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 […]
Category: Minnesota Court Opinions
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 […]
STATE v. MATERNOWSKI, 297 Minn. 482 (1973)
209 N.W.2d 686 STATE v. DENNIS WAYNE MATERNOWSKI. No. 43546.Supreme Court of Minnesota. July 20, 1973. Criminal law — trial — admissibility of evidence — evidence of other crime — effect. Appeal by Dennis Wayne Maternowski from a judgment of the Hennepin County District Court, Dana Nicholson, Judge, whereby he was convicted of aggravated robbery, […]
STATE v. ROBINSON, A04-1758 (Minn.App. 9-27-2005)
State of Minnesota, Respondent, v. Izell Wright Robinson, Appellant. No. A04-1758.Minnesota Court of Appeals. Filed September 27, 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 [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn.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 […]
SPARTZ v. RIMNAC, 296 Minn. 390 (1973)
208 N.W.2d 764 F. J. SPARTZ v. JOSEPH G. RIMNAC AND ANOTHER. No. 43788.Supreme Court of Minnesota. June 22, 1973. Brokers — obtaining voidable purchase agreement — refusal by seller to perform on other grounds — right of broker to commission. Where a listing agreement provided that a broker was entitled to a commission upon […]
WILLISON v. PINE POINT EXPERIMENTAL SCH., 464 N.W.2d 742 (Minn.App. 1991)
Denise WILLISON, et al., Appellants, v. PINE POINT EXPERIMENTAL SCHOOL, et al., Respondents. No. CX-90-1450.Minnesota Court of Appeals. January 8, 1991. Appeal from the District Court, Becker County, Thomas P. Schroeder, J. Page 743 Syllabus by the Court 1. A petition for a writ of certiorari is the only procedure for reviewing a school board’s […]
STATE v. OSBORNE, A080495 (Minn.App. 1-20-2009)
State of Minnesota, Respondent, v. Anthony Osborne, Appellant. No. A080495.Minnesota Court of Appeals. January 20, 2009. Appeal from the District Court, Olmsted County, Hon. Lawrence T. Collins. RECENT ORDER OPINIONS ROGER M. KLAPHAKE, Judge. Affirmed. Page 1
ADKINS v. 1979 MIDAS R.V., 546 N.W.2d 768 (Minn.App. 1996)
Terry L. ADKINS, Rochester City Attorney, Appellant, v. 1979 MIDAS R.V., MINNESOTA LICENSE # RV28952, VIN: MIIY2E3KF00091, Respondent. No. C4-95-2189.Minnesota Court of Appeals. April 30, 1996. Appeal from District Court, Olmsted County; Hon. John S. Gowan, Judge. Page 769 Syllabus by the Court Where a motor vehicle is subject to forfeiture under Minn.Stat. § 169.1217 […]
BURMEISTER v. COMMISSIONER OF PUBLIC SAFETY, A03-541 (Minn.App. 4-7-2004)
Chris Lee Burmeister, petitioner, Appellant, v. Commissioner of Public Safety, Respondent, State of Minnesota, Respondent. Nos. A03-541, A03-543.Minnesota Court of Appeals. Filed April 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, […]
STATE v. JONES, C5-98-854 (Minn.App. 12-8-1998)
STATE OF MINNESOTA, Respondent, v. JEROME NMN JONES, Appellant. No. C5-98-854.Minnesota Court of Appeals. Filed December 8, 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 […]
STATE v. WADJA, A09-1071 (Minn.App. 7-27-2010)
State of Minnesota, Respondent, v. Ronald Joseph Wadja, Appellant. No. A09-1071.Minnesota Court of Appeals. Filed July 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 […]
IN RE DISCIPLINARY ACTION AGAINST HUNTER, 463 N.W.2d 535 (Minn. 1990)
In re Petition for DISCIPLINARY ACTION AGAINST James W. HUNTER, Jr., an Attorney at Law of the State of Minnesota. No. C2-89-934.Supreme Court of Minnesota. December 10, 1990. ORDER The Director of the Office of Lawyers Professional Responsibility has filed a petition with this court seeking revocation of probation and further disciplinary action against respondent, […]
COUNTY OF BLUE EARTH v. STAUFFENBERG, 264 N.W.2d 647 (Minn. 1978)
COUNTY OF BLUE EARTH, Respondent, v. Jerome C. STAUFFENBERG, et al., Defendants, Rudolph C. Borchert, et al., Appellants. Rudolph C. BORCHERT, et al., Appellants, v. COUNTY OF BLUE EARTH, Respondent, E. T. Niehaus, Contractor, Defendant. Nos. 47802 and 47858.Supreme Court of Minnesota. March 31, 1978. Appeal from the District Court, Blue Earth County, Miles B. […]
