In re GUARDIANSHIP OF Sam D. HAMPTON, Jr., a.k.a. Samuel David Hampton, Ward. No. C1-84-937.Supreme Court of Minnesota. September 20, 1985. Appeal from the District Court, Hennepin County, John Casey, J. Syllabus by the Court Under the facts and circumstances of this case, petitioner insurance company may not raise technical noncompliance with the statutory guardianship […]
Category: Minnesota Court Opinions
STATE v. HOTT, A06-2188 (Minn.App. 11-6-2007)
State of Minnesota, Respondent, v. Ronald E. Hott, Appellant. No. A06-2188.Minnesota Court of Appeals. Filed November 6, 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 [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn.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 […]
QUINN v. ZIMMER, 184 Minn. 589 (1931)
239 N.W. 902 MATT QUINN v. EDWARD ZIMMER AND ANOTHER.[1] No. 28,647.Supreme Court of Minnesota. December 11, 1931. [1] Reported in 239 N.W. 902. Automobile — collision at intersection. The action arises out of an automobile collision at a highway intersection. It is held: Same — negligence of defendants. 1. The question of defendants’ negligence […]
STATE v. ERSKIN, C4-01-1621 (Minn.App. 6-11-2002)
State of Minnesota, Respondent, v. Roddie Anthony Erskin, Appellant. No. C4-01-1621.Minnesota Court of Appeals. Filed June 11, 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 [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn.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 v. ETZEL, C4-99-1956 (Minn.App. 10-3-2000)
State of Minnesota, Respondent, vs. Manuela Etzel, Appellant. No. C4-99-1956.Minnesota Court of Appeals. Filed October 3, 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 [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn.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 Court, […]
STATE v. TRIMBLE, A07-0888 (Minn.App. 9-9-2008)
State of Minnesota, Respondent, v. Brian K. Trimble, Appellant. No. A07-0888.Minnesota Court of Appeals. Filed September 9, 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 [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn.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 […]
ALDRICH v. DUNN, 217 Minn. 255 (1944)
14 N.W.2d 489 BOYD S. ALDRICH AND ANOTHER v. CLARENCE O. DUNN AND ANOTHER.[1] No. 33,685.Supreme Court of Minnesota. April 21, 1944. [1] Reported in 14 N.W.2d 489. Witness — credibility — question for trial court — grant of way for travel. 1. Testimony of a witness tending to prove that the use of a […]
INDEPENDENT SCHOOL DIST. v. STATE, C8-96-567 (Minn.App. 8-13-1996)
INDEPENDENT SCHOOL DISTRICT NO. 709, DULUTH, Respondent, v. STATE OF MINNESOTA, BY BOARD OF TRUSTEES OF THE MINNESOTA STATE COLLEGES AND UNIVERSITIES, on behalf of LAKE SUPERIOR COLLEGE: A COMMUNITY AND TECHNICAL COLLEGE AT DULUTH, Intervenor, Appellant, v. SCOTTSDALE INSURANCE COMPANY, Respondent. No. C8-96-567.Minnesota Court of Appeals. Filed August 13, 1996. [EDITOR’S NOTE: This case […]
GREAT NORTHERN OIL CO. v. ST. PAUL F. M. INS. CO., 303 Minn. 267 (1975)
227 N.W.2d 789 GREAT NORTHERN OIL COMPANY, NOW KNOWN AS KOCH REFINERY, v. ST. PAUL FIRE AND MARINE INSURANCE COMPANY AND OTHERS. Nos. 44706, 44749.Supreme Court of Minnesota. March 14, 1975. Insurance — business-interruption coverage — scope — damage not causing loss of earnings. In an action to recover loss of business earnings under a […]
STATE v. PLAISANCE, A06-219 (Minn.App. 4-24-2007)
State of Minnesota, Respondent, v. Lucanus John Plaisance, Appellant. No. A06-219.Minnesota Court of Appeals. Filed April 24, 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 […]
MOGREN v. FINLEY, 112 Minn. 453 (1910)
128 N.W. 828 ARTHUR W. MOGREN v. WILLIAM FINLEY.[1] Nos. 16,715 — (66).Supreme Court of Minnesota. December 2, 1910. [1] Reported in 128 N. W. 828. Action in the district court for Ramsey county to cancel as to plaintiff a contract for the purchase of land and a promissory note given therefor, to cancel a […]
STATE v. BRECHON, 352 N.W.2d 745 (Minn. 1984)
STATE of Minnesota, Respondent, v. John BRECHON and Scott Carpenter, et al., petitioners, Appellants. No. C2-83-1696.Supreme Court of Minnesota. August 3, 1984. Appeal from the District Court, Hennepin County, Susanne C. Sedgwick, Ann D. Montgomery and A. Paul Lommen, JJ. Page 746 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF […]
