Hilary Ziols, petitioner, Respondent, v. Rice County Board of Commissioners, Appellant. No. C3-02-1667.Minnesota Court of Appeals. Filed: May 20, 2003. Appeal from the District Court, Rice County, File No. C802884. Page 284 SYLLABUS 1. A county board must consider the equal population principle in redistricting its commissioner districts pursuant to Minn. Stat. § 375.025, subd. […]
Category: Minnesota Court Opinions
BAAR v. BAAR, 210 Minn. 384 (1941)
298 N.W. 455 JOSEPH BAAR AND OTHERS v. TYRA BAAR AND ANOTHER.[1] No. 32,384.Supreme Court of Minnesota. June 6, 1941. [1] Reported in 298 N.W. 455. Deed — effectiveness of deeds to create joint tenancy — time of execution. Where in order to effect a transfer of title from a husband alone to himself and […]
MARRIAGE OF JOHNSON v. JOHNSON, A04-1577 (Minn.App. 5-24-2005)
In re the Marriage of: Marvin Frank Johnson, petitioner, Respondent, v. Joyce Presley Johnson, Appellant. No. A04-1577.Minnesota Court of Appeals. Filed May 24, 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 [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn.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. […]
FLETCHER v. COMMISSIONER OF PUBLIC SAFETY, C9-02-2242 (Minn.App. 8-12-2003)
Kevin Peter Fletcher, petitioner, Appellant, vs. Commissioner of Public Safety, Respondent. No. C9-02-2242.Minnesota Court of Appeals. Filed August 12, 2003. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2002). Appeal from […]
STATE v. CZECH, 343 N.W.2d 854 (Minn. 1984)
STATE of Minnesota, Respondent, v. Martin CZECH, Appellant. No. C1-82-898.Supreme Court of Minnesota. February 10, 1984. Appeal from the District Court, Stearns County, Donald A. Gray, J. Page 855 Syllabus by the Court 1. Evidence supports defendant’s conviction of aggravated robbery. 2. Trial court did not err in admitting tape recording of conversation defendant had […]
POWELL v. TOWNSHIP OF CARLOS, 177 Minn. 372 (1929)
225 N.W. 296 R. W. POWELL AND ANOTHER v. TOWNSHIP OF CARLOS AND OTHERS.[1] No. 27,225.Supreme Court of Minnesota. May 3, 1929. [1] Reported in 225 N.W. 296. Discretion of town board respecting removal of trees and hedges from highways. 1. The power given by G. S. 1923 (1 Mason, 1927) § 2609, to the […]
MATTER OF PETERSON, 396 N.W.2d 858 (Minn.App. 1986)
In the Matter of Donald PETERSON. No. C7-86-1546.Minnesota Court of Appeals. December 2, 1986. Appeal from the District Court, Hennepin County, Lindsay G. Arthur, J. Syllabus by the Court 1. The trial court’s findings that appellant is mentally ill and dangerous are supported by the evidence. 2. The committing court properly refused to review the […]
IN RE DISCIPLINARY ACTION AGAINST GUST, 549 N.W.2d 627 (Minn. 1996)
In re Petition for DISCIPLINARY ACTION AGAINST Robert P. GUST, an Attorney at Law of the State of Minnesota. No. C7-96-1077.Supreme Court of Minnesota. July 3, 1996. ORDER WHEREAS, the Director of the Office of Lawyers Professional Responsibility has filed a petition for disciplinary action alleging that respondent, Robert P. Gust has committed unprofessional conduct, […]
FREEMAN v. STATE, A07-1800 (Minn.App. 11-10-2008)
Nathan B. Freeman, petitioner, Appellant, v. State of Minnesota, Respondent. No. A07-1800.Minnesota Court of Appeals. Filed November 10, 2008. Page 1 [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 […]
SANDERS v. FABIAN, A07-1874 (Minn.App. 9-2-2008)
Ofiong Louis Sanders, petitioner, Respondent, v. Joan Fabian, Commissioner of Corrections, Appellant. No. A07-1874.Minnesota Court of Appeals. Filed September 2, 2008. Page 1 [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 […]
SCHAFF v. CHATEAU COMMUNITIES, INC., A04-1246 (Minn. 9-28-2005)
Ronald Schaff, et al. v. Chateau Communities, Inc., d/b/a Cedar Knolls Manufactured Home Park. No. A04-1246.Supreme Court of Minnesota. September 28, 2005. Order on petition for further review Denied.
