STATE of Minnesota, Respondent, v. Joseph MOUSEL, Appellant. No. C7-85-15.Minnesota Court of Appeals. July 30, 1985. Appeal from the District Court, Ramsey County, Gordon Shumaker, J. Syllabus of the Court 1. Appellant’s identity was sufficiently proved by circumstantial evidence consistent Page 656 only with the hypothesis that he was the person who committed a forgery. […]
Category: Minnesota Court Opinions
PARTEN v. FIRST NATIONAL BANK TRUST CO., 204 Minn. 200 (1938)
283 N.W. 408 G. A. PARTEN AND OTHERS v. FIRST NATIONAL BANK TRUST COMPANY AND OTHERS.[1] No. 31,813.Supreme Court of Minnesota. December 30, 1938. [1] Reported in 283 N.W. 408. Appeal and error — review — extent of review — on appeal from order denying new trial. 1. On appeal from an order denying a […]
IN THE MAT. OF CIVIL COMMIT. OF HENDERSON, A10-1070 (Minn.App. 11-16-2010)
In the Matter of the Civil Commitment of: Mike Cordale Henderson a/k/a Michael Cordale Henderson. No. A10-1070.Minnesota Court of Appeals. Filed November 16, 2010. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. […]
IN RE WELFARE OF T. P. B., A08-1699 (Minn.App. 6-23-2009)
In the Matter of the Welfare of: T. P. B., Juvenile. No. A08-1699.Minnesota Court of Appeals. Filed June 23, 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 [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn.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 […]
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 [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn.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 […]
LARSON v. HILL’S HTG REFRIG OF BEMIDJI, 400 N.W.2d 777 (Minn.App. 1987)
Steve Louis LARSON, Respondent, v. HILL’S HEATING AND REFRIGERATION OF BEMIDJI, INC., Appellant. No. CO-86-1176.Minnesota Court of Appeals. February 17, 1987. Review Denied April 17, 1987. Appeal from the District Court, Beltrami County, William E. Kalar, J. Page 778 Syllabus by the Court 1. Trial court did not err in holding that employment contract had […]
SOO LINE v. BROWN’S CREW CAR OF WYOMING, 694 N.W.2d 109 (Minn.App. 2005)
SOO LINE RAILROAD COMPANY, d/b/a Canadian Pacific Railway, Respondent, v. BROWN’S CREW CAR OF WYOMING, Respondent, Progressive Casualty Insurance Company, an Ohio corporation, Appellant. No. A04-1257.Minnesota Court of Appeals. April 5, 2005. Appeal from the District Court, Ramsey County, Natalie E. Hudson, J. Page 110 SYLLABUS A general indemnity agreement that includes an assumption of […]
GELDERT v. AMERICAN NAT. BANK, 506 N.W.2d 22 (Minn.App. 1993)
Audrey E. GELDERT, as trustee of Geldert’s Woodcraft, Inc. Employees Pension Trust, Appellant, v. AMERICAN NATIONAL BANK, et al., Respondents. No. CX-93-510.Minnesota Court of Appeals. September 7, 1993. Review Denied November 16, 1993. Appeal from the District Court, Hennepin County, Beryl Nord, J. Page 23 Syllabus by the Court 1. Although the statutory amendments codified […]
ST. WILLIAMS NURSING HOME v. KOEP, 369 N.W.2d 33 (Minn.App. 1985)
ST. WILLIAMS NURSING HOME, Relator, v. Joyce E. KOEP, Department of Economic Security, Respondents. No. C5-85-255.Minnesota Court of Appeals. June 11, 1985. Page 34 Syllabus by the Court The record supports the decision of the Commissioner of Economic Security that respondent Joyce Koep was involuntarily discharged for reasons other than misconduct and is not disqualified […]