STATE v. JAMES DOUGLAS KIEWEL, CX-98-252 (Minn.App. 1-19-1999)
State of Minnesota, Respondent, v. James Douglas Kiewel, Appellant. No. CX-98-252.Minnesota Court of Appeals. Filed January 19, 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 […]
FALGREN v. STATE, BD. OF TEACHING, 545 N.W.2d 901 (Minn. 1996)
In the Matter of the Teaching License of Jon A. FALGREN, Relator, v. STATE of Minnesota, BOARD OF TEACHING, Respondent. No. CX-94-1876.Supreme Court of Minnesota. April 5, 1996. Appeal from the Court of Appeals. Page 902 Syllabus by the Court 1. In a teaching license revocation hearing, the ALJ properly allowed the teacher’s termination hearing […]
IN RE ESTABLISHMENT OF JUDICIAL DITCH NO. 75, 172 Minn. 295 (1927)
215 N.W. 204 IN RE ESTABLISHMENT OF JUDICIAL DITCH NO. 75 IN POLK COUNTY.[1] No. 26,238.Supreme Court of Minnesota. July 22, 1927. [1] Reported in 215 N.W. 204, 216 N.W. 229. Ditch petition contained sufficient signatures. 1. The petition for the ditch is signed by the requisite number of qualified petitioners. Withdrawal of petitioners from […]
STATE v. KETCHER, A03-1225 (Minn.App. 5-25-2004)
State of Minnesota, Respondent, v. James Robert Ketcher, Appellant. No. A03-1225.Minnesota Court of Appeals. Filed May 25, 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 Brown […]
STATE v. SALAZAR, 504 N.W.2d 774 (Minn. 1993)
STATE of Minnesota, Respondent, v. Ruben James SALAZAR, Appellant. No. C9-92-228.Supreme Court of Minnesota. September 3, 1993. Appeal from the District Court, Hennepin County, John Sommerville, J. Page 775 Syllabus by the Court 1. Circumstances surrounding the making of statements to mother by child abuse victim show that the statements possessed “particular guarantees of trustworthiness” […]
WILKINS v. BEN’S HOME OIL CO., 166 Minn. 41 (1926)
207 N.W. 183 N.J. WILKINS v. BEN’S HOME OIL COMPANY AND ANOTHER.[1] No. 24,959.Supreme Court of Minnesota. January 22, 1926. [1] Reported in 207 N.W. 183. When injury is compensable under compensation act, even if employe had predisposing weakness to it. 1. If an unforeseen accident to an employe, while engaged in the performance of […]
MALONEY v. MALONEY, C4-02-494 (Minn.App. 12-3-2002)
Thomas L. Maloney, petitioner, Appellant, v. Anna Marie Maloney, Respondent. No. C4-02-494.Minnesota Court of Appeals. Filed December 3, 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 (2002). Appeal from the […]
FERGON v. COHEN, 268 Minn. 228 (1964)
128 N.W.2d 739 LAWRENCE FERGON v. ESTHER COHEN. No. 39,142.Supreme Court of Minnesota. May 15, 1964. Trial — view by jury — extent — propriety. 1. Where upon plaintiff’s motion court directed view of stairways involved in action; where one of defenses was that plaintiff could have used a front inside stairway as an alternate […]
CARLSON v. HESS, A05-503 (Minn.App. 12-13-2005)
Brenna Carlson, a minor, by and through her parents and natural guardians, Kevin Carlson and Leanella Carlson, Appellants, v. Jakson Daniel Hess, Defendant, Shane Hager, et al., Respondents. No. A05-503.Minnesota Court of Appeals. Filed December 13, 2005. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and […]
STATE v. DAHLE, 428 N.W.2d 848 (Minn.App. 1988)
STATE of Minnesota, Respondent, v. Richard Allen DAHLE, Appellant. No. C3-88-1208.Minnesota Court of Appeals. September 13, 1988. Review Denied October 26, 1988. Appeal from the District Court, Ramsey County, E. Thomas Brennan, J. Syllabus by the Court The district court did not err by sentencing the appellant to a forty-one month executed sentence for his […]
MATTER OF FRIEDENSON, 574 N.W.2d 463 (Minn.App. 1998)
In the Matter of the Medical License of Harvey B. FRIEDENSON, M.D. No. C1-97-1277.Minnesota Court of Appeals. February 24, 1998. Review Denied April 30, 1998. Appeal from the Board of Medical Practice. Page 464 Syllabus by the Court Measured by the preponderance of the evidence standard, the Minnesota Board of Medical Practice properly revoked relator’s […]
KUGLING v. WILLIAMSON, 231 Minn. 135 (1950)