JONES v. SENTRY INS. CO., 462 N.W.2d 90 (Minn.App. 1990)
Betty Coleman JONES, as trustee for the heirs and next of kin of Andrew Kyles, Jr., Appellant, v. SENTRY INSURANCE COMPANY, a Mutual Company, Respondent. No. C2-90-1295.Minnesota Court of Appeals. October 30, 1990. Appeal from the District Court, Ramsey County, Kenneth J. Fitzpatrick, J. Syllabus by the Court An insured’s acceptance of a settlement offer […]
LEY v. DOHERTY, 215 Minn. 104 (1943)
9 N.W.2d 327 CLARICE S. LEY v. MICHAEL J. DOHERTY AND OTHERS. STATE DEPARTMENT OF SOCIAL SECURITY, DIVISION OF EMPLOYMENT AND SECURITY, RESPONDENT.[1] No. 33,390.Supreme Court of Minnesota. April 22, 1943. [1] Reported in 9 N.W.2d 327. Master and servant — discharge of employe — right to unemployment benefits. On appeal from an order of […]
BOND v. VALEK, C4-97-947 (Minn.App. 10-7-1997)
Curtis Alan Bond, petitioner, Appellant, v. Jennifer Thompson Valek, f/k/a Jennifer Lynn Thompson, Respondent. No. C4-97-947.Minnesota Court of Appeals. Filed October 7, 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 […]
KARRAS v. GREAT NORTHERN RY. CO., 167 Minn. 140 (1926)
208 N.W. 655 GEORGE KARRAS v. GREAT NORTHERN RAILWAY COMPANY.[1] Nos. 25,258, 25,259.Supreme Court of Minnesota. April 16, 1926. [1] Reported in 208 N.W. 655. Judgment notwithstanding verdict sustained. Upon the facts stated in the opinion it is held: That because of the construction and operation of the machinery involved and the nature of plaintiff’s […]
DAILEY v. WIBORG, 366 N.W.2d 736 (Minn.App. 1985)
John L. DAILEY, Respondent, v. Barbara WIBORG, et al., Appellants. No. C7-84-1686.Minnesota Court of Appeals. May 7, 1985. Appeal from the District Court, Hennepin County, Delila F. Pierce, J. Syllabus by the Court The trial court did not abuse its discretion in denying a motion for a new trial. Steven F. Mattaini, Sahr, Kunert Tambornino, […]
IN MATTER OF WILSON, C3-00-434 (Minn.App. 8-22-2000)
In the Matter of: Crawford Wilson. No. C3-00-434.Minnesota Court of Appeals. Filed August 22, 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, Hennepin County, […]
CARLSON v. STATE, A09-1558 (Minn.App. 2-2-2010)
David Richard Carlson, petitioner, Appellant, v. State of Minnesota, Respondent. No. A09-1558.Minnesota Court of Appeals. February 2, 2010. Page 2 Appeal from the St. Louis County District Court, Hon. Heather L. Sweetland. RECENT ORDER OPINIONS Judge KEVIN G. ROSS Affirmed.
SEIVERT v. CITY COUNCIL OF CITY OF SLEEPY EYE, A08-1757 (Minn. 9-29-2009)
David Seivert v. City Council of the City of Sleepy Eye. No. A08-1757.Supreme Court of Minnesota. Filed September 29, 2009. ORDERS ON PETITIONS FOR FURTHER REVIEW Denied Page 2
STATE v. BUCHOLZ, 169 Minn. 226 (1926)
210 N.W. 1006 STATE v. CHARLES BUCHOLZ.[1] Nos. 25,588, 25,592.Supreme Court of Minnesota. November 26, 1926. [1] Reported in 210 N.W. 1006. When maker of seed grain note may recoup damages for fraud of state’s representative. In an action by the state to recover on a seed grain note, the defendant is not prevented from […]
TULLIS v. FEDERATED MUT. INS. CO., 570 N.W.2d 309 (Minn. 1997)
Marc TULLIS, Respondent, v. FEDERATED MUTUAL INSURANCE COMPANY, et al., Respondent, Work Recovery Centers of Minnesota, Inc., petitioner, Appellant, Sara Schneider, et al., Defendants. No. C7-96-687.Supreme Court of Minnesota. October 30, 1997. Rehearing Denied December 10, 1997. Appeal from the District Court, Hennepin County, Pamela G. Alexander, J. Page 310 Syllabus by the Court An […]
BETZOLD v. BRIDGESTONE/FIRESTONE, INC., C9-96-92 (Minn.App. 8-13-1996)
MARGARET M. BETZOLD, TRUSTEE FOR THE HEIRS OF BRADLEY, Plaintiff, v. BRIDGESTONE/FIRESTONE, INC., subsidiary of BRIDGESTONE CORPORATION OF JAPAN (formerly known as FIRESTONE TIRE RUBBER COMPANY), an OHIO CORPORATION, and DLR CONSTRUCTION CO., a MINNESOTA CORPORATION, Defendants, and DLR CONSTRUCTION CO., a MINNESOTA CORPORATION, defendant and third-party plaintiff, Appellant, v. RUD CONSTRUCTION, INC., third-party defendant, […]
PARR v. PARR, 173 Minn. 253 (1927)
217 N.W. 107 HARRY PARR v. HUGH PARR.[1] No. 26,392.Supreme Court of Minnesota. December 30, 1927. [1] Reported in 217 N.W. 107. Plaintiff entitled to recover for his labor in threshing. The plaintiff contracted to thresh the grain on two farms of the defendant as soon as it was possible. Before this, as the defendant […]
STATE v. GONZALEZ, A03-846 (Minn.App. 6-1-2004)
State of Minnesota, Respondent, v. Mario Gonzalez, Appellant. No. A03-846.Minnesota Court of Appeals. Filed June 1, 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 Court, […]