MATTER OF REDCLOUD, 359 N.W.2d 710 (Minn.App. 1984)
In the Matter of Lyle REDCLOUD. No. C7-84-1882.Minnesota Court of Appeals. December 31, 1984. Appeal from the District Court, Hennepin County, Lindsay G. Arthur, J. Page 711 Syllabus by the Court 1. The evidence was sufficient to commit appellant as a chemically dependent person. 2. the trial court properly denied appellant’s motion to dismiss the […]
MONTGOMERY v. MINNEAPOLIS FIRE DEPT. RELIEF ASSN., 218 Minn. 27 (1944)
15 N.W.2d 122 WALTER H. MONTGOMERY v. MINNEAPOLIS FIRE DEPARTMENT RELIEF ASSOCIATION.[1] No. 33,793.Supreme Court of Minnesota. June 28, 1944. [1] Reported in 15 N.W.2d 122. Appearance — general appearance of defendant — proceedings constituting. 1. A defendant appears generally in an action when he answers, demurs, or gives plaintiff notice of his appearance, and […]
ZENZEN v. EISER, A04-905 (Minn.App. 1-18-2005)
Joann V. Zenzen, as trustee for the heirs and next-of-kin of Albin Zenzen, deceased, Appellant, v. Richard D. Eiser, M.D., et al., Respondents. No. A04-905.Minnesota Court of Appeals. Filed January 18, 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 […]
IN RE DISBARMENT OF LESLIE C. SMITH, 208 Minn. 23 (1940)
292 N.W. 620 IN RE DISBARMENT OF LESLIE C. SMITH.[1] No. 32,336.Supreme Court of Minnesota. June 14, 1940. [1] Reported in 292 N.W. 620. Attorney and client — disbarment — conversion of clients’ funds and deception practiced on court. For repeated conversions of clients’ funds (restitution made under compulsion) with willful deception practiced on the […]
MARTY v. DIGITAL EQUIPMENT CORP., 345 N.W.2d 773 (Minn. 1984)
Dixie A. MARTY, Relator, v. DIGITAL EQUIPMENT CORPORATION, Respondent, Commissioner of Economic Security, Respondent. No. C3-83-1027.Supreme Court of Minnesota. March 23, 1984. Page 774 Syllabus by the Court The decision of the Commissioner of Economic Security that employee voluntarily discontinued her employment without good cause attributable to her employer and therefore is disqualified from receiving […]
KIMPELL v. DULUTH STREET RY. CO., 170 Minn. 35 (1927)
211 N.W. 955 EMMELINE D. KIMPELL v. DULUTH STREET RAILWAY COMPANY.[1] No. 25,678.Supreme Court of Minnesota. January 21, 1927. [1] Reported in 211 N.W. 955. Error to dismiss case where facts were sufficient to support finding that street railway company was negligent. In an action arising out of alleged negligence causing a collision between a […]
GORDON v. ENGINEERING CONSTRUCTION CO., 271 Minn. 186 (1965)
135 N.W.2d 202 JAMES GORDON, A MINOR, BY WARREN GORDON, JR., HIS GUARDIAN AD LITEM, v. ENGINEERING CONSTRUCTION COMPANY. No. 39,438.Supreme Court of Minnesota. May 14, 1965. Negligence — child riding into trench in public street — liability of contractor — rules governing. 1. The liability of a contractor to a child injured by riding […]
STATE, DEPT. OF PUBLIC SAFETY v. NYSTROM, 299 Minn. 224 (1974)
217 N.W.2d 201 STATE, DEPARTMENT OF PUBLIC SAFETY, v. DOUGLAS KAYE NYSTROM. No. 44365.Supreme Court of Minnesota. April 12, 1974. Highway traffic regulation — refusal to submit to chemical test for intoxication — license revocation — propriety. Appeal by Douglas Kaye Nystrom from a judgment of the Wright County District Court, Thomas G. Forsberg, Judge, […]