WHITEHILL v. SEAWAY PORT AUTHORITY, DULUTH, 349 N.W.2d 313 (Minn.App. 1984)
Daisy M. WHITEHILL, et al., Respondents, v. SEAWAY PORT AUTHORITY OF DULUTH, MINNESOTA, Respondent, and First National Bank of Columbus, Wisconsin, objector, Appellant. No. C3-83-1609.Minnesota Court of Appeals. May 29, 1984. Appeal from the District Court, St. Louis County, David S. Bouschor, J. Syllabus by the Court Provisions in the Bond Resolution governing issuance of […]
THOMSEN v. UNION LOAN FINANCE CO., 198 Minn. 137 (1936)
269 N.W. 109 LOUISE THOMSEN v. UNION LOAN FINANCE COMPANY.[1] No. 30,906.Supreme Court of Minnesota. October 16, 1936. [1] Reported in 269 N.W. 109. Corporation — stock — agreement by corporation to repurchase. 1. The evidence sustains the verdict that defendant sold certain of its shares of stock with the provision that at any time […]
FRANCIS v. PIPER, 597 N.W.2d 922 (Minn.App. 1999)
Alma Francis, Appellant, v. LaMar Piper, et al., Respondent. No. C1-99-67.Minnesota Court of Appeals. Filed August 3, 1999. Appeal from Watonwan County District Court, Warren E. Litynske, J., File No. C2-98-105. Page 923 Syllabus To maintain a legal malpractice action against an attorney, a non-client must demonstrate that the non-client was an intended third-party beneficiary […]
STATE v. HAGE, C1-98-222 (Minn.App. 10-6-1998)
State of Minnesota, Respondent, v. Cynthia Renee Hage, Appellant. No. C1-98-222.Minnesota Court of Appeals. Filed October 6, 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 […]
MATTER OF WELFARE OF THE CHILDREN OF R.H., A04-2310 (Minn.App. 8-23-2005)
In the Matter of the Welfare of the Children of: R.H. and L.H., n/k/a L.S., parents. No. A04-2310.Minnesota Court of Appeals. Filed August 23, 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, […]
BRAND v. MINNESOTA STATE RETIREMENT SYSTEM, A03-1219 (Minn.App. 5-18-2004)
Shawn Brand, Relator, v. Minnesota State Retirement System, Respondent. No. A03-1219.Minnesota Court of Appeals. Filed May 18, 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). Wilbur W. Fluegel, Fluegel […]
IN RE SCHULTZ v. SCHULTZ, C6-98-510 (Minn.App. 10-20-1998)
In Re: David J. Schultz, Appellant, v. Jacqueline A. Schultz, Respondent. No. C6-98-510.Minnesota Court of Appeals. Filed October 20, 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 […]
BULTMAN v. STATE, 290 Minn. 511 (1971)
187 N.W.2d 117 DONALD LINCOLN BULTMAN v. STATE. No. 42062.Supreme Court of Minnesota. May 7, 1971. Criminal law — postconviction proceeding — dental of relief — propriety. Appeal by Donald Lincoln Bultman from an order of the Hennepin County District Court, Tom Bergin, Judge, denying his petition for postconviction relief after he was convicted of […]
IN RE MARRIAGE OF POWERS v. DUNCAN, A04-19 (Minn.App. 10-5-2004)
In re the Marriage of: Terri Elizabeth Powers, f/k/a Terri Elizabeth Duncan, petitioner, Respondent, v. Christopher Hallman Duncan, Appellant, and Hennepin County, Intervenor. No. A04-19.Minnesota Court of Appeals. Filed October 5, 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 […]
ZARNS v. SWANVILLE STOCK SHIPPING ASSN., 177 Minn. 462 (1929)
225 N.W. 448 EDITH ZARNS v. SWANVILLE STOCK SHIPPING ASSOCIATION AND ANOTHER.[1] No. 27,215.Supreme Court of Minnesota. May 17, 1929. [1] Reported in 225 N.W. 448. Deceased was not in employ of defendant association and relator, his widow, was not entitled to compensation for his death. The defendant shipping association, a voluntary association, employed a […]
WELLNESS v. PROGRESSIVE NORTHERN INSURANCE, A04485 (Minn. 5-16-2006)
Isles Wellness, n/k/a Minneapolis Wellness, Inc., et al. v. Progressive Northern Insurance Co., a Delaware corporation doing business in the State of Minnesota, et al. Nos. A04485, A04-486, A04-487, A04-488, A04-489.Supreme Court of Minnesota. Filed May 16, 2006. Order on petition for further review. Granted.