MILLIREN v. FEDERAL LIFE INSURANCE CO., 185 Minn. 614 (1932)
242 N.W. 290 CECIL M. MILLIREN v. FEDERAL LIFE INSURANCE COMPANY.[1] No. 28,823.Supreme Court of Minnesota. April 8, 1932. [1] Reported in 242 N.W. 290. Insurance — accident — action for death. In this action by the beneficiary named in an accident insurance policy issued to his wife, to recover for her death resulting directly […]
KMART CORP. v. COUNTY OF BECKER, 709 N.W.2d 238 (Minn. 2006)
KMART CORPORATION, Relator, v. COUNTY OF BECKER, Respondent. No. A05-1069.Supreme Court of Minnesota. February 9, 2006. Page 239 Syllabus by the Court The tax court’s property valuation was reasonably supported by the evidence as a whole and not clearly erroneous. Affirmed. Thomas R. Wilhelmy, Laurie J. Miller, Fredrikson Byron, P.A., Minneapolis, MN, for appellant. Gretchen […]
STATE v. WHITECLOUD, 290 Minn. 277 (1971)
187 N.W.2d 694 STATE v. VERLE ERNEST WHITECLOUD. No. 41925.Supreme Court of Minnesota. May 28, 1971. Criminal law — robbery conviction — sufficiency of evidence. Since the findings of the trial court are entitled to the same weight as the verdict of a jury in a criminal case, and the trial court could reasonably choose […]
IN RE ANSWER OF MINNESOTA POWER LIGHT CO., 289 Minn. 64 (1970)
182 N.W.2d 685 IN RE ANSWER OF MINNESOTA POWER LIGHT COMPANY FOR DETERMINATION OF OBJECTIONS TO CERTAIN TAXES v. TAXING DISTRICT, CITY OF FRASER, SCHOOL DISTRICT NO. 695. No. 42523.Supreme Court of Minnesota. December 24, 1970. Taxation — exemption — personal property used to produce or distribute marketable products — applicability to electricity. Electricity or […]
STATE v. WALLACE, 279 Minn. 196 (1968)
156 N.W.2d 206 STATE v. MARTIN JOHN WALLACE. No. 39,560.Supreme Court of Minnesota. February 2, 1968. Criminal law — burglary conviction — sufficiency of evidence — adequacy of representation. Upon a review of the defendant’s conviction of the crime of burglary, it is held that the evidence is sufficient to support the jury’s verdict of […]
MANKATO FREE PRESS v. CITY OF N. MANKATO, 563 N.W.2d 291 (Minn.App. 1997)
MANKATO FREE PRESS CO., d/b/a The Free Press, Appellant, v. CITY OF NORTH MANKATO, et al., Respondents. No. C9-96-2277.Minnesota Court of Appeals. May 13, 1997. Appeal from the Nicollet County District Court, Terence M. Dempsey, J. Page 292 Syllabus by the Court 1. The Government Data Practices Act, Minn.Stat. § 13.43, subd. 3 (1996), requires […]
SARIC v. STOVER, 451 N.W.2d 65 (Minn.App. 1990)
George SARIC, et al., Respondents, v. Mildred Marion STOVER, Respondent, Joyce Willprecht-Sandgren, Appellant. No. CX-89-2303.Minnesota Court of Appeals. February 6, 1990. Syllabus by the Court Where an order directs that judgment be entered, proper appeal is from resulting judgment, even if the order would have been appealable, in the absence of such direction. Charles T. […]
STATE v. OLDENBURG, A09-1273 (Minn.App. 6-1-2010)
State of Minnesota, Respondent, v. Casey Jo Oldenburg, Appellant. No. A09-1273.Minnesota Court of Appeals. Filed: June 1, 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 […]
TPW, INC. v. CITY OF NEW HOPE, 388 N.W.2d 390 (Minn.App. 1986)
TPW, INC., Petitioner, Respondent, v. CITY OF NEW HOPE, Appellant. No. CX-85-1837.Minnesota Court of Appeals. June 3, 1986. Review Denied August 13, 1986. Appeal from the District Court, Hennepin County, Charles A. Porter, J. Page 391 Syllabus by the Court 1. The trial court erred in issuing a writ of mandamus requiring the City of […]
CZUPIY v. NORTH STAR TIMBER CO., 220 Minn. 117 (1945)
20 N.W.2d 489 HARRY CZUPIY AND OTHERS v. NORTH STAR TIMBER COMPANY.[1] , [2] No. 34,181.Supreme Court of Minnesota. October 22, 1945. [1] Reported in 20 N.W.2d 489. [2] Certiorari denied by U.S. Supreme Court March 11, 1946. Appeal by plaintiffs from a judgment of the district court for St. Louis county, Edward Freeman, Judge, […]
STORCK v. STORCK, C9-98-1800 (Minn.App. 5-25-1999)
Sheila Storck, Appellant, v. Raymond Storck, et al., Respondents. No. C9-98-1800.Minnesota Court of Appeals. Filed May 25, 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 […]
MORRISON v. DOYLE, 570 N.W.2d 692 (Minn.App. 1997)
Michael A. MORRISON, et al., Respondents, v. William DOYLE, Sr., et al., Appellants. No. C4-97-558.Minnesota Court of Appeals. November 18, 1997. Review Granted January 22, 1998. Appeal from the District Court, Hennepin County, Isabel Gomez, J. Page 693 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY […]
