2002)
Erickson Plus Limited, d/b/a Sound 80, Appellant, vs. Jesse Ventura, et al., Respondents, John Beal Associates, Inc., d/b/a Red White and Blue Brand, et al., Defendants. No. C3-02-843.Minnesota Court of Appeals. Filed December 24, 2002 [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not […]
STATE v. GALLE, A04-1003 (Minn.App. 3-1-2005)
State of Minnesota, Respondent, v. Joshua Alan Galle, Appellant. No. A04-1003.Minnesota Court of Appeals. Filed March 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 from the District […]
IN MATTER OF THE WELFARE OF B.U.P., A05-2443 (Minn.App. 12-12-2006)
IN THE MATTER OF THE WELFARE OF: B.U.P. No. A05-2443.Minnesota Court of Appeals. Filed December 12, 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 MARRIAGE OF BUSCHER v. BUSCHER, CX-02-130 (Minn.App. 7-30-2002)
In re the Marriage of: Charles Henry Buscher, petitioner, Appellant, v. Mary Catherine Buscher, Respondent. No. CX-02-130Minnesota 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 provided by Minn. Stat. § 480A.08, subd. […]
STATE v. JONES, C9-01-898 (Minn.App. 5-14-2002)
State of Minnesota, Respondent, v. Tammy Colleen Jones, Appellant. No. C9-01-898.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 […]
STATE EX REL, SAUER v. HELLESVIG, 376 N.W.2d 503 (Minn.App. 1985)
STATE of Minnesota, ex rel, Jeffrey SAUER, Supervisor, Child Support Collections Division, on Behalf of Isolde Heidrun PLAGENS, Petitioner, Respondent, v. Jeffery HELLESVIG, Appellant. No. C3-85-772.Minnesota Court of Appeals. November 12, 1985. Appeal from the Municipal Court, St. Louis County, Gerald C. Martin, J. Page 504 Syllabus by the Court Interference with visitation rights cannot […]
COUNTRY JOE v. CITY OF EAGAN, C4-98-618 (Minn.App. 10-13-1998)
Country Joe, Inc., et al., Appellants, v. City of Eagan, Respondent. No. C4-98-618.Minnesota Court of Appeals. Filed October 13, 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 […]
STATE v. PARKER, A10-1713 (Minn.App. 8-22-2011)
State of Minnesota, Respondent, v. Hunter Jay Parker, Appellant. No. A10-1713.Minnesota Court of Appeals. Filed August 22, 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 […]
SESSLER v. GOLDFARB, 283 Minn. 123 (1969)
167 N.W.2d 11 BENJAMIN C. SESSLER AND ANOTHER v. NORMAN R. GOLDFARB. No. 41372.Supreme Court of Minnesota. March 21, 1969. New trial — grounds — inadequate damages. The trial court did not err in denying a motion for a new trial on the ground that the jury verdict was insufficient where the evidence would support […]
IN RE STUART, 646 N.W.2d 520 (Minn. 2002)
In re Petition of John M. Stuart, State Public Defender, petitioner, State of Minnesota, Respondent, vs. Roger L. Schleicher, Respondent. No. C7-01-1824.Supreme Court of Minnesota. Filed: July 11, 2002. Appeal from the Minnesota Court of Appeals. Page 521 SYLLABUS 1. Mandamus is proper to compel district court to evaluate defendant’s eligibility for services of state […]
JONES v. CULLEN, C6-98-2158 (Minn.App. 6-15-1999)
James M. Jones, et al., Appellants, v. Edward L. Cullen, Jr., et al., Respondents. No. C6-98-2158.Minnesota Court of Appeals. Filed June 15, 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 […]
IN RE ESTATE OF J. MARTIN, 182 Minn. 576 (1931)