McLAUCHLIN v. DAHLQUIST, C9-97-99 (Minn.App. 5-20-1997)
James McLauchlin, as Trustee for the Heirs of Mary Ann McLauchlin, Appellant, v. Dr. Neil R. Dahlquist, Respondent. No. C9-97-99.Minnesota Court of Appeals. Filed May 20, 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. […]
STATE v. McGUIRE, C3-96-2310 (Minn.App. 8-12-1997)
State of Minnesota, Respondent, v. Blake McGuire, Appellant. No. C3-96-2310.Minnesota Court of Appeals. Filed August 12, 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, […]
PARISH v. QUIE, 294 N.W.2d 317 (Minn. 1980)
Richard J. PARISH, Appellant, v. The Honorable Albert QUIE as Governor of the State of Minnesota and Leo Adams, Respondents. No. 51117.Supreme Court of Minnesota. June 12, 1980. Appeal from the Ramsey County District Court, Archie L. Gingold, J. Syllabus by the Court An amendment to Minn.Stat. § 216A.03, subd. 1, effective July 1, 1976, […]
REDGATE v. SROGA’S STANDARD SERVICE, 421 N.W.2d 729 (Minn. 1988)
Bruce REDGATE, Respondent, v. SROGA’S STANDARD SERVICE and American Mutual Insurance Company, Respondents (CX-87-1759), Relators (C1-87-1763), New Hope Foods/Hardee’s and Garlington Group, Relators (CX-87-1759), Respondents (C1-87-1763). Nos. CX-87-1759, C1-87-1763.Supreme Court of Minnesota. April 8, 1988. Page 730 Syllabus by the Court 1. Under post-1983 law, an injured employee who has not reached maximum medical improvement […]
WISE FURNITURE v. DEHNING, 343 N.W.2d 26 (Minn. 1984)
WISE FURNITURE, Appellant, v. Marjorie DEHNING, Respondent. No. C8-82-1370.Supreme Court of Minnesota. January 20, 1984. Appeal from the District Court, LeSueur County, Martin J. Mansur, J. Page 27 Syllabus by the Court 1. Failure to adequately disclose finance charge and to clearly and unequivocally describe retained security interests constitutes violation of the Truth In Lending […]
FLUEGGE v. RADEMACHER COMPANIES, A07-1101 (Minn.App. 6-17-2008)
Robert W. Fluegge, Relator, v. Rademacher Companies, Inc., Respondent Department of Employment and Economic Development Respondent. Nos. A07-1101, A07-1102.Minnesota Court of Appeals. Filed June 17, 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. § […]
STATE v. HAMERS, A09-1308 (Minn.App. 6-1-2010)
State of Minnesota, Respondent, v. Dustin John Hamers, Appellant. No. A09-1308.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 […]
CAMPING AND EDUCATION FOUNDATION v. STATE, 282 Minn. 245 (1969)
164 N.W.2d 369 CAMPING AND EDUCATION FOUNDATION v. STATE. No. 41280.Supreme Court of Minnesota. January 10, 1969. Taxation — exemption — “institution of purely public charity.” The issue on appeal is whether a nonprofit corporation is entitled to tax exemption pursuant to Minn. Const. art. 9, § 1, and Minn. St. 272.02(6) as an “institution […]
STATE v. CITY OF ROCHESTER, C6-97-139 (Minn.App. 9-2-1997)
STATE OF MINNESOTA, BY ROCHESTER HISTORIC PRESERVATION COMMITTEE, ET AL., Appellants, v. CITY OF ROCHESTER, ET AL., Respondents. No. C6-97-139.Minnesota Court of Appeals. Filed September 2, 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. […]
UNTIEDT v. GRAND LABORATORIES, INC., 552 N.W.2d 571 (Minn.App. 1996)
Charles UNTIEDT, et al., Appellants, v. GRAND LABORATORIES, INC., a South Dakota corporation, et al., Respondents. No. C3-96-590.Minnesota Court of Appeals. July 30, 1996. Review Denied October 15, 1996. Appeal from the District Court, Nobles County, David E. Christenson. Page 572 Syllabus by the Court When interpreting contingent fee agreements, we construe ambiguous terms against […]
STATE v. AWAD, A06-2306 (Minn.App. 11-27-2007)
State of Minnesota, Respondent, v. Radfan Saleh Awad, Appellant. No. A06-2306.Minnesota Court of Appeals. Filed November 27, 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 Itasca […]
STATE v. WAGNER, 233 Minn. 241 (1951)
46 N.W.2d 676 STATE v. MILTON E. WAGNER AND OTHERS.[1] No. 35,221.Supreme Court of Minnesota. February 23, 1951. [1] Reported in 46 N.W.2d 676. Taxation — inheritance tax — “full and true value” construed. 1. The words “full and true value,” as used in M.S.A. 291.23, should not be construed to mean “market value” in […]
FARMERS STATE BANK v. MILLER, 168 Minn. 199 (1926)