STATE v. SCHUBRING, 429 N.W.2d 323 (Minn.App. 1988)
STATE of Minnesota, Appellant, v. Charles Gorden SCHUBRING, Respondent. No. C6-88-1557.Minnesota Court of Appeals. September 27, 1988. Appeal from the District Court, Aitkin County, Robert S. Graff, J. Syllabus by the Court An Appeal by the prosecutor of a pretrial order will be dismissed if the state fails to timely file its brief. Bradley C. […]
KREBS v. FAUS, A09-1799 (Minn.App. 8-10-2010)
Jessica Ann Krebs, Respondent, v. Fritz Faus, Appellant. No. A09-1799.Minnesota Court of Appeals. Filed August 10, 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, […]
STATE v. PAPP, 415 N.W.2d 95 (Minn.App. 1987)
STATE of Minnesota, Respondent, v. Mary Ann PAPP, Appellant. No. Cl-87-600.Minnesota Court of Appeals. November 17, 1987. Appeal from the District Court, Beltrami County, Terrance C. Holter, J. Syllabus by the Court The day-care licensing law, Minn.Stat. § 245.781 et seq. (1986), does not deny equal protection by exempting care providers who are relatives or […]
STATE v. FLOWERS, A06-2364 (Minn.App. 4-15-2008)
State of Minnesota, Respondent, v. Reginald Flowers, Appellant. No. A06-2364.Minnesota Court of Appeals. Filed: April 15, 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 Court, […]
STATE v. GREER, A05-552 (Minn. 12-12-2006)
State v. Dale Dwayne Greer. No. A05-552Supreme Court of Minnesota. Filed December 12, 2006. ORDERS ON PETITIONS FOR FURTHER REVIEW Vacate Stay/Vacate Court of Appeals Decision in Part/Remand to Court of Appeals.
STATE v. STAFF, A09-833 (Minn. 7-20-2010)
State v. Thomas Marvin Staff, Jr. No. A09-833.Supreme Court of Minnesota. Filed July 20, 2010. ORDERS ON PETITIONS FOR FURTHER REVIEW Denied Page 1
COOK v. PLAYWORKS, 541 N.W.2d 366 (Minn.App. 1996)
Corey P. COOK, Respondent, v. PLAYWORKS, Relator, Commissioner of Economic Security, Respondent. No. C8-95-1207.Minnesota Court of Appeals. January 2, 1996. Page 367 Syllabus by the Court To determine whether the termination of employment is voluntary for good cause attributable to an employer, thus avoiding disqualification for reemployment benefits, in a case where an employee quits […]
STATE v. LAUGHLIN, 204 Minn. 291 (1939)
283 N.W. 395 STATE v. JAMES LAUGHLIN.[1] No. 32,036.Supreme Court of Minnesota. January 17, 1939. [1] Reported in 283 N.W. 395. Prohibition — right to writ — grounds — jurisdiction of court in criminal contempt proceeding. Where a defendant is accused of contempt of court under 2 Mason Minn. St. 1927, § 10042(7), for the […]
STATE v. HOLCHER, 261 Minn. 478 (1962)
113 N.W.2d 94 STATE v. GLEN RAY HOLSCHER.[*] No. 37,870.Supreme Court of Minnesota. January 19, 1962. [*] Certiorari denied, ___ U.S. ___, 82 S.Ct. 1607, ___ L.ed. 2d ___. Criminal law — review — conviction of murder in third degree. In reviewing a judgment of conviction of murder in the third degree, held that the […]
STATE v. GOODE, C8-99-793 (Minn.App. 10-5-1999)
State of Minnesota, Respondent, v. Derek Allen Goode, Appellant. No. C8-99-793.Minnesota Court of Appeals. Filed October 5, 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 […]
PACKAR v. BROOKS, 211 Minn. 99 (1941)
300 N.W. 400 ARTHUR M. PACKAR AND ANOTHER v. GEORGE F. BROOKS.[1] No. 32,769.Supreme Court of Minnesota. October 17, 1941. [1] Reported in 300 N.W. 400. Negligence — contributory negligence — when question becomes one of law. 1. Contributory negligence, like negligence, becomes a question of law only when reasonable minds functioning judicially could not […]