42 N.W.2d 534 FRIEDA KUGLING v. J. R. WILLIAMSON.[1] No. 35,114.Supreme Court of Minnesota. May 5, 1950. [1] Reported in 42 N.W.2d 534. Judgment — notwithstanding verdict — motion — necessity of motion for directed verdict at close of evidence. 1. Pursuant to M.S.A. 605.06, a motion for a directed verdict at the close of […]
JUUL v. COMMR. OF PUBLIC SAFETY, C1-01-135 (Minn.App. 8-7-2001)
Birk Holger Juul, petitioner, Appellant, v. Commissioner of Public Safety, Respondent. No. C1-01-135.Minnesota Court of Appeals. Filed August 7, 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 […]
COLLINS v. CITY OF MAPLEWOOD, C3-97-860 (Minn.App. 11-10-1997)
Kenneth V. Collins, Relator, v. City of Maplewood, Respondent, City of Maplewood Police Civil Service Commission, Respondent. No. C3-97-860.Minnesota Court of Appeals. Filed November 10, 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. § […]
IN MATTER OF THE WELFARE OF F. M. I., A11-230 (Minn.App. 9-26-2011)
In the Matter of the Welfare of: F. M. I., Child. No. A11-230.Minnesota Court of Appeals. Filed September 26, 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 […]
O’BRIEN v. STATE FARM INSURANCE COMPANY, A04-2462 (Minn.App. 7-26-2005)
Scott O’Brien, Appellant, v. State Farm Insurance Company, and State Farm Insurance Company, as Subrogee of Erma Walker, Respondents. No. A04-2462.Minnesota Court of Appeals. Filed July 26, 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. […]
FORD v. STATE OF MINNESOTA, C4-95-2600 (Minn.App. 8-27-1996)
DANIEL FORD, Appellant, v. STATE OF MINNESOTA, Respondent. No. C4-95-2600.Minnesota Court of Appeals. Filed August 27, 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, […]
REKOVSKY v. GLISCZINSKI, 170 Minn. 303 (1927)
212 N.W. 595 ANNA REKOVSKY v. MARTHA GLISCZINSKI AND ANOTHER.[1] No. 25,415.Supreme Court of Minnesota. February 25, 1927. [1] Reported in 212 N.W. 595. Life tenant cannot maintain action in partition against remainderman. The sole owner of a life estate cannot maintain an action in partition against the owner of the remainder. Such actions can […]
STATE v. KAMINSKI, CX-97-967 (Minn.App. 3-31-1998)
STATE OF MINNESOTA, Respondent, v. JOHN JOSEPH KAMINSKI, Appellant. No. CX-97-967.Minnesota Court of Appeals. Filed March 31, 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 […]
HITCHCOCK v. COUNTY OF SHERBURNE, 227 Minn. 132 (1948)
34 N.W.2d 342 WALLACE P. HITCHCOCK v. COUNTY OF SHERBURNE AND OTHERS.[1] No. 34,688.Supreme Court of Minnesota. October 29, 1948. [1] Reported in 34 N.W.2d 342. County — county aid road — negligence in maintenance — action for injuries — pleading. 1. In an action against a county and its county commissioners as individuals to […]
JOHNSON v. STATE, C8-00-879 (Minn.App. 10-31-2000)
LORENZO (NMN) JOHNSON, Appellant, v. STATE OF MINNESOTA, Respondent. No. C8-00-879.Minnesota Court of Appeals. Filed October 31, 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 […]
STATE v. MORRIS, 281 Minn. 119 (1968)
160 N.W.2d 715 STATE v. TERRY E. MORRIS. No. 40,613.Supreme Court of Minnesota. August 2, 1968. Criminal law — kidnapping — elements — confinement or removal of victim. It is not necessary to prove that defendant confined his victim for a “substantial” period of time or removed her a “substantial” distance in order to establish […]
ROSE v. PRUDENTIAL PROPERTY CAS. INS. CO., A04-644 (Minn.App. 11-23-2004)
Jonathan M. Rose, Appellant, v. Prudential Property and Casualty Insurance Company, Respondent. No. A04-644.Minnesota Court of Appeals. Filed November 23, 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 […]
IN RE SWENSON v. SWENSON, C7-02-201 (Minn.App. 9-24-2002)
In re: Mary D. Swenson, petitioner, Respondent, v. Ronald D. Swenson, Appellant. No. C7-02-201.Minnesota Court of Appeals. Filed September 24, 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 […]
GLASS v. STATE DEPARTMENT OF HIGHWAYS, 211 Minn. 179 (1941)
300 N.W. 593 JAMES GLASS v. STATE DEPARTMENT OF HIGHWAYS.[1] No. 32,884.Supreme Court of Minnesota. October 31, 1941. [1] Reported in 300 N.W. 593. Workmen’s compensation — rehearing — denial — no abuse of discretion. The industrial commission did not abuse its discretion in denying an employe’s motion for a rehearing. Certiorari upon the relation […]