209 N.W. 869 FARMERS STATE BANK OF BLAKELEY v. CHARLES I. MILLER.[1] No. 25,425.Supreme Court of Minnesota. July 9, 1926. [1] Reported in 209 N.W. 869. Defense of fraud in purchase of stock waived by signer of note renewing it three times. Defendant executed his promissory note in 1921 to evidence his indebtedness for the […]
IN RE ESTATE OF MATHEWS, 558 N.W.2d 263 (Minn.App. 1997)
In re ESTATE OF Marvin MATHEWS. No. C6-96-1362.Minnesota Court of Appeals. January 7, 1997. Review Denied March 20, 1997. Appeal from the District Court, McLeod County, Leroy W. Yost, J. Page 264 Syllabus by the Court 1. A district court had jurisdiction to order the sale of a decedent’s homestead to pay a claim for […]
TURNER v. VALLEY NATIONAL FARM LOAN ASSN., 182 Minn. 115 (1930)
233 N.W. 856 J. W. TURNER v. VALLEY NATIONAL FARM LOAN ASSOCIATION.[1] No. 28,133.Supreme Court of Minnesota. December 19, 1930. [1] Reported in 233 N.W. 856. Action for money had and received not barred by judgment in prior action. 1. A judgment entered on a verdict directed for the defendant on the ground that the […]
STATE v. MURPHY, C6-02-1050 (Minn.App. 1-1-2003)
State v. Murphy. No. C6-02-1050.Minnesota Court of Appeals. Filed: January 1, 2003. Appeal from Ramsey County, Hon. Bruce F. Gross. Halbrooks, J. Affirmed
IN RE DISCIPLINARY ACTION AGAINST GRATHWOL, 554 N.W.2d 732 (Minn. 1996)
In re Petition for DISCIPLINARY ACTION AGAINST Timothy O. GRATHWOL, an Attorney at Law of the State of Minnesota. No. C4-94-2196.Supreme Court of Minnesota. October 31, 1996. Appeal from the Supreme Court, 528 N.W.2d 236. ORDER KEITH, Justice. WHEREAS, the Director of the Office of Lawyers Professional Responsibility has filed a petition for revocation of […]
STATE v. GRIFFITH, A05-2326 (Minn.App. 1-16-2007)
State of Minnesota, Respondent, v. Jody L. Griffith, Appellant. No. A05-2326.Minnesota Court of Appeals. Filed January 16, 2007. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2006). Appeal from the District […]
IN MATTER OF HAFERMANN v. HAFERMANN, A10-591 (Minn.App. 1-4-2011)
In the Matter of: Jessica Lynn Hafermann and obo Parker, Kendall and Tanner Hafermann, petitioner, Respondent, v. Kevin Gerald Hafermann, Appellant. No. A10-591.Minnesota Court of Appeals. Filed January 4, 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 […]
BROOKS v. STATE, A07-1672 (Minn. 8-19-2008)
Marlowe Brooks v. State. No. A07-1672.Supreme Court of Minnesota. Filed August 19, 2008. ORDERS ON PETITIONS FOR FURTHER REVIEW Denied Page 1
NELSON v. McBRIDE, 414 N.W.2d 459 (Minn.App. 1987)
Tracy NELSON, et al., Respondents, v. Ronald S. McBRIDE, a.k.a. Ronald Scott McBride, Appellant, Carolyn F. McBride, et al., Defendants. No. C4-87-381.Minnesota Court of Appeals. October 27, 1987. Appeal from the District Court, Itasca County, Clinton W. Wyant, J. Syllabus by the Court The Novus Equities Corp. v. EM-TY Partnership, 381 N.W.2d 426 (Minn. 1986), […]
STATE v. TUSOW, A07-1269 (Minn.App. 8-12-2008)
State of Minnesota, Respondent, v. Sandra Gail Tusow, Appellant. No. A07-1269.Minnesota Court of Appeals. Filed August 12, 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 […]
FOLLESE v. EASTERN AIRLINES, 652 N.W.2d 856 (Minn. 2002)
Darlene F. Follese (nee Hall), Respondent, vs. Eastern Airlines and Fidelity and Casualty Insurance Company, n/k/a CNA Commercial Insurance Company Relators, and Eastern Airlines and Employers Mutual Liability Insurance Company of Wausau, Respondents, and Special Compensation Fund. No. C7-02-1297.Supreme Court of Minnesota. Filed: November 4, 2002 Workers’ Compensation Court of Appeals, Thomas Johnson, Judge. Jay […]
STATE v. RUST, 298 Minn. 196 (1974)
214 N.W.2d 353 STATE v. GREGORY BRADLEY RUST. No. 43646.Supreme Court of Minnesota. January 11, 1974. Criminal law — receiving or concealing stolen property — involvement of defendant — probable cause. Police officers have probable cause to believe that certain property was stolen and that the defendant was guilty of at least receiving or concealing […]
MAHNKE v. NORTHWEST PUBLICATIONS, INC., 266 Minn. 515 (1963)