M. W. JOHNSON CONST. v. PROGRESS LAND CO., A07-1752 (Minn.App. 8-5-2008)
M. W. Johnson Construction, Inc., Respondent (A07-1752), Appellant (A07-2008), v. Progress Land Company, Inc., Appellant (A07-1752), Respondent (A07-2008). Nos. A07-1752, A07-2008.Minnesota Court of Appeals. Filed: August 5, 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. […]
LEITH v. STATE, A04-2081 (Minn.App. 7-5-2005)
Kelly James Leith, petitioner, Appellant, v. State of Minnesota, Respondent. No. A04-2081.Minnesota Court of Appeals. Filed July 5, 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 […]
STATE v. THAO, C7-01-110 (Minn.App. 1-2-2002)
State of Minnesota, Respondent, vs. True Thao, Appellant. No. C7-01-110.Minnesota Court of Appeals. Filed January 2, 2002 [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2000). Appeal from Ramsey County District Court, […]
DISCIPLINARY ACTION AGAINST PORTER, 467 N.W.2d 825 (Minn. 1991)
In re the Petition for DISCIPLINARY ACTION AGAINST Scott R. PORTER, an Attorney at Law of the State of Minnesota. No. C0-91-477.Supreme Court of Minnesota. April 10, 1991. ORDER The Director of the Lawyers Professional Responsibility Board filed a petition with this Court alleging that the respondent Scott R. Porter has committed professional misconduct warranting […]
STATE v. JELINSKI, A09-625 (Minn. 3-16-2010)
State v. Jeffrey John Jelinski. No. A09-625.Supreme Court of Minnesota. Filed March 16, 2010. ORDERS ON PETITIONS FOR FURTHER REVIEW Denied Page 1
STATE v. FINGAL, 666 N.W.2d 420 (Minn.App. 2003)
State of Minnesota, Respondent, v. Kristopher Gerald Fingal, Appellant, Dennis Jay Franke, Appellant. No. C3-03-254 c/w C4-02-1967.Minnesota Court of Appeals. Filed: July 29, 2003. Appeal from the District Court, County, File No. 67807. Page 421 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] […]
HOLLIDAY v. RUSH PRODUCTS DIVISION, ETC., 284 N.W.2d 538 (Minn. 1979)
Kathleen M. HOLLIDAY, Respondent, v. RUSH PRODUCTS DIVISION OF LAKE CENTER INDUSTRIES et al., Relators. No. 48627.Supreme Court of Minnesota. July 13, 1979. Fitch Johnson and Larry J. Peterson, Minneapolis, for relators. Grose, Von Holtum, Von Holtum, Sieben Schmidt and Timothy J. McCoy, Minneapolis, for respondent. Heard before KELLY, WAHL, and STONE, JJ., and considered […]
STATE v. REYNOLDS, C0-97-623 (Minn.App. 2-24-1998)
State of Minnesota, Respondent, v. Billy Ray Reynolds, Appellant. No. C0-97-623.Minnesota Court of Appeals. Filed February 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 District […]
DELEON v. TARGET CORP., A09-1640 (Minn.App. 6-22-2010)
Brittany Deleon, et al., Appellants, v. Target Corporation, Respondent. No. A09-1640.Minnesota Court of Appeals. Filed June 22, 2010. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2008). Appeal from the District […]
STATE v. PALM, 299 N.W.2d 740 (Minn. 1980)
STATE of Minnesota, Respondent, v. Ronald Lee PALM, Appellant. No. 51345.Supreme Court of Minnesota. December 5, 1980. Appeal from the District Court, Cottonwood County, Miles Zimmerman, J. Page 741 Syllabus by the Court 1. Evidence on the issue of identification was not, as defendant contends, legally insufficient. 2. Trial court did not err in denying […]