IN RE DISCIPLINARY ACTION AGAINST, 796 N.W.2d 309 (Minn. 2011)
In re Petition for DISCIPLINARY ACTION AGAINST Wayde Russell BROOKS, a Minnesota Attorney, Registration No. 335654. No. A10-1394.Supreme Court of Minnesota. April 5, 2011. ORDER In August 2010, the Director of the Office of Lawyers Professional Responsibility filed a petition for disciplinary action alleging that respondent Wayde Russell Brooks committed professional misconduct warranting public discipline, […]
DISCIPLINARY ACTION AGAINST RAMACCIOTTI, 529 N.W.2d 672 (Minn. 1995)
In re Petition for DISCIPLINARY ACTION AGAINST Frank P. RAMACCIOTTI, an Attorney at Law of the State of Minnesota. No. C7-95-551.Supreme Court of Minnesota. April 12, 1995. ORDER WHEREAS, the Director of the Office of Lawyers Professional Responsibility has filed a petition for disciplinary action alleging that respondent Frank P. Ramacciotti failed to comply with […]
McGARY v. BEST BUY STORES LP, A03-1221 (Minn.App. 7-20-2004)
Bobby McGary, Relator, v. Best Buy Stores LP, Respondent, Commissioner of Employment and Economic Development, Respondent. No. A03-1221.Minnesota Court of Appeals. Filed July 20, 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, […]
IN RE DISBARHENT OF RUSSELL I. TOLLEFSON, 183 Minn. 349 (1931)
237 N.W. 192 IN RE DISBARHENT OF RUSSELL I. TOLLEFSON.[1] No. 28,423.Supreme Court of Minnesota. May 8, 1931. [1] Reported in 237 N.W. 192. Attorney disbarred. Respondent disbarred for admitted conversion of $5,000 belonging to estate of insane woman. [Reporter] Proceeding for the disbarment of Russell I. Tollefson. The matter was referred to Honorable Howard […]
LANGDON v. STATE, 375 N.W.2d 474 (Minn. 1985)
Robert N. LANGDON, a.k.a. Jefferey Joseph Surratt, Petitioner, Appellant, v. STATE of Minnesota, Respondent. No. C7-85-189.Supreme Court of Minnesota. October 25, 1985. Appeal from the District Court, Polk County, Russell A. Anderson, J. Page 475 Syllabus by the Court Where defendant burglarized four building within a single apartment complex, taking money from coin boxes on […]
HOYT INV. CO. v. BLOOMINGTON COMMERCE, 390 N.W.2d 325 (Minn.App. 1986)
HOYT INVESTMENT COMPANY, et al., Appellant, v. BLOOMINGTON COMMERCE AND TRADE CENTER ASSOCIATES, et al., Respondents. No. C7-86-39.Minnesota Court of Appeals. July 8, 1986. Review Denied September 24, 1986. Appeal from the District Court, Hennepin County, Stanley Kane, J. Page 326 Syllabus by the Court The trial court erroneously found respondents had satisfied their obligations […]
MANSFIELD v. GOPHER AVIATION CO., 301 Minn. 36 (1974)
221 N.W.2d 135 MARJORIE L. MANSFIELD v. GOPHER AVIATION COMPANY AND ANOTHER. No. 44181.Supreme Court of Minnesota. August 9, 1974. Workmen’s compensation — review — finding accident did not arise out of and in course of employment — propriety. Certiorari upon the relation of Marjorie L. Mansfield, widow of Austin W. Mansfield, deceased employee, to […]
FUJAN v. RUFFRIDGE-JOHNSON EQUIPMENT, 535 N.W.2d 393 (Minn.App. 1995)
Lorene D. FUJAN, Relator, v. RUFFRIDGE-JOHNSON EQUIPMENT, Commissioner of Economic Security, Respondents. No. C6-95-573.Minnesota Court of Appeals. August 8, 1995. Appeal from the Commissioner of Economic Security. Page 394 Syllabus by the Court Because relator genuinely believed that the statements she made to coworkers were true, the actual falsity of those statements cannot support a […]
STATE v. RIVERA, A09-1023 (Minn.App. 4-27-2010)
State of Minnesota, Respondent, v. Alberto Rivera, Appellant. No. A09-1023.Minnesota Court of Appeals. Filed April 27, 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 Court, […]
BOTHWELL v. BUCKBEE, MEARS CO., 169 Minn. 516 (1926)
211 N.W. 478 JAMES W. BOTHWELL AND OTHERS v. BUCKBEE, MEARS COMPANY.[1] No. 25,987.Supreme Court of Minnesota. December 10, 1926. [1] Reported in 211 N.W. 478. Case Followed. Contract for insurance made by foreign company which had not complied with laws of Minnesota, although policy was issued in another state upon written application mailed from […]
STATE v. EUBANKS, C3-98-1890 (Minn. 9-14-1999)
State v. David Lee Eubanks. No. C3-98-1890.Supreme Court of Minnesota. Decided September 14, 1999. Denied.