124 N.W.2d 411 WILLIAM L. MAHNKE V. NORTHWEST PUBLICATIONS, INC. No. 38,831.Supreme Court of Minnesota. October 18, 1963. Libel and slander — libel published in newspaper — statutory notice demanding retraction — requirements. 1. It is not indispensable that the notice of retraction specify each particular part of a published article which contains false and […]
ROERS v. PIERCE, A11-237 (Minn.App. 11-14-2011)
Alan J. Roers, et al., Appellants, v. Michael B. Pierce, et al., Defendants, Gilmore, L.L.C., et al., Respondents, Lindquist Vennum, P.L.L.P., Respondent. No. A11-237.Minnesota Court of Appeals. Filed November 14, 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 […]
GOBLIRSCH v. WESTERN LAND ROLLER CO., 310 Minn. 471 (1976)
246 N.W.2d 687 GERALD B. GOBLIRSCH v. WESTERN LAND ROLLER CO. GERALD B. GOBLIRSCH AND ANOTHER v. DONALD ORTH AND ANOTHER. Nos. 45575, 45867.Supreme Court of Minnesota. October 15, 1976. Trial — special verdict — propriety — claimed spectator misconduct — refusal to give requested instructions — effect. In plaintiff’s action against a manufacturer for […]
IN RE CONSERVATORSHIP OF LORD, C3-01-542 (Minn.App. 8-28-2001)
In Re: Conservatorship of Kathleen J. Lord, Conservatee. No. C3-01-542.Minnesota Court of Appeals. Filed August 28, 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 Court, […]
LUNDSTROM v. NAVICKAS, 295 N.W.2d 626 (Minn. 1980)
L. N. LUNDSTROM, Respondent, v. S. R. NAVICKAS, Appellant. S. R. NAVICKAS, Appellant, v. L. N. LUNDSTROM, Respondent. No. 50251.Supreme Court of Minnesota. July 3, 1980. Appeal from the District Court, Hennepin County, A. Paul Lommen, J. Page 627 Syllabus by the Court The trial court made reasonable rulings on the three issues stipulated as […]
STARBUCK v. STARBUCK, C8-98-2274 (Minn.App. 6-15-1999)
Carol J. Starbuck, petitioner, Respondent, v. Robert P. Starbuck, Appellant. No. C8-98-2274.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 (1998). Appeal from the […]
KELLETT v. WASNIE, 261 Minn. 440 (1962)
112 N.W.2d 820 FRED M. KELLETT AND ANOTHER v. NICK WASNIE AND ANOTHER. No. 38,163.Supreme Court of Minnesota. January 12, 1962. Evidence — inconsistent statements — admissibility of explanatory testimony. Reversible error was committed by the trial court in not allowing the owner of an automobile involved in an accident to testify with reference to […]
CITY OF WELLS v. SWEHLA, C3-00-319 (Minn.App. 10-17-2000)
City of Wells, Respondent, vs. Gerald Swehla, Appellant No. C3-00-319.Minnesota Court of Appeals. Filed October 17, 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, […]
GRAZZINI BROS. CO. v. BUILDERS CLINIC, INC., 280 Minn. 540 (1968)
160 N.W.2d 259 GRAZZINI BROS. COMPANY v. BUILDERS CLINIC, INC. CITY OF MINNEAPOLIS AND OTHERS, THIRD-PARTY DEFENDANTS. PACIFIC NATIONAL INSURANCE COMPANY AND ANOTHER, THIRD-PARTY DEFENDANTS. No. 41,013.Supreme Court of Minnesota. July 5, 1968. Bonds — construction bond furnished to municipality — claims outside undertaking. The subcontractor supplied goods and services to a municipality in the […]
IN RE ESTATE OF FINK, 425 N.W.2d 600 (Minn.App. 1988)
In re ESTATE OF Robert C. FINK, Deceased. No. C4-88-519.Minnesota Court of Appeals. July 5, 1988. Appeal from the District Court, Brown County, Richard L. Kelly, J. Syllabus by the Court Funds paid to estate of teacher from teacher’s retirement account are not exempt from claims of creditors. Timothy A. Olcott, Somsen, Dempsey Schade, P.A., […]
LEEKLEY v. DUNN, C7-98-791 (Minn.App. 12-29-1998)
CHARLES F. LEEKLEY, Respondent, v. JAMES J. DUNN, ET AL., Appellants. No. C7-98-791.Minnesota Court of Appeals. Filed December 29, 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 […]
MILLER v. ECM ? BROWN, LLC, A10-1922 (Minn.App. 6-20-2011)
Karin Miller, Relator, v. ECM — Brown, LLC, Respondent; Department of Employment and Economic Development, Respondent. No. A10-1922.Minnesota Court of Appeals. Filed: June 20, 2011. Page 1 Appeal from the Department of Employment and Economic Development. RECENT ORDER OPINIONS MATTHEW E. JOHNSON, Chief Judge. Reversed. Page 1
EVERSON v. KAPPERMAN, 343 N.W.2d 19 (Minn. 1984)