STATE v. BERTHIAUME, 259 N.W.2d 904 (Minn. 1977)
STATE of Minnesota, et al., Respondents, v. Euclid BERTHIAUME, et al., Appellants. No. 47249.Supreme Court of Minnesota. November 4, 1977. Appeal from the District Court, Ramsey County, Harold S. Schultz, J. Page 905 Syllabus by the Court 1. The Uniform Arbitration Act, Minn.St. c. 572, governs the authority and procedure for judicial interference with the […]
BENSON v. WINONA KNIGHTS OF COLUMBUS, 189 Minn. 622 (1933)
250 N.W. 673 CHARLES E. BENSON v. WINONA KNIGHTS OF COLUMBUS AND ANOTHER.[1] No. 29,483.Supreme Court of Minnesota. October 27, 1933. [1] Reported in 250 N.W. 673. Workmen’s compensation act — permanent total disability. Whether respondent’s injuries had totally incapacitated him from working at an occupation which would bring him an income, hence constituting total […]
HAYDEN v. LUNDGREN, 175 Minn. 449 (1928)
221 N.W. 715 A. J. HAYDEN v. L. J. LUNDGREN.[1] No. 26,907.Supreme Court of Minnesota. November 2, 1928. [1] Reported in 221 N.W. 715. Question for jury. 1. Under the evidence the question whether plaintiff was guilty of contributory negligence was for the jury. Where request for explanation of charge was not made, appellant’s complaint […]
WRIGHT v. STATE, C9-97-1592 (Minn.App. 3-24-1998)
Karen Yvette Wright, petitioner, Appellant, v. State of Minnesota, Respondent. No. C9-97-1592.Minnesota Court of Appeals. Filed March 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. 3 (1996). Appeal from the […]
MILLER v. ROBERTS, C2-99-1616 (Minn.App. 7-18-2000)
Todd Miller, Appellant, vs. Charles Tobin Roberts, et al., Respondents. No. C2-99-1616.Minnesota Court of Appeals. Filed July 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 […]
IN RE MDK, 534 N.W.2d 271 (Minn. 1995)
In re Charges of Unprofessional Conduct against MDK, an Attorney at Law of the State of Minnesota. No. C3-95-451.Supreme Court of Minnesota. July 14, 1995. John C. McNulty, Charlotte M. Reed, St. Paul, for appellant. Marcia A. Johnson, Director, Lawyers Professional Responsibility Bd., Martin A. Cole, Sr. Asst. Director, St. Paul, for respondent. Considered and […]
STATE EX REL. OLSON v. GUILFORD, 179 Minn. 40 (1929)
228 N.W. 326 STATE EX REL. FLOYD B. OLSON v. HOWARD A. GUILFORD AND OTHERS.[1] No. 27,380.Supreme Court of Minnesota. December 20, 1929. [1] Reported in 228 N.W. 326. L. 1925, c. 285, authorizing abatement of scandalous newspaper, constitutional. L. 1925, c. 285, does not violate the due process of law guaranty contained in our […]
WOJTALEWICZ v. SCHOEP, C2-99-1146 (Minn.App. 1-18-2000)
Wojtalewicz Hohman Law Firm, Ltd., f/n/a Wojtalewicz, Hohman Schoep, Chtd., Respondent, v. Linda Schoep, et al., Appellants. No. C2-99-1146.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. § […]
STATE v. DORE, C6-01-468 (Minn.App. 9-11-2001)
State of Minnesota, Respondent, v. Brian Patrick Dore, Appellant. No. C6-01-468Minnesota Court of Appeals. Filed September 11, 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 […]
IN MATTER OF THE WELFARE OF J.G.F., C6-96-2317 (Minn.App. 7-1-1997)
IN THE MATTER OF THE WELFARE OF: J.G.F. No. C6-96-2317.Minnesota Court of Appeals. Filed July 1, 1997. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (1996). Appeal from the District Court, […]
RANDOLPH v. THOMPSON, 174 Minn. 283 (1928)
219 N.W. 91 GRACE RANDOLPH v. AMANDA THOMPSON.[1] No. 26,646.Supreme Court of Minnesota. April 13, 1928. [1] Reported in 219 N.W. 91. Verdict for landlord’s share of crop was sustained by evidence. The verdict is sustained by the evidence. The charge of the court fairly and properly submitted the issues as finally framed. Defendant appealed […]
MURPHY v. COMMI. OF HUMAN SERVS., 765 N.W.2d 100 (Minn.App. 2009)
Shannon Rae MURPHY, Relator, v. COMMISSIONER OF HUMAN SERVICES, Respondent (A08-1042), Minnesota Commissioner of Health, Respondent (A08-1148). Nos. A08-1042, A08-1148.Minnesota Court of Appeals. May 5, 2009. Page 101 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 102 SYLLABUS Under the Department of […]
HICKMAN v. SAFECO INSURANCE CO. OF AMERICA, A03-2042 (Minn.App. 8-17-2004)
Dennis Hickman, Appellant, v. SAFECO Insurance Company of America, a foreign corporation, Respondent, Guaranty Residential Lending, Inc., a foreign corporation, Respondent. No. A03-2042.Minnesota Court of Appeals. Filed August 17, 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 […]
HOLMQUIST v. STATE, 409 N.W.2d 243 (Minn.App. 1987)