PETERSON v. BASF CORPORATION, A04-2464 (Minn.App. 8-30-2005)
Ronald Peterson, et al., Respondents, v. BASF Corporation, a foreign corporation, Appellant. No. A04-2464.Minnesota Court of Appeals. Filed August 30, 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. KOON MENG CHAN, 393 N.W.2d 228 (Minn.App. 1986)
STATE of Minnesota, Respondent, v. KOON MENG CHAN, Appellant. No. C1-85-2097.Minnesota Court of Appeals. September 16, 1986. Appeal from the District Court, Itasca County, Clinton W. Wyant, J. Syllabus by the Court The trial court did not err in determining that appellant was “about to become a witness” as required by M.S.A. 609.42, subd. 1(4). […]
STATE v. SASSE, C5-98-1597 (Minn. 7-28-1999)
State v. Adam Michael Sasse. No. C5-98-1597.Supreme Court of Minnesota. July 28, 1999. Denied
STATE v. PLEAS, 329 N.W.2d 329 (Minn. 1983)
STATE of Minnesota, Respondent, v. Keith W. PLEAS, Appellant. No. CX-81-839.Supreme Court of Minnesota. January 28, 1983. Appeal from the District Court, County of Hennepin, David R. Leslie, J. Page 330 Syllabus by the Court Trial court did not err in denying defendant’s motion to suppress evidence on fourth amendment grounds. C. Paul Jones, Public […]
NORTHERN STATES POWER CO. v. OSLUND, 236 Minn. 135 (1952)
51 N.W.2d 808 IN RE APPLICATION TO ACQUIRE AND CONDEMN LANDS IN RENVILLE COUNTY FOR A TRANSMISSION LINE. NORTHERN STATES POWER COMPANY v. E. OSLUND AND OTHERS. GILBERT K. NELSON AND OTHERS, RELATORS.[1] No. 35,759.Supreme Court of Minnesota. February 29, 1952. [1] Reported in 51 N.W.2d 808, 52 N.W.2d 717. Eminent domain — reasonable necessity […]
SATTER v. NATIONAL FARMERS ORGANIZATION, 358 N.W.2d 731 (Minn.App. 1984)
Einer SATTER and Roger Satter, Respondents, v. NATIONAL FARMERS ORGANIZATION, Appellant. No. C5-84-861.Minnesota Court of Appeals. December 11, 1984. Appeal from the District Court, Traverse County, John Stafsholt, J. Page 732 Syllabus by the Court 1. A farmers’ cooperative does not have a duty to explain a sales contract to an experienced, intelligent farmer doing […]
STATE v. HALL, 266 Minn. 74 (1963)
123 N.W.2d 116 STATE v. JERRY ALVIN HALL.[*] No. 38,803.Supreme Court of Minnesota. July 3, 1963. [*] Certiorari denied by U.S. Supreme Court January 6, 1964. Constitution — right to speedy trial — when defendant is in Federal custody. The failure of a state to bring a defendant to trial on a state charge during […]
STATE v. SKWERES, A09-1114 (Minn. 8-10-2010)
State v. Barrie Allen Skweres. No. A09-1114.Supreme Court of Minnesota. Filed August 10, 2010. ORDERS ON PETITIONS FOR FURTHER REVIEW Denied Page 1
DAMROW v. ZAUNER, 236 Minn. 447 (1952)
53 N.W.2d 139 HARRY DAMROW v. LEROY ZAUNER AND ANOTHER.[1] No. 35,653.Supreme Court of Minnesota. May 2, 1952. [1] Reported in 53 N.W.2d 139. Negligence — contributory negligence — submission to jury. 1. In personal injury action, held not error for trial court to submit to jury question of plaintiff’s contributory negligence. Automobile — negligence […]
STATE v. ANDERSON, C2-98-1248 (Minn.App. 2-16-1999)
State of Minnesota Regarding the Parties: Jennifer A. Mills, petitioner, Respondent, v. David S. Anderson, Appellant. No. C2-98-1248.Minnesota Court of Appeals. Filed February 16, 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, […]
MATTER OF NICOLLET COUNTY DITCH 86A, 488 N.W.2d 482 (Minn.App. 1992)
In the Matter of the REDETERMINATION OF BENEFITS OF NICOLLET COUNTY DITCH 86A. No. C7-92-34.Minnesota Court of Appeals. June 30, 1992. Appeal from the District Court, Nicollet County, Warren E. Litynski, J. Page 483 Syllabus by the Court 1. Flat-rate assessment in redetermination of benefits violates statutory provisions mandating that benefits may be assessed only […]
FROATS v. FROATS, 415 N.W.2d 445 (Minn.App. 1987)
In re the Marriage of Charles W. FROATS, Jr., petitioner, Appellant, v. Michael O. FROATS, Respondent. No. C7-87-1427.Minnesota Court of Appeals. November 24, 1987. Appeal from the Ramsey County District Court, James M. Lynch, J. Syllabus by the Court Where language in a 1975 judgment and decree imposes a contingency to the satisfaction of the […]
HENRY v. ALBERT, 268 Minn. 316 (1964)
129 N.W.2d 317 EVAN J. HENRY v. LEWIS E. ALBERT AND ANOTHER. No. 39,197.Supreme Court of Minnesota. June 5, 1964. Trial — summary judgment — when granted. Complaint which, construed in the light most favorable to the plaintiff, sets out facts from which it can be inferred that the plaintiff paid money to one of […]
STATE v. DUNHAM, 295 Minn. 541 (1973)
203 N.W.2d 406 STATE v. RICHARD O. DUNHAM. No. 43445.Supreme Court of Minnesota. January 12, 1973. Habeas corpus — proceeding challenging finding of probable cause — quashing of writ — propriety. Appeal by Richard O. Dunham from an order of the Kittson County District Court, Harley G. Swenson, Judge, quashing a writ of habeas corpus. […]
KAHL v. MINNESOTA WOOD SPECIALTY, INC., 277 N.W.2d 395 (Minn. 1979)
Harold M. KAHL, Respondent, v. MINNESOTA WOOD SPECIALTY, INC., Employer-Petitioner, and Employers Mutual Liability Insurance Co., Insurer-Petitioner, Warren Spannaus, Attorney General, State of Minnesota, Respondent. No. 48961.Supreme Court of Minnesota. March 30, 1979. Page 396 Syllabus by the Court In workers’ compensation proceedings to impose a penalty for unreasonably and vexatiously delaying payment of employee’s […]
STATE v. WHITING, A04-1895 (Minn. 6-28-2005)
State v. Alyssa Ann Whiting. No. A04-1895.Supreme Court of Minnesota. June 28, 2005. Order on petition for further review Denied.