Dale EVERSON, individually and d.b.a. Everson Electric, Respondent, v. Jerome KAPPERMAN, individually and d.b.a. Kapperman Construction, Respondent, Transamerica Bond Company, Defendant, City of Pipestone, Appellant. No. C9-82-1328.Supreme Court of Minnesota. January 20, 1984. Appeal from the District Court, Pipestone County, Walter H. Mann, J. Syllabus by the Court Whether an offer of judgment made under […]
RAUENHORST v. RAUENHORST, 724 N.W.2d 541 (Minn.App. 2006)
In re the Marriage of Thomas H. RAUENHORST, petitioner, Respondent, v. Nancy M.G. RAUENHORST, Appellant. No. A06-459.Minnesota Court of Appeals. December 12, 2006. Page 542 Syllabus by the Court In a dissolution action, finding bad faith in a party seeking maintenance is not a prerequisite to finding that the party has the ability to earn […]
STATE v. OLIGNEY, 162 Minn. 302 (1925)
202 N.W. 893 STATE v. WARREN S. OLIGNEY.[1] No. 24,539.Supreme Court of Minnesota. March 13, 1925. [1] Reported in 202 N.W. 893. Wisconsin motor truck used in interstate commerce must pay motor vehicle tax. 1. A motor truck, owned by a resident of Wisconsin and used in commercial freighting on a time schedule and over […]
IN RE DISCIPLINARY ACTION AGAINST LAWSON, 470 N.W.2d 110 (Minn. 1991)
In re the Petition for DISCIPLINARY ACTION AGAINST F. Dean LAWSON, an Attorney at Law of the State of Minnesota. No. C9-91-705.Supreme Court of Minnesota. May 20, 1991. ORDER The Director of the Lawyers Professional Responsibility Board filed a petition with this Court alleging that the respondent, F. Dean Lawson, has committed professional misconduct warranting […]
SKELTON v. HENNEN, C0-02-1223 (Minn.App. 4-8-2003)
Noel Skelton, Appellant, v. James Hennen, Respondent, Richard C. Hennen, et al., Respondents. No. C0-02-1223Minnesota Court of Appeals. Filed: April 8, 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). […]
BE K CONST. CO. v. PETERSON, 464 N.W.2d 756 (Minn.App. 1991)
BE K CONSTRUCTION COMPANY, et al., Respondents, and Minnesota Pipe Trades Association, applicant for intervention, Appellant, v. Kenneth R. PETERSON, as Commissioner of the Minnesota Department of Labor and Industry, et al., Respondents. No. C0-90-1442.Minnesota Court of Appeals. January 15, 1991. Appeal from the District Court, Koochiching County, Robert S. Graff, J. Syllabus by the […]
HUSSEIN v. CYPRESS SEMI-CONDUCTOR (MINNESOTA), A03-988 (Minn.App. 6-15-2004)
Jamal Hussein, Relator (A03-988), Abdul M. Ahmed, Relator (A03-1326), Abdifatah M. Abdi, Relator (A03-1488), v. Cypress Semi-Conductor (Minnesota), Inc., Respondent, Commissioner of Employment and Economic Development, Respondent. Nos. A03-988, A03-1326, A03-1488.Minnesota Court of Appeals. Filed June 15, 2004. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished […]
IN RE APPLICATION OF HERMAN, 293 Minn. 472 (1972)
197 N.W.2d 241 IN RE APPLICATION OF THEODOR HERZL HERMAN FOR REINSTATEMENT AS AN ATTORNEY AT LAW. No. 39200.Supreme Court of Minnesota. April 28, 1972. Attorney and client — reinstatement of disbarred attorney — showing of moral character required. Proceeding upon the petition of Theodor Herzl Herman for reinstatement as an attorney at law of […]
DEW CORP. v. M I MARS. ISLEY BANK, A09-882 (Minn. 6-29-2010)
Dew Corporation v. M I Marshall Isley Bank and Haldeman-Homme, Inc., d/b/a Anderson-Ladd. No. A09-882.Supreme Court of Minnesota. Filed June 29, 2010. ORDERS ON PETITIONS FOR FURTHER REVIEW Denied Page 1
GAMBLE-SKOGMO, INC. v. ST. PAUL MERCURY INDEMNITY CO., 242 Minn. 91 (1954)
64 N.W.2d 380 GAMBLE-SKOGMO, INC., AND ANOTHER v. ST. PAUL MERCURY INDEMNITY COMPANY AND ANOTHER.[1] No. 36,049.Supreme Court of Minnesota. April 23, 1954. [1] Reported in 64 N.W.2d 380. Insurance — coverage — failure to notify insurer of suit — estoppel. 1. In action brought by American Automobile Insurance Company as assignee of any rights […]
IN RE MARRIAGE OF CZECH v. CZECH, A06-516 (Minn.App. 1-23-2007)
In re the Marriage of: Krista JoAnn Czech, f/k/a Krista JoAnn Broberg, petitioner, Respondent, v. Kevin Michael Czech, Appellant. No. A06-516.Minnesota Court of Appeals. Filed January 23, 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. […]
EASTERLIN v. STATE, 330 N.W.2d 704 (Minn. 1983)