Gerald HOLMQUIST, Appellant, v. STATE of Minnesota, Respondent. No. CX-86-2206.Minnesota Court of Appeals. July 14, 1987. Review Granted September 23, 1987. Appeal from the District Court, Benton County, Richard J. Ahles, J. Page 244 Syllabus by the Court Because there is a material issue of fact as to whether the State created a pitfall, trap […]
STATE v. PORTER, 274 Minn. 306 (1966)
143 N.W.2d 822 STATE v. ARTHUR PORTER. No. 39,742.Supreme Court of Minnesota. June 24, 1966. Criminal law — plea of guilty — acceptance — propriety. On appeal from a judgment of conviction entered upon a plea of guilty, it is held that the record supports the determination of the trial judge that the plea of […]
STATE v. TOWNLEY, C9-98-582 (Minn.App. 11-17-1998)
State of Minnesota, Respondent, v. James Everett Townley, Appellant. No. C9-98-582.Minnesota Court of Appeals. Filed November 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 (1996). Appeal from the District […]
MEAD v. SEABOARD SURETY CO., 198 Minn. 476 (1936)
270 N.W. 563 WILLIAM MEAD v. SEABOARD SURETY COMPANY.[1] No. 30,983.Supreme Court of Minnesota. December 18, 1936. [1] Reported in 270 N.W. 563. Contract — construction — language of contract — intention of parties. 1. The object of construction is to ascertain and give effect to the intention of the parties as expressed in the […]
STATE, BY SKEIE v. MINNKOTA POWER COOP., INC., 281 N.W.2d 372 (Minn. 1979)
STATE of Minnesota, by Arnold K. SKEIE and Jacqueline A. Skeie, Appellants, v. MINNKOTA POWER COOPERATIVE, INC., Respondent. No. 48847.Supreme Court of Minnesota. June 15, 1979. Appeal from the District Court, Polk County, Robert Peterson, J. Syllabus by the Court A prima facie case under the Minnesota Environmental Rights Acrt is not made by showing […]
STATE v. PERKINS, 582 N.W.2d 876 (Minn. 1998)
STATE of Minnesota, pet. Appellant, v. Donald PERKINS, Respondent. No. CX-97-905.Supreme Court of Minnesota. July 2, 1998. Appeal from the District Court, Lawrence Collins, J. Syllabus by the Court Miscommunication between the trial court and the state resulted in the state failing to address the issue of police entry at the omnibus hearing; accordingly, the […]
McSPARRON-KANNENBERG v. KANNENBERG, C1-98-88 (Minn.App. 6-23-1998)
LISA McSPARRON-KANNENBERG, for herself and on behalf of T.K., petitioner, Respondent, v. WILLIAM LANE KANNENBERG, Appellant. No. C1-98-88.Minnesota Court of Appeals. Filed June 23, 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, […]
OMAN v. DAIG CORP., 375 N.W.2d 533 (Minn.App. 1985)
Kathleen A. OMAN, Relator, v. DAIG CORPORATION, Department of Economic Security, Respondents. No. CX-85-798.Minnesota Court of Appeals. October 15, 1985. Page 534 Syllabus by the Court Evidence here on relator’s isolated confrontation with a co-worker does not support a finding of misconduct within the meaning of Minn.Stat. § 268.09 subd. 1(2) (1984). Scott W. Lofthus, […]
AFSCME, COUNCIL NO. 65 v. STATE, PERB, 372 N.W.2d 786 (Minn.App. 1985)
AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL EMPLOYEES, COUNCIL NO. 65, Relator, v. STATE of Minnesota, PUBLIC EMPLOYMENT RELATIONS BOARD, Cass County, Minnesota, Respondents. No. C7-85-337.Minnesota Court of Appeals. August 20, 1985. Review Denied October 24, 1985. Appeal from the Public Employment Relations Board. Page 787 Syllabus by the Court A statute expanding the definition […]
MATTER OF NSP RED WING ASH DISPOSAL FAC., 421 N.W.2d 398 (Minn.App. 1988)
In the Matter of the SOLID WASTE PERMIT FOR THE NSP RED WING ASH DISPOSAL FACILITY to be located in Red Wing, Minnesota. No. C1-87-1696.Minnesota Court of Appeals. March 29, 1988. Review Denied May 18, 1988. Page 399 Syllabus by the Court Petitioners failed to show they were entitled to a contested case hearing where […]
IN RE ESTATE OF HOFFMANN, C2-98-410 (Minn.App. 9-15-1998)
IN RE: ESTATE OF DOROTHIE M. HOFFMANN, Deceased, AND IN RE: THE TRUST OF DOROTHIE M. HOFFMAN UNDER AGREEMENT DATED DECEMBER 31, 1990. No. C2-98-410.Minnesota Court of Appeals. Filed September 15, 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 […]
STATE v. GILLEN, A06-26 (Minn.App. 5-1-2007)
State of Minnesota, Respondent, v. Joshua Michael Gillen, Appellant. No. A06-26.Minnesota Court of Appeals. Filed: May 1, 2007. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2006). Appeal from the District […]
JOHNSON v. COMMISSIONER OF PUBLIC SAFETY, CX-99-245 (Minn. 10-21-1999)
Richard Jerome Johnson v. Commissioner of Public Safety. No. CX-99-245.Supreme Court of Minnesota. October 21, 1999. Denied
STATE v. PEDERSON, 262 Minn. 568 (1962)