MATTER OF DISCIPLINE OF MICHAELSON, 316 N.W.2d 31 (Minn. 1982)
In the Matter of the Application for the DISCIPLINE OF Victor John MICHAELSON, Jr., an Attorney at Law of the State of Minnesota. No. 50180.Supreme Court of Minnesota. February 19, 1982. Michael J. Hoover, Director of Lawyers Professional Responsibility, Janet Dolan, Asst. Director and Thomas B. Aaby, St. Paul, for appellant. Larkin, Hoffman, Daly Lindgren, […]
JOHNSON v. STATE, 421 N.W.2d 327 (Minn.App. 1988)
Leroy JOHNSON, Petitioner, Appellant, v. STATE of Minnesota, Respondent. No. C1-87-2332.Minnesota Court of Appeals. March 22, 1988. Review Denied May 4, 1988. Appeal from the District Court, Hennepin County, Charles A. Porter, J. Page 328 Syllabus by the Court 1. The trial court’s jury instructions were not erroneous. 2. The evidence was sufficient to sustain […]
MAXFIELD v. MAXFIELD, 452 N.W.2d 219 (Minn. 1990)
In re the Marriage of Steven MAXFIELD, Petitioner, Appellant, v. Diane MAXFIELD, Respondent. No. C3-88-2343.Supreme Court of Minnesota. January 19, 1990. Rehearing Denied March 15, 1990. Appeal from the District Court, Wadena County, Timothy J. Baland, J. Syllabus by the Court In this case, the best interests analysis directs custody of the three youngest children […]
IN RE REINSTATEMENT OF HEAD, 690 N.W.2d 559 (Minn. 2005)
In re Petition for REINSTATEMENT TO THE PRACTICE OF LAW OF Wynette Michelle HEAD, Registration No. 235076. No. A04-1011.Supreme Court of Minnesota. January 11, 2005. Page 560 ORDER In 1996, we indefinitely suspended petitioner Wynette Michelle Head from the practice of law for a minimum of three years. In re Head, 557 N.W.2d 167 (Minn. […]
IN RE ESTATE OF HAASE, C9-98-2140 (Minn.App. 8-10-1999)
C1-98-2309 In Re: Estate of Henry H. Haase, a/k/a Henry Herbert Haase and Henry Haase. Nos. C9-98-2140, C1-98-2309.Minnesota Court of Appeals. Filed August 10, 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, […]
STONY RIDGE CARLOS VIEW v. ALEXANDER, 353 N.W.2d 700 (Minn.App. 1984)
STONY RIDGE AND CARLOS VIEW TERRACE ASSOCIATION, INC., Appellant, v. Joseph N. ALEXANDER, Commissioner of Natural Resources, Respondent. No. C4-83-1988.Minnesota Court of Appeals. August 28, 1984. Appeal from the District Court, Douglas County, Donald A. Gray, J. Syllabus by the Court 1. Appellant failed to prove the land purchased by the DNR as a public […]
STATE v. TUCKER, A10-1629 (Minn.App. 10-3-2011)
State of Minnesota, Respondent, v. James Calvin Tucker, Appellant. No. A10-1629.Minnesota Court of Appeals. Filed: October 3, 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 (2008). Appeal from the District […]
STATE v. RILEY, 303 Minn. 251 (1975)
226 N.W.2d 907 STATE v. EUGENE RILEY. No. 44436.Supreme Court of Minnesota. March 7, 1975. Constitution — interest of privacy of person — effect of lawful arrest. An individual lawfully subjected to a custodial arrest retains no significant Fourth Amendment interest in the privacy of his person. If the arrest is lawful, the privacy interest […]
PAUN v. DOLPHIN POOLS, INC., A06-849 (Minn. 9-27-2006)
Thomas Paun v. Dolphin Pools, Inc., et al. No. A06-849.Supreme Court of Minnesota. Filed September 27, 2006. Order on Petition for further review Denied.