IN RE EICHHORN-HICKS, 639 N.W.2d 355 (Minn. 2002)
In Re Petition for Disciplinary Action against Tracy R. Eichhorn-Hicks, an Attorney at Law of the State of Minnesota. No. C9-00-373.Supreme Court of Minnesota. Filed: February 8, 2002 Page 356 ORDER PAUL H. ANDERSON, Associate Justice. On August 21, 2000, this court suspended respondent Tracy R. Eichhorn-Hicks from the practice of law for a period […]
KORTSAN v. POOR RICHARDS, INC., 295 Minn. 540 (1973)
203 N.W.2d 392 FRANCIS D. KORTSAN v. POOR RICHARDS, INC. No. 43404.Supreme Court of Minnesota. January 12, 1973. Trespass — reassessment of damages on remand from appeal — propriety. After this court ordered remand of action for damages for trespass, the Ramsey County District Court, Hyam Segell, Judge, reassessed plaintiff’s damages, and defendant appealed from […]
STATE v. HANSON, C7-00-2171 (Minn.App. 10-9-2001)
State of Minnesota, Respondent, vs. Kathleen Marie Hanson, Appellant. No. C7-00-2171.Minnesota Court of Appeals. Filed October 9, 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 […]
PIGUE v. STATE OF MINNESOTA, CX-95-2729 (Minn.App. 7-2-1996)
SHANNE LAVELLE PIGUE, petitioner, Appellant, v. STATE OF MINNESOTA, Respondent. No. CX-95-2729.Minnesota Court of Appeals. Filed July 2, 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 […]
CONSTANZA v. STATE, A10-2096 (Minn.App. 8-15-2011)
Jose Rene Constanza, petitioner, Appellant, v. State of Minnesota, Respondent. No. A10-2096.Minnesota Court of Appeals. Filed August 15, 2011. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2010). Appeal from the […]
STATE, BY BURNQUIST, v. BOLLENBACH, 241 Minn. 103 (1954)
63 N.W.2d 278 STATE, BY J. A. A. BURNQUIST, ATTORNEY GENERAL, v. WILLIAM M. BOLLENBACH AND OTHERS.[1] No. 36,086.Supreme Court of Minnesota. January 29, 1954. [1] Reported in 63 N.W.2d 278. Appeal and error — review — extent of review — trial courtfindings of fact. 1. In an action tried by the court without a […]
VICTOR v. SELL, 301 Minn. 309 (1974)
222 N.W.2d 337 HUGO B. VICTOR v. DONALD M. SELL AND OTHERS. No. 44400.Supreme Court of Minnesota. October 4, 1974. Trial — instructions — erroneous submission of issues — effect. Held, in a personal injury action tried on a theory of trespass, that the trial court erred in instructing the jury on contributory negligence and […]
ALLEN v. HENNEPIN COUNTY, 680 N.W.2d 560 (Minn.App. 2004)
Willie Allen, Appellant, v. Hennepin County, Respondent, Minnesota Teamster Public and Law Enforcement Employees’ Union Local No. 320, Respondent. No. A03-1752.Minnesota Court of Appeals. Filed June 1, 2004. Appeal from the District Court, Hennepin County, File No. Em 03-004388. Page 561 SYLLABUS The 90-day statute of limitations for vacating an arbitration award under the Uniform […]
NORTHFIELD INS. v. ST. PAUL SURPLUS INS., 545 N.W.2d 57 (Minn.App. 1996)
NORTHFIELD INSURANCE COMPANY, Respondent, v. ST. PAUL SURPLUS LINES INSURANCE COMPANY, A DIVISION OF the ST. PAUL COMPANIES, INC., Appellant. No. C6-95-1738.Minnesota Court of Appeals. March 26, 1996. Appeal from the District Court, Ramsey County, James M. Campbell, J. Page 58 Syllabus by the Court 1. Under existing law, a primary liability insurer may not […]
DRAGANOSKY v. MINNESOTA BOARD OF PSYCHOLOGY, 359 N.W.2d 572 (Minn. 1984)