115 N.W.2d 466 STATE v. BEN E. PEDERSON.[*] No. 38,491.Supreme Court of Minnesota. May 25, 1962. [*] Certiorari denied by U.S. Supreme Court November 5, 1962. Coram nobis — purpose of writ. 1. Coram nobis is an extraordinary common-law writ used for the purpose of correcting a judgment in the court in which it was […]
IN RE NELSON v. NELSON, C8-96-522 (Minn.App. 9-3-1996)
In Re the Marriage of: Patricia Louise Nelson, petitioner, Respondent, v. Douglas Lloyd Nelson, Appellant. No. C8-96-522.Minnesota Court of Appeals. Filed September 3, 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. […]
BORCHARDT v. KULICK, 234 Minn. 308 (1951)
48 N.W.2d 318 CORNELIUS H. BORCHARDT v. APOLONIA KULICK AND ANOTHER, d. b. a. KULICK MOTOR SALES.[1] No. 35,409.Supreme Court of Minnesota. June 8, 1951. [1] Reported in 48 N.W.2d 318. Appeal and error — law of case on appeal — instructions unobjected to. 1. Instructions unobjected to become the law of the case and, […]
STATE v. ESSIG, C2-99-1910 (Minn.App. 8-1-2000)
State of Minnesota, Respondent, vs. James Russell Essig, Appellant. No. C2-99-1910.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 be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (1998). Appeal from the District […]
MILLER v. BERG, 190 Minn. 352 (1933)
251 N.W. 682 C. A. MILLER v. JOHN BERG.[1] No. 29,601.Supreme Court of Minnesota. December 22, 1933. [1] Reported in 251 N.W. 682. Evidence — secondary evidence as to citizenship. 1. (a) A naturalization certificate issued by the clerk of court when shown to have been so issued and thereafter lost or destroyed by fire, […]
PIEPHO v. SCOTT’S AUTO REPAIR, C3-97-1846 (Minn.App. 3-24-1998)
Loren Piepho, et al., Appellants, v. Scott’s Auto Repair, Inc., d/b/a Steve’s Custom Rebuilt Engines, Respondent. No. C3-97-1846.Minnesota Court of Appeals. Filed March 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, […]
McNULTY CONSTRUCTION CO. v. CITY OF DEEPHAVEN, A09-1625 (Minn. 10-19-2010)
McNulty Construction Company v. City of Deephaven. No. A09-1625.Supreme Court of Minnesota. Filed October 19, 2010. ORDERS ON PETITIONS FOR FURTHER REVIEW Denied Page 1
SCHNEIDER v. BUCKMAN, 433 N.W.2d 98 (Minn. 1988)
Mark A. SCHNEIDER, Petitioner, Appellant, v. Harold BUCKMAN, individually and d/b/a Buckman-Schierts Ambulance Service, Respondent, Pam Buckman, Respondent. No. C5-87-3.Supreme Court of Minnesota. December 23, 1988. Appeal from the District Court, Wabasha County, S.A. Sawyer, J. Page 99 Syllabus by the Court 1. Defendant employer is liable for the 25% negligence attributable to his employee […]
STATE v. HANSON, 732 N.W.2d 312 (Minn.App. 2007)
STATE of Minnesota ex rel. Speaker of House of Representatives Hon. Steve SVIGGUM, et al., petitioners, Appellants, v. Tom HANSON in his official capacity as Commissioner of Finance or his successor, et al., Respondents. No. A06-840.Minnesota Court of Appeals. May 22, 2007. Appeal from the District Court, Ramsey County, Gregg E. Johnson, J. Page 313 […]
OLSON v. PETTIBONE, 168 Minn. 414 (1926)
210 N.W. 149 AXEL OLSON AND ANOTHER v. GEORGE T. PETTIBONE AND OTHERS.[1] No. 25,638.Supreme Court of Minnesota. October 1, 1926. [1] Reported in 210 N.W. 149. Vendors may rescind executory contract of sale because of misrepresentation as to financial responsibility of vendee. 1. Misrepresentation as to the financial responsibility of a purchaser in an […]
JOEL D. ANDERS v. FILMTEC CORP., C6-98-2063 (Minn.App. 6-22-1999)
Joel D. Anders, Relator, v. Filmtec Corporation, Respondent, Commissioner of Economic Security, Respondent. No. C6-98-2063.Minnesota Court of Appeals. Filed June 22, 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). […]
BERG v. HOWARD BOHANON ROOFING, 586 N.W.2d 269 (Minn. 1998)
Richard BERG, Respondent, v. HOWARD BOHANON ROOFING, and Farmers Insurance Group, Relator, and State Treasurer, as Custodian of Special Compensation Fund. No. C6-98-1740.Supreme Court of Minnesota. November 17, 1998. Craig B. Nichols, Hansen, Dordell, Bradt, Odlaug Bradt, P.L.L.P., Hubert H. Humphrey, III, Atty. Gen., St. Paul, for relator. Kenneth G. Treinen, Jr., Bloomington, for respondent. […]
SCHWARTZ v. COM’R OF PUBLIC SAFETY, 422 N.W.2d 761 (Minn.App. 1988)
Timothy Jeffrey SCHWARTZ, Petitioner, Respondent, v. COMMISSIONER OF PUBLIC SAFETY, Appellant. No. C3-87-2218.Minnesota Court of Appeals. May 3, 1988. Appeal from the District Court, Hennepin County, Steven Z. Lange, J. Syllabus by the Court The trial court properly ruled that the officer did not have specific and articulable facts which warranted an investigatory stop of […]