SCHILLING v. LEADER SUPPLY BUILDING, A04-849 (Minn.App. 2-8-2005)
Daniel L. Schilling, Relator, v. Leader Supply and Building, Respondent, Commissioner of Employment and Economic Development, Respondent. No. A04-849.Minnesota Court of Appeals. Filed February 8, 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. § […]
WALKER v. COMMISSIONER OF PUBLIC SAFETY, C9-97-1964 (Minn.App. 5-12-1998)
MARK STEVEN WALKER, petitioner, Appellant, v. COMMISSIONER OF PUBLIC SAFETY, Respondent. No. C9-97-1964.Minnesota Court of Appeals. Filed May 12, 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 […]
SCHMIDT v. RIEMENSCHNEIDER, 196 Minn. 612 (1936)
265 N.W. 816 EDMUND SCHMIDT v. PETER RIEMENSCHNEIDER AND ANOTHER.[1] No. 30,764.Supreme Court of Minnesota. March 13, 1936. [1] Reported in 265 N.W. 816. Evidence — documentary — hospital records — admissibility. 1. Under the circumstances set out in the opinion, the court was justified in holding that the foundation for introduction of hospital records […]
STATE v. RUSSELL, 209 Minn. 488 (1941)
296 N.W. 575 STATE v. THOMAS RUSSELL.[1] No. 32,593.Supreme Court of Minnesota. March 7, 1941. [1] Reported in 296 N.W. 575. Intoxicating liquor — sale without license — conviction sustained. The evidence sustains the conviction and sentence of defendant for the unlawful sale of liquor. Defendant appealed from a judgment of conviction of the municipal […]
MATTER OF TRUSTS BY HORMEL, 543 N.W.2d 668 (Minn.App. 1996)
In the Matter of the TRUSTS: created by George A. HORMEL and Designated As Trust Nos. 4, 5 and 6, and of the Trusts created by Jay C. Hormel and Designated as Trusts Nos. 101, 102, 103, 201, 202, 203, 301, 302, and 303. No. C4-95-1298.Minnesota Court of Appeals. February 6, 1996. Appeal from the […]
WATKINS PRODUCTS, INC. v. BUTTERFIELD, 274 Minn. 378 (1966)
144 N.W.2d 56 WATKINS PRODUCTS, INC. v. CECIL P. BUTTERFIELD AND OTHERS. AMBROSE ROBAK AND ANOTHER, APPELLANTS. No. 39,890.Supreme Court of Minnesota. July 8, 1966. Principal and surety — surety agreement induced by misrepresentations of principal — surety’s obligation to obligee. 1. The obligation of a surety is not vitiated by inducing misrepresentations of the […]
FIVELAND v. BOLLIG SONS, INC., 436 N.W.2d 478 (Minn.App. 1989)
Blaine FIVELAND, et al., Appellants, v. BOLLIG SONS, INC., Jerry Swinjakow, Carlson Consolidated Realty and Construction Co., Inc., Respondents. No. C1-88-2115.Minnesota Court of Appeals. February 28, 1989. Review Denied April 24, 1989. Appeal from the District Court, Hennepin County, Pamela G. Alexander, J. Syllabus by the Court The trial court correctly ruled that the unguarded […]
FARM BUREAU MUT. INS. v. NORTH STAR MUT., A03-1784 (Minn.App. 7-13-2004)
Farm Bureau Mutual Insurance Company, Appellant, v. North Star Mutual Insurance Company, Respondent. No. A03-1784.Minnesota Court of Appeals. Filed July 13, 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). […]
ANDERSON v. ANDERSON, 260 Minn. 573 (1961)
110 N.W.2d 293 HAROLD C. ANDERSON v. ESTHER ANDERSON. No. 38,459.Supreme Court of Minnesota. August 4, 1961. Courts — contempt proceedings — affidavit of prejudice — effect. Writ of prohibition by this court upon the petition of Harold C. Anderson to compel the Honorable Mark Nolan, judge of the St. Louis County District Court, to […]
PARNELL v. RIVER BEND CARRIERS, INC., 484 N.W.2d 442 (Minn.App. 1992)
Peter PARNELL, Relator, v. RIVER BEND CARRIERS, INC., Commissioner of Jobs and Training, Respondents. No. C9-91-2292.Minnesota Court of Appeals. May 26, 1992. Page 443 Syllabus by the Court 1. An employee is not disqualified from receiving unemployment benefits if the employee voluntarily quits a job as a result of the employer’s violation of federal trucking […]
HARRIS v. MARDAN BUSINESS SYSTEMS, INC., 421 N.W.2d 350 (Minn.App. 1988)
Murray P. HARRIS, Appellant, v. MARDAN BUSINESS SYSTEMS, INC., et al., Respondents. No. C0-87-717.Minnesota Court of Appeals. March 22, 1988. Review Denied May 18, 1988. Appeal from the District Court, Hennepin County, Robert E. Bowen, J. Page 351 Syllabus by the Court 1. The majority stockholder of this close corporation did not owe a fiduciary […]
SCHRUPP v. HANSON, 306 Minn. 151 (1975)
235 N.W.2d 822 CALVIN SCHRUPP AND ANOTHER v. KERMIT L. HANSON AND ANOTHER. No. 45068.Supreme Court of Minnesota. November 7, 1975. New trial — grounds — misconduct of jury — failure to conduct inquiry into misconduct. Action in the Sibley County District Court wherein plaintiffs, Calvin and Frieda Schrupp, sought damages for a nuisance allegedly […]
STATE v. BLAHOWSKI, A09-1240 (Minn.App. 6-22-2010)
State of Minnesota, Respondent, v. Scott Michael Blahowski, Appellant. No. A09-1240.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 […]