Charles EASTERLIN, Relator, v. STATE of Minnesota, University of Minnesota, self-insured, Respondent. No. CX-82-897.Supreme Court of Minnesota. March 4, 1983. Appeal from the Workers’ Compensation Court of Appeals. Page 705 Syllabus by the Court 1. An employee is required to give his or her employer notice of pending negotiations for a settlement pursuant to Naig […]
ENTZION v. ILLINOIS FARMERS INSURANCE, 675 N.W.2d 925 (Minn.App. 2004)
Karyn Entzion, Appellant, v. Illinois Farmers Insurance Company, an Illinois corporation, Respondent. No. A03-742.Minnesota Court of Appeals. Filed: March 23, 2004. Appeal from the District Court, Anoka County, File No. C5-02-6039. Page 926 SYLLABUS 1. The six-year statute of limitations governing contract actions applies to an insured’s action against an insurer for no-fault benefits. 2. […]
WAGNER v. COMMISSIONER OF PUBLIC SAFETY, A07-2354 (Minn.App. 11-4-2008)
Peter Francis Wagner, petitioner, Appellant, v. Commissioner of Public Safety, Respondent. No. A07-2354.Minnesota Court of Appeals. Filed: November 4, 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 […]
MN. O M SURG. v. CHARTER OAK FIRE INS., A10-2238 (Minn. 8-24-2011)
Minnesota O M Surgery, P.A. et al. v. Charter Oak Fire Insurance Company n/k/a The Travelers Companies, Inc. No. A10-2238.Supreme Court of Minnesota. Filed August 24, 2011. ORDER ON PETITION FOR FURTHER REVIEW Denied Page 1
IN MATTER OF HEIMSNESS v. HEIMSNESS, C1-01-1284 (Minn.App. 5-7-2002)
In the Matter of Cheryl Ranae Heimsness, petitioner, Respondent, v. Daniel James Heimsness, Appellant. No. C1-01-1284.Minnesota Court of Appeals. Filed May 7, 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 […]
GUSTAFSON v. ARTHUR L. ROBERTS HOTEL CO., 194 Minn. 575 (1935)
261 N.W. 447 ROBERT GUSTAFSON v. ARTHUR L. ROBERTS HOTEL COMPANY.[1] No. 30,339.Supreme Court of Minnesota. June 7, 1935. [1] Reported in 261 N.W. 447. Innkeeper — injury to guest — liability. 1. A guest in a hotel, injured by stumbling down a short, unlighted stairway in the hallway just outside the door of his […]
IN RE MARRIAGE OF VIELE, A09-1950 (Minn.App. 6-8-2010)
In re the Marriage of: Lonn J. Viele, petitioner, Appellant, v. Patti Ann Viele, Respondent. No. A09-1950.Minnesota Court of Appeals. Filed June 8, 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. […]
WONG v. INTERSPACE-WEST, INC., 701 N.W.2d 301 (Minn.App. 2005)
Gordon WONG, Respondent, v. INTERSPACE-WEST, INC., Appellant. No. A04-2409.Minnesota Court of Appeals. August 9, 2005. Appeal from the District Court, Hennepin County. Page 302 SYLLABUS A computer-generated document containing the statutorily mandated language in 12-point, bold-type font should be classified as “printed” and deemed to satisfy the prelien-notice requirements of Minn. Stat. § 514.011, subd. […]
STATE v. WERNER, 725 N.W.2d 767 (Minn.App. 2007)
STATE of Minnesota, Appellant, v. Robert Joseph WERNER, Respondent. No. A06-1378.Minnesota Court of Appeals. January 9, 2007. Appeal from The District Court, Mower County, Donald E. Rysavy, J. Page 768 SYLLABUS A driver lawfully stopped, handcuffed, and taken into custody on an unrelated offense, who exhibits indicia of intoxication, and who is not subjected to […]
STATE v. SMITH, A03-1859 (Minn.App. 9-14-2004)
State of Minnesota, Respondent, v. Donovan Earl Smith, Appellant. No. A03-1859.Minnesota Court of Appeals. Filed September 14, 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 […]
GRIVNA v. RIVERSIDE FAMILY DENTAL, P.A., A04-265 (Minn.App. 9-14-2004)
LeaAnn Grivna, Relator, v. Riverside Family Dental, P.A., Respondent, Commissioner of Employment and Economic Development, Respondent. No. A04-265.Minnesota Court of Appeals. Filed September 14, 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 MYRTLE HAACK IRREVOCABLE TRUST AGT., A08-1998 (Minn.App. 7-14-2009)
In re the Myrtle Haack Irrevocable Trust Agreement. No. A08-1998.Minnesota Court of Appeals. Filed: July 14, 2009. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2008). Appeal from the District Court, […]
STATE v. DIXON, A08-768 (Minn.App. 4-14-2009)
State of Minnesota, Respondent, v. David West Dixon, Appellant. No. A08-768.Minnesota Court of Appeals. Filed: April 14, 2009. Appeal from the District Court, Hennepin County, Hon. John J. Sommerville. RECENT ORDER OPINIONS MICHELLE A. LARKIN, Judge. Reversed and remanded.