IN RE PETITION FOR DIS. ACT. AGT. INDRITZ, 607 N.W.2d 139 (Minn. 2000)
In Re Petition for Disciplinary Action against Richard N. Indritz, an Attorney at Law of the State of Minnesota. No. C7-99-1627.Supreme Court of Minnesota. Filed: February 29, 2000. ORDER PAGE, Associate Justice. The Director of the Office of Lawyers Professional Responsibility has filed a petition for disciplinary action alleging that respondent Richard N. Indritz has […]
GORATH v. ROCKWELL INTERN., INC., 441 N.W.2d 128 (Minn.App. 1989)
Gregory P. GORATH, Respondent (C6-88-2322) Appellant (C8-88-2354), v. ROCKWELL INTERNATIONAL, INC., et al., Defendants and Third-Party Plaintiffs, Appellants (C6-88-2322) Respondents (C8-88-2354). Richard LEWIN, d/b/a Printing Equipment Company and Printing Equipment and Supplies, Respondent (C8-88-2354), v. DAVIES PRINTING COMPANY, Third-Party Defendant, Respondent. Nos. C6-88-2322, C8-88-2354.Minnesota Court of Appeals. May 30, 1989. Appeal from the District Court […]
BYARD v. COMMISSIONER OF TAXATION, 209 Minn. 215 (1941)
296 N.W. 10 LEE BROOKS BYARD v. COMMISSIONER OF TAXATION.[1] No. 32,495.Supreme Court of Minnesota. January 17, 1941. [1] Reported in 296 N.W. 10. Taxation — income tax — partner and calendar year taxpayer — computation of tax. 1. A partner and calendar year taxpayer must compute the tax imposed upon his distributive share in […]
THORNBLAD v. GOODNO, A06-1620 (Minn.App. 1-30-2007)
Joseph D. Thornblad, Appellant, v. Kevin Goodno, Commissioner of Human Services, Respondent. No. A06-1620.Minnesota Court of Appeals. Filed January 30, 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). Judicial […]
BRAKKE v. BEARDSLEY, 279 N.W.2d 798 (Minn. 1979)
Ronald BRAKKE, Respondent, v. Mark A. BEARDSLEY, Clay County Codes Administrator and the State of Minnesota, Respondents, Henry Corneliussen, Jr., et al., Intervenors, Appellants. No. 48995.Supreme Court of Minnesota. April 20, 1979. Appeal from the District Court, Clay County, Gaylord A. Saetre, J. Page 799 Syllabus by the Court Intervention in a zoning dispute after […]
IN RE PETITION OF HAMM v. STATE, 255 Minn. 64 (1959)
95 N.W.2d 649 IN RE PETITION OF HARRY C. HAMM AND ANOTHER v. STATE. Nos. 37,594, 37,595.Supreme Court of Minnesota. March 6, 1959. Constitution — equal-protection clause — purpose. 1. The purpose of the equal-protection clause of U.S. Const. Amend. XIV is to secure every person within the state’s jurisdiction against intentional and arbitrary discrimination, […]
FRIENDS OF THE RIVERFRONT v. DeLASALLE H.S., A06-2222 (Minn.App. 11-20-2007)
Friends of the Riverfront, et al., Relators, v. DeLaSalle High School, Respondent, City of Minneapolis, Respondent. Nos. A06-2222, A07-944.Minnesota Court of Appeals. Filed November 20, 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. § […]
STATE v. WILLIAMS, C1-96-2242 (Minn.App. 4-22-1997)
State of Minnesota, Appellant, v. Anthony Cortez Williams, Respondent. No. C1-96-2242.Minnesota Court of Appeals. Filed April 22, 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 […]
STATE v. LIVINGSTON, 420 N.W.2d 223 (Minn.App. 1988)
STATE of Minnesota, Respondent, v. Robert Joseph LIVINGSTON, Appellant. No. C4-87-834.Minnesota Court of Appeals. March 1, 1988. Appeal from the District Court, Hennepin County, Franklin J. Knoll, J. Page 224 Syllabus by the Court 1. The evidence is sufficient to support the conviction on all counts. 2. It was not a due process violation for […]
HANSING v. CARLSON, A04-1986 (Minn.App. 10-4-2005)
Jeffrey David Hansing, Respondent, v. Wendy Jean Carlson, Appellant, Countrywide Home Loans, Defendant. No. A04-1986.Minnesota Court of Appeals. Filed October 4, 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). […]
STATE v. McCORVEY, 262 Minn. 361 (1962)
114 N.W.2d 703 STATE v. GLORIA SCROGGINS BUNN McCORVEY. No. 38,379.Supreme Court of Minnesota. April 19, 1962. Criminal law — trial — evidence of defendant’s character — admissibility. 1. The character of a defendant in a criminal case cannot be attacked until he or she puts it in issue by offering evidence of his or […]
IN RE DIS. CO. OF RICCI v. MINN. POLI. DEP., A09-1352 (Minn.App. 6-15-2010)
In re the Discrimination Complaint of: Anthony Ricci, complainant, Respondent, v. Minneapolis Police Department, Relator, City of Minneapolis Commission on Civil Rights, Respondent. No. A09-1352.Minnesota Court of Appeals. Filed June 15, 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 […]