235 N.W. 279 IN RE ESTATE OF HAROLD J. MARTIN.[1] No. 28,412.Supreme Court of Minnesota. February 20, 1931. [1] Reported in 235 N.W. 279. Writ of prohibition denied. 1. A writ of prohibition will not be granted where the petitioner had an adequate remedy by writ of certiorari. Order reviewable by certiorari. 2. An order […]
BOSEL v. HENDERSON HOLDING CO., 167 Minn. 72 (1926)
208 N.W. 421 AUGUST H. BOSEL v. HENDERSON HOLDING COMPANY.[1] No. 25,257.Supreme Court of Minnesota. April 9, 1926. [1] Reported in 208 N.W. 421. Finding sustained that injured man was an employe. 1. Respondent held an employe and not an independent contractor. When casual employment is subject to operation of compensation act. 2. Employment though […]
IN RE MARRIAGE OF HUGHES, A10-33 (Minn.App. 11-16-2010)
In re the Marriage of: David J. Hughes, petitioner, Appellant, v. Colleen C. Ryan, Respondent. No. A10-33.Minnesota Court of Appeals. Filed November 16, 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. […]
IN RE APPEAL OF INDEPENDENT SCHOOL DIST. NO. 697, 293 Minn. 289 (1972)
198 N.W.2d 526 IN RE APPEAL OF INDEPENDENT SCHOOL DISTRICT NO. 697 AND OTHERS v. COUNTY BOARD OF COMMISSIONERS, ST. LOUIS COUNTY. COUNTY BOARD OF EDUCATION AND ANOTHER, INTERVENORS. No. 43221.Supreme Court of Minnesota. June 2, 1972. Schools and school districts — appeal from county board order creating district — adverse parties. 1. In an […]
BOYUM v. MAIN ENTREE, INC., 535 N.W.2d 389 (Minn.App. 1995)
Susan BOYUM, et al., Appellants, v. MAIN ENTREE, INC., d/b/a D.B. Searles, Respondent. No. C0-95-438.Minnesota Court of Appeals. August 1, 1995. Review Denied September 28, 1995. Appeal from the District Court, Stearns County, Richard J. Ahles, J. Syllabus by the Court A negligence per se claim against the possessor of real property is barred by […]
LIENHARD v. STATE, 431 N.W.2d 861 (Minn. 1988)
Douglas O. LIENHARD, Petitioner, Appellant, v. STATE of Minnesota, et al., Respondents. No. C8-87-1002.Supreme Court of Minnesota. November 23, 1988. Appeal from the District Court, Kanabec County, P. Hunter Anderson, J. Page 862 Syllabus by the Court 1. Statutory costs awarded pursuant to Minn.Stat. § 549.02 (1986) and reasonable disbursements pursuant to Minn.Stat. § 549.04 […]
STATE v. BELL, A04-1595 (Minn.App. 12-13-2005)
State v. Ronald James Bell. No. A04-1595.Minnesota Court of Appeals. Filed: December 13, 2005. Granted.
SHELDON v. GOPHER GRANITE CO., 174 Minn. 551 (1928)
219 N.W. 867 DAVE SHELDON v. GOPHER GRANITE COMPANY AND ANOTHER.[1] No. 26,736.Supreme Court of Minnesota. June 8, 1928. [1] Reported in 219 N.W. 867. Employe is entitled to compensation of one-half of amount specified for loss of thumb. 1. The workmen’s compensation act provides that the loss of the first or distal phalange of […]
IN RE CIVIL COMMITMENT OF CARNER, A03-577 (Minn.App. 11-4-2003)
In the Matter of the Civil Commitment of Alexander Scott Carner, f/k/a Craig Scott Mortland. No. A03-577.Minnesota Court of Appeals. Filed: November 4, 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. […]
IN RE EUSTATHIADES v. BOWMAN, C3-00-269 (Minn.App. 9-5-2000)
In the Matter of: Fiona M. Eustathiades, petitioner, Respondent, vs. Ben T. Bowman, Appellant. No. C3-00-269.Minnesota Court of Appeals. Filed September 5, 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 […]