MIDLAND LOAN FINANCE CO. v. SECURITY INSURANCE CO., 208 Minn. 251 (1940)
293 N.W. 313 MIDLAND LOAN FINANCE COMPANY v. SECURITY INSURANCE COMPANY OF NEW HAVEN, CONNECTICUT.[1] No. 32,430.Supreme Court of Minnesota. July 19, 1940. [1] Reported in 293 N.W. 313. Insurance — automobile collision policy — extent of loss. A obtained the vendor’s interest in a conditional sales contract for an automobile of which B was […]
STATE v. SWANSON, C0-96-2152 (Minn.App. 8-5-1997)
State of Minnesota, Respondent, v. Charles Edward Swanson, Appellant. No. C0-96-2152.Minnesota Court of Appeals. Filed August 5, 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 […]
GORDON v. OBERLE, 183 Minn. 188 (1931)
235 N.W. 875 R. N. GORDON v. FRANCIS M. OBERLE.[1] No. 28,351.Supreme Court of Minnesota. April 2, 1931. [1] Reported in 235 N.W. 875. When payment to payee is not payment of promissory note. Payment by the maker of a negotiable promissory note to the payee named therein, after the note has been transferred to […]
NORTHERN STATES POWER CO. v. CITY OF GRANITE FALLS, 186 Minn. 209 (1932)
242 N.W. 714 NORTHERN STATES POWER COMPANY v. CITY OF GRANITE FALLS AND OTHERS.[1] No. 28,738.Supreme Court of Minnesota. May 27, 1932. [1] Reported in 242 N.W. 714. Municipal corporation — contract to furnish electric current to city. 1. A contract for the furnishing to a city of electric current, to be delivered and metered […]
VILLAGE OF WELLS v. LAYNE-MINNESOTA CO., 240 Minn. 132 (1953)
60 N.W.2d 621 VILLAGE OF WELLS AND ANOTHER v. LAYNE-MINNESOTA COMPANY AND ANOTHER.[1] Nos. 35,876, 36,071.Supreme Court of Minnesota. July 31, 1953. [1] Reported in 60 N.W.2d 621. Contracts — rescission — necessity of returning what has been received. 1. Rescission is an equitable remedy which may be granted for a substantial breach of contract. […]
AGNES v. STEILE, A08-0293 (Minn.App. 3-24-2009)
Jerry Agnes, Respondent, v. Rick Steile, et al., Appellants. No. A08-0293.Minnesota Court of Appeals. Filed March 24, 2009. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2008). Appeal from the District […]
STATE v. SCHLIEMANN, A04-1479 (Minn.App. 9-6-2005)
State of Minnesota, Respondent, v. Rodney Allan Schliemann, Appellant. No. A04-1479.Minnesota Court of Appeals. Filed September 6, 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 […]
STATE v. KEARNS, C3-98-1517 (Minn.App. 4-27-1999)
State of Minnesota, Respondent, v. Edward Gary Kearns, Appellant. No. C3-98-1517.Minnesota Court of Appeals. Filed April 27, 1999. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (1998). Appeal from the District […]
IN RE ESTATE OF BIGELOW, 199 Minn. 239 (1937)
271 N.W. 459 IN RE ESTATE OF HERBERT H. BIGELOW. STATE v. HELEN BIGELOW GALLOWAY AND OTHERS.[1] No. 31,134.Supreme Court of Minnesota. February 19, 1937. [1] Reported in 271 N.W. 459. Taxation — inheritance tax — time of determining value of property. Certain municipal bonds in the estate of a testator were sold in the […]
PROULX v. HIRSCH BROS., INC., 279 Minn. 157 (1968)
155 N.W.2d 907 DONALD J. PROULX AND ANOTHER v. HIRSCH BROS., INC., AND OTHERS. No. 40,758.Supreme Court of Minnesota. January 19, 1968. Fraud — showing required. 1. An action predicated on fraud can be successfully concluded only if it is shown that the putative defrauder made a misrepresentation of a material fact, knowing it to […]
STATE v. CLEMMER, 328 N.W.2d 739 (Minn. 1983)
STATE of Minnesota, Appellant, v. Daniel Jerome CLEMMER, Respondent. No. 82-1051.Supreme Court of Minnesota. January 21, 1983. Appeal from the District Court, Dakota County, Charles F. Gegen, J. Syllabus by the Court District court was justified in staying execution of sentence of criminal defendant. Hubert H. Humphrey, III, Atty. Gen., St. Paul, for appellant. Philip […]
MATTER OF WELFARE OF CHILDREN OF S.L.J., A04-2302 (Minn.App. 6-14-2005)
In the Matter of the Welfare of the children of: S.L.J., mother, and R.E.G., father. No. A04-2302.Minnesota Court of Appeals. Filed June 14, 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. […]
STATE EX REL. COLBERG v. JENSEN, 205 Minn. 410 (1939)
286 N.W. 305 STATE EX REL. DR. RALPH COLBERG v. GEORGE C. JENSEN AND OTHERS.[1] No. 31,973.Supreme Court of Minnesota. June 9, 1939. [1] Reported in 286 N.W. 305. Optometry — action for revocation of license — complaint — sufficiency. 1. The complaint in a proceeding before the state optometry board was sufficient to give […]
ALBERT LEA ICE FUEL CO. v. U.S. FIRE INS., 239 Minn. 198 (1953)
58 N.W.2d 614 ALBERT LEA ICE FUEL COMPANY v. UNITED STATES FIRE INSURANCE COMPANY AND OTHERS.[1] No. 35,963.Supreme Court of Minnesota. April 24, 1953. [1] Reported in 58 N.W.2d 614. Insurance — insurance against peril of windstorm — meaning of “windstorm.” 1. Under policy insuring against peril of windstorm, a “windstorm,” in the absence of […]
STATE v. TELLINGHUISEN, CX-97-1200 (Minn.App. 5-19-1998)
State of Minnesota, Respondent, v. Keith Earl Tellinghuisen, Appellant. No. CX-97-1200.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 provided by Minn. Stat. § 480A.08, subd. 3 (1996). Appeal from the District […]
DEMPSEY v. MEIGHEN, 251 Minn. 562 (1958)
90 N.W.2d 178 MARGARET E. DEMPSEY AND ANOTHER v. JOSEPH F. MEIGHEN AND OTHERS. No. 37,146.Supreme Court of Minnesota. February 28, 1958. Evidence — admissibility — hearsay — declaration against interest. 1. Declarations of persons since deceased as to facts relevant to the issue are admissible in evidence between third parties when it appears that […]