PRODUCTION CREDIT ASS’N v. VAN IPEREN, 396 N.W.2d 35 (Minn.App. 1986)
PRODUCTION CREDIT ASSOCIATION OF WORTHINGTON, Minnesota, Respondent, v. Stanley VAN IPEREN, et al., Appellants. No. C4-86-726.Minnesota Court of Appeals. November 10, 1986. Review Denied January 21, 1987. Appeal from the District Court, Murray County, Jeffrey L. Flynn, J. Syllabus by the Court 1. State common law actions cannot be based on non-compliance with the federal […]
STATE v. LOPEZ-RIOS, 669 N.W.2d 603 (Minn. 2003)
State of Minnesota, Respondent, vs. Roberto Lopez-Rios, Appellant. No. C9-01-1372.Supreme Court of Minnesota. Filed: October 9, 2003. Appeal from the District Court, Hennepin County. Page 604 Affirmed as modified. Concurring specially: Gilbert, J. Page 605 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] […]
STATE v. CONAWAY, 319 N.W.2d 35 (Minn. 1982)
STATE of Minnesota, Respondent, v. Jerrold O. CONAWAY, Appellant. Nos. 51276, 51277 and 51552.Supreme Court of Minnesota. May 14, 1982. Appeal from the District Court, Hennepin County, Bruce Stone and Lindsay Arthur, JJ. Page 36 Syllabus by the Court 1. There was sufficient evidence to establish collective knowledge of probable cause to arrest appellant. 2. […]
STATE v. DUNCAN, 312 Minn. 17 (1977)
250 N.W.2d 189 STATE v. EDWARD LaVALLE DUNCAN. No. 46097.Supreme Court of Minnesota. January 21, 1977. Criminal law — pretrial lineup — restriction on dress. 1. A pretrial lineup should be conducted with all participants Page 18 wearing either civilian or prison clothing; and, although the appellant in this case was not prejudiced, the practice […]
STATE v. POZZI, C7-01-107 (Minn.App. 5-22-2001)
State of Minnesota, Respondent, v. Sean Fitzgerald Pozzi, Appellant. No. C7-01-107.Minnesota Court of Appeals. Filed May 22, 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 […]
KELLER CORPORATION v. CABLE, 207 Minn. 336 (1940)
291 N.W. 515 KELLER CORPORATION v. ELMA L. CABLE AND ANOTHER. GEORGE S. WILSON, RESPONDENT.[1] No. 32,364.Supreme Court of Minnesota. April 5, 1940. [1] Reported in 291 N.W. 515. Broker — “sole agent to sell” real estate — rights of owners — liability for commission. 1. A contract appointing one “sole agent to sell” real […]
STATE v. HAISLIP, C9-97-1270 (Minn.App. 6-2-1998)
State of Minnesota, Respondent, v. James Henderson Haislip, Appellant. No. C9-97-1270.Minnesota Court of Appeals. Filed June 2, 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 […]
IN MATTER OF GlaxoSmithKline PLC, A04-2150 (Minn. 6-28-2006)
In the Matter of GlaxoSmithKline plc. No. A04-2150.Supreme Court of Minnesota. June 28, 2006. ORDERS ON PETITIONS FOR FURTHER REVIEW Granted
IN MATTER OF OWENS, A08-430 (Minn. 10-21-2008)
In the Matter of the Civil Commitment of: Marion Otis Owens. No. A08-430.Supreme Court of Minnesota. Filed: October 21, 2008. ORDERS ON PETITIONS FOR FURTHER REVIEW Denied Page 1
ROQUEMORE v. STATE FARM MUT. AUTO INS. CO., 610 N.W.2d 694 (Minn.App. 2000)
Michael Roquemore, Appellant, vs. State Farm Mutual Automobile Insurance Company, Respondent. C8-99-1930.Minnesota Court of Appeals. Filed May 23, 2000. Hennepin County District Court, Charles A. Porter, Jr., J., File No. PI998934. Page 695 SYLLABUS Under the doctrine of ejusdem generis, the loss of an athletic scholarship does not constitute a loss of income under the […]
D A DEVELOPMENT CO. v. BUTLER, 357 N.W.2d 156 (Minn.App. 1984)
D A DEVELOPMENT COMPANY, etc., et al., Appellants, v. Walter BUTLER, Gerald Carlson, Respondents. No. C0-83-1504.Minnesota Court of Appeals. November 6, 1984. Appeal from the District Court, Ramsey County, James M. Lynch, J. Page 157 Syllabus by the Court The court properly dismissed a malpractice action because it was based on a contractual rather than […]
KRAUSE v. SWARTWOOD, 174 Minn. 147 (1928)
218 N.W. 555 ESTHER KRAUSE v. F. A. SWARTWOOD AND ANOTHER.[1] No. 26,427.Supreme Court of Minnesota. March 23, 1928. [1] Reported in 218 N.W. 555. What commission’s finding of accidental injury to employe implies. 1. Where an employe suffers chemical poisoning and the industrial commission finds that there was an accidental injury, this court will […]
STATE, BY CLARK, v. APPLEBAUMS FOOD MARKETS, INC., 259 Minn. 209 (1960)
106 N.W.2d 896 STATE, BY J. W. CLARK, COMMISSIONER OF DEPARTMENT OF BUSINESS DEVELOPMENT, v. APPLEBAUMS FOOD MARKETS, INC. No. 38,164.Supreme Court of Minnesota. December 23, 1960. Unfair competition — below-cost sales — giveaway programs — when illegal. 1. To constitute a violation of Minn. St. 325.04, et seq., as they now read, sales or […]