Joseph DRAGANOSKY, Relator, v. MINNESOTA BOARD OF PSYCHOLOGY, Respondent. No. C4-84-124.Supreme Court of Minnesota. December 20, 1984. ORDER Based upon all the files, records and proceedings herein, IT IS HEREBY ORDERED that the petition of the Minnesota Board of Psychology for further review of the decision of the Court of Appeals be, and the same […]
IN RE REBENSON, C4-02-2004 (Minn.App. 7-1-2003)
In re the Matter of: Michael Dale Benson. No. C4-02-2004.Minnesota Court of Appeals. Filed: July 1, 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 Douglas County District […]
STATE v. GRAUBERGER, A05-764 (Minn. 6-28-2006)
State v. Chester Lee Grauberger. No. A05-764.Supreme Court of Minnesota. June 28, 2006. ORDERS ON PETITIONS FOR FURTHER REVIEW Denied
STATE v. WURST, 350 N.W.2d 482 (Minn.App. 1984)
STATE of Minnesota, Respondent, v. Daniel Robert WURST, Appellant. No. C7-83-2018.Minnesota Court of Appeals. July 3, 1984. Appeal from the Wabasha County Court, Dennis H. Weber, J. Syllabus by the Court Prosecution of appellant for fleeing a police officer did not violate the prohibition against serialized prosecution of multiple offenses arising from a single behavioral […]
STANDARD CONSTRUCTION CO. INC. v. NATIONAL TEA CO., 240 Minn. 422 (1953)
62 N.W.2d 201 STANDARD CONSTRUCTION COMPANY, INC., v. NATIONAL TEA COMPANY AND OTHERS.[1] No. 35,845.Supreme Court of Minnesota. December 11, 1953. [1] Reported in 62 N.W.2d 201. Appeal and error — review — findings of trial court. Contracts — performance — compliance with provisions — waiver of right to demand. Evidence — expert testimony — […]
IN RE MARRIAGE OF BRUNETTE, A07-0685 (Minn.App. 2-5-2008)
In re the Marriage of: Debra Christine Brunette, n/k/a Debra Christine Klein, petitioner, Respondent, v. Scott David Brunette, Appellant. No. A07-0685.Minnesota Court of Appeals. Filed February 5, 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. […]
TEACHOUT v. WILSON, 376 N.W.2d 460 (Minn.App. 1985)
Timothy M. TEACHOUT, Respondent, v. Dennis A. WILSON, defendant and third party plaintiff, Appellant, v. Howard H. HUNERBERG, third party defendant, Respondent. No. C2-85-326.Minnesota Court of Appeals. November 5, 1985. Review Denied December 30, 1985. Appeal from the District Court, Hennepin County, Robert G. Schiefelbein, J. Page 461 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES […]
ENGLER v. MARSHALL TURKEY PLANT, 409 N.W.2d 570 (Minn.App. 1987)
Virginia ENGLER, Relator, v. MARSHALL TURKEY PLANT, Beatrice Meats, Inc., Commissioner of Jobs and Training, Respondents. No. CX-87-191.Minnesota Court of Appeals. July 28, 1987. Appeal from the Department of Jobs and Training. Page 571 Syllabus by the Court 1. The Commissioner’s representative did not err by remanding to a referee for additional evidence. 2. The […]
LEFTO v. HOGGSBREATH ENTERPRISES, INC., 581 N.W.2d 855 (Minn. 1998)
Desiree LEFTO, individually and as parent and guardian of Nicole Lefto, a minor, Respondent, v. HOGGSBREATH ENTERPRISES, INC., petitioner, Appellant. No. C3-97-261.Supreme Court of Minnesota. July 23, 1998. Appeal from the District Court, Ramsey County, Paulette K. Flynn. Syllabus by the Court The term “other person” as used in the Civil Damage Act refers to […]
STATE v. WRIGHT, C4-00-1429 (Minn.App. 1-16-2001)