IN RE MARRIAGE OF YOUNG, A03-223 (Minn.App. 10-21-2003)
In re the Marriage of: Kory Allen Young, petitioner, Appellant, vs. Julie Ann Young, Respondent. No. A03-223.Minnesota Court of Appeals. Filed October 21, 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 ESTATE OF LUTZI, 266 Minn. 294 (1963)
123 N.W.2d 618 IN RE ESTATE OF J. WARREN LUTZI. NORTH STAR RIFLE CLUB, INC., FORMERLY KNOWN AS UNITED SPORTSMEN’S RIFLE CLUB, INC. v. JUNIOR UNITED SPORTSMAN’S RIFLE CLUB. No. 38,910.Supreme Court of Minnesota. August 16, 1963. Wills — construction — Identity of beneficiary. 1. Where evidence disclosed that testator had been active member and […]
STATE v. KALKBRENNER, C8-01-1959 (Minn.App. 7-30-2002)
State of Minnesota, Respondent, v. Jacob Daniel Kalkbrenner, Appellant. No. C8-01-1959.Minnesota 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. 3 (2000). Appeal from the District […]
IN RE MARRIAGE OF RETTKE, 696 N.W.2d 846 (Minn.App. 2005)
In re the MARRIAGE OF Erwin Harold RETTKE, petitioner. Estate of Erwin Harold Rettke, Appellant, v. Wilma Darlene Rettke, f/k/a Wilma Darlene Krueger, Respondent. No. A04-1507.Minnesota Court of Appeals. June 7, 2005. Appeal from the District Court, Martin County. Page 847 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE […]
JACOBSON v. $55,900 IN U.S., 728 N.W.2d 510 (Minn. 2007)
Richard J. JACOBSON, Appellant, v. $55,900 in U.S. CURRENCY, Respondent. No. A05-60.Supreme Court of Minnesota. March 15, 2007. Appeal from the District Court, Dakota County, issued forfeiture order. Claimant appealed. The Court of Appeals, 2006 WL 163450, Hudson, J. Page 511 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE […]
CONOLLY v. FOSTER, 186 Minn. 8 (1932)
242 N.W. 334 A. J. CONOLLY v. HERBERT I. FOSTER AND OTHERS.[1] No. 28,610.Supreme Court of Minnesota. April 15, 1932. [1] Reported in 242 N.W. 334. Broker — trader’s duty when informed of insufficient margin. 1. Where a trader, who has a large account carried on margin by his stockbrokers, is informed that by reason […]
SWENO v. GUTCHES, 191 Minn. 24 (1934)
252 N.W. 839 HENRY SWENO v. M. E. GUTCHES.[1] No. 29,893.Supreme Court of Minnesota. February 16, 1934. [1] Reported in 252 N.W. 839. Election — contest — findings — review. 1. A candidate for election for county commissioner, meeting two or three neighbors on the road on election day, carried them to the polls in […]
STATE v. BAILEY, A10-200 (Minn.App. 1-25-2011)
State of Minnesota, Respondent, v. James Earl Bailey, Appellant. No. A10-200.Minnesota Court of Appeals. Filed January 25, 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 […]
NORDIN v. L.S. DONALDSON CO., 441 N.W.2d 516 (Minn.App. 1989)
Hartley NORDIN, et al., Respondent, v. L.S. DONALDSON COMPANY, et al., Defendants and Third Party Plaintiffs, v. The CITY OF MINNEAPOLIS, Third-Party Defendant, Oxford Properties, U.S., Ltd., et al., Appellants. No. C8-89-47.Minnesota Court of Appeals. June 6, 1989. Review Denied July 27, 1989. Appeal from the Hennepin County District Court, O. Harold Odland, J. Page […]
MILLER v. ANDERSON, 394 N.W.2d 279 (Minn.App. 1986)
Paul K. MILLER, Respondent, v. Warren Mixer ANDERSON, a.k.a. Warren M. Anderson, et al., Appellants. Victoria State Bank, et al., Defendants. No. C8-86-583.Minnesota Court of Appeals. October 14, 1986. Appeal from the District Court, Hennepin County, Patrick W. Fitzgerald, J. Page 280 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF […]
DAMMANN v. DAMMANN, 351 N.W.2d 651 (Minn.App. 1984)
In re the Marriage of Jerrilyn Sue DAMMANN, petitioner, Respondent, v. Leo Frederick DAMMANN, Appellant. No. C0-83-1986.Minnesota Court of Appeals. June 26, 1984. Appeal from the County Court, Wabasha County, Dennis H. Weber, J. Syllabus by the Court Where no unfair hardship appears on the record, the trial court improperly invaded nonmarital assets of one […]
PETERSON v. NORTHWEST AIRLINES, A07-1704 (Minn. 10-1-2008)
Gregory S. Peterson v. Northwest Airlines, Department of Employment and Economic Development. No. A07-1704.Supreme Court of Minnesota. Filed October 1, 2008. ORDERS ON PETITIONS FOR FURTHER REVIEW Denied Page 1
STATE v. WARR, A08-1710 (Minn. 1-19-2010)
State v. William A. Warr. No. A08-1710.Supreme Court of Minnesota. Filed January 19, 2010. ORDERS ON PETITIONS FOR FURTHER REVIEW Denied Page 1
STATE v. R.M.H., 602 N.W.2d 411 (Minn.App. 1999)
State of Minnesota, Respondent, v. R.M.H., Appellant. No. C0-99-559.Minnesota Court of Appeals. Filed November 16, 1999. Review Granted January 18, 2000. Becker County District Court, File No. J59850626. Reversed SYLLABUS The state lacks subject matter jurisdiction to prosecute an enrolled member of one Indian tribe for speeding and driving without a license on the reservation […]