State of Minnesota, Respondent, vs. John Richard Wright, Appellant. No. C4-00-1429Minnesota Court of Appeals. Filed January 16, 2001 [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2000). Appeal from the District […]
STATE v. RASMUSSEN, 193 Minn. 374 (1935)
258 N.W. 503 STATE v. JOHANNES RASMUSSEN.[1] No. 30,219.Supreme Court of Minnesota. January 25, 1935. [1] Reported in 258 N.W. 503. Bastard — proceeding — evidence. Evidence examined and found to present a question of fact. Proceeding by the state in the district court for Pine county wherein defendant was found to be the father […]
IN RE MARRIAGE OF SAUVE v. SAUVE, A03-788 (Minn.App. 4-27-2004)
In re the Marriage of: Daniel Scott Sauve, petitioner, Appellant, v. Patricia Marie Sauve, n/k/a Patricia Marie Hockert, Respondent. No. A03-788.Minnesota Court of Appeals. Filed April 27, 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. […]
VOTH v. BECKMAN, 250 Minn. 325 (1957)
84 N.W.2d 925 ERWIN VOTH v. HERMAN F. BECKMAN. L. H. HOYER AND ANOTHER, THIRD-PARTY DEFENDANTS. Nos. 37,267, 37,268.Supreme Court of Minnesota. July 26, 1957. Appeal and error — review — order of dismissal — failure of trial court to specify whether made with or without prejudice. Upon an appeal from an order vacating a […]
STATE v. FREDERICKSON, A04-2061 (Minn.App. 9-6-2005)
State of Minnesota, Respondent, v. Curtis Lee Frederickson, Appellant. No. A04-2061.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. YANEZ, 381 N.W.2d 470 (Minn.App. 1986)
STATE of Minnesota, Respondent, v. Richard Allen YANEZ, Appellant. No. C5-85-2085.Minnesota Court of Appeals. February 11, 1986. Appeal from the District Court, Ramsey County, Thomas R. Butler, Jr., J. Syllabus by the Court An out-of-state conviction for DWI with injury cannot be used as a unit in computing the criminal history score for a Page […]
CADY v. BUSH, 283 Minn. 105 (1969)
166 N.W.2d 358 PAUL M. CADY AND ANOTHER v. GEORGE H. BUSH AND OTHERS. No. 41234.Supreme Court of Minnesota. March 21, 1969. Fraud — representations about future business prospects — actionability. 1. Asserted false representations attributed to sellers of motel, which representations as disclosed by the record related to future business prospects, amounted to nothing […]
IN RE APPEAL OF INDEPENDENT SCHOOL DIST. NO. 186, 293 Minn. 67 (1972)
196 N.W.2d 600 IN RE APPEAL OF INDEPENDENT SCHOOL DISTRICT NO. 186 FROM ORDERS OF CROW WING COUNTY BOARD OF COUNTY COMMISSIONERS v. INDEPENDENT SCHOOL DISTRICT NO. 181. CROW WING COUNTY BOARD OF COUNTY COMMISSIONERS, RESPONDENT. No. 42545.Supreme Court of Minnesota. April 7, 1972. Schools and school districts — judicial review — order of county […]
MERRITT v. COMMR. OF PUBLIC SAFETY, C3-02-1393 (Minn.App. 5-6-2003)
Troy Allen Merritt, petitioner, Appellant, v. Commissioner of Public Safety, Respondent. No. C3-02-1393.Minnesota Court of Appeals. Filed May 6, 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 […]
COUNTY OF BLUE EARTH v. WINGEN, C0-01-1731 (Minn.App. 8-13-2002)
County of Blue Earth, Respondent, v. Francis E. Wingen, et al., Appellants. Nos. C0-01-1731, C3-02-17Minnesota Court of Appeals. Filed August 13, 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). […]
IN RE TRUST CREATED BY EDGAR, 200 Minn. 340 (1937)
274 N.W. 226 IN RE TRUST CREATED BY C. T. EDGAR. G. A. PARTEN v. C. T. EDGAR.[1] No. 31,238.Supreme Court of Minnesota. June 25, 1937. [1] Reported in 274 N.W. 226. Trust — creation — validity — fraud — consideration. The record supports the trial court’s conclusion that the trust instrument here involved was […]
STATE v. STOUT, C1-97-1389 (Minn.App. 12-30-1997)
STATE OF MINNESOTA, Appellant, v. JAYNE IRENE STOUT, Respondent. No. C1-97-1389.Minnesota Court of Appeals. Filed December 30, 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 […]
CAFFERTY v. GARCIA’S OF SCOTTSDALE, INC., 375 N.W.2d 850 (Minn.App. 1985)
Thomas S. CAFFERTY, Appellant, v. GARCIA’S OF SCOTTSDALE, INC., Respondent. No. C3-85-822.Minnesota Court of Appeals. October 22, 1985. Appeal from the District Court, Hennepin County, Michael J. Davis, J. Page 851 Syllabus by the Court 1. In an action for intentional infliction of emotional distress, the trial court properly instructed the jury concerning the required […]
ROBLES v. STATE, A10-1292 (Minn. 6-28-2011)
Julio Cesar Robles v. State. No. A10-1292.Supreme Court of Minnesota. Filed June 28, 2011. ORDERS ON PETITIONS FOR FURTHER REVIEW Denied Page 1
STATE EX REL. THUNSTROM v. TAHASH, 283 Minn. 239 (1969)
167 N.W.2d 139 STATE EX REL. DONALD J. THUNSTROM v. RALPH H. TAHASH. No. 40991.Supreme Court of Minnesota. April 18, 1969. Criminal law — conviction upon plea of guilty — showing required for vacation. 1. A person convicted of a felony upon his plea of guilty is held not to have established that a manifest […]
STATE v. LOYD, 291 Minn. 528 (1971)
190 N.W.2d 123 STATE v. WILLIE DEE LOYD. No. 43288.Supreme Court of Minnesota. September 3, 1971. Criminal law — guilty plea entered pursuant to plea bargain — right to withdraw plea when court rejects bargain. Mandamus in this court upon the petition of Willie Dee Loyd to compel the Hennepin County District Court, Tom Bergin, […]
STATE v. CARLIN, 423 N.W.2d 741 (Minn.App. 1988)
STATE of Minnesota, Appellant, v. Dale James CARLIN, Respondent. No. C8-88-488.Minnesota Court of Appeals. May 24, 1988. Appeal from the District Court, St. Louis County, Charles T. Barnes, J. Syllabus by the Court In a pretrial appeal by the prosecution, the trial court’s ruling will be affirmed unless the state can show that the ruling […]
STATE v. KATES, 610 N.W.2d 629 (Minn. 2000)
State of Minnesota, petitioner, Appellant, vs. Aaron David Kates, Respondent. No. C3-98-1467.Supreme Court of Minnesota. Filed: April 27, 2000. Appeal from the District Court, Blue Earth County, Richard L. Kelly, J. Reversed and remanded to the court of appeals. SYLLABUS 1. The court of appeals erred when it used harmless error analysis to evaluate whether […]
STATE v. ANDERSON, 405 N.W.2d 527 (Minn.App. 1987)
STATE of Minnesota, Respondent, v. Duane Arvid ANDERSON, Appellant. No. C9-86-1547.Minnesota Court of Appeals. May 12, 1987. Review Denied July 22, 1987. Appeal from the District Court, Stevens County, Keith C. Davison, J. Page 528 Syllabus by the Court 1. Evidence was sufficient to convict defendant of receiving stolen property and handling stolen livestock. 2. […]
STATE v. PEREZ, C9-02-2192 (Minn.App. 12-9-2003)
State of Minnesota, Respondent, v. Jesus Jimenez Perez, Appellant. No. C9-02-2192.Minnesota Court of Appeals. Filed December 9, 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 the District […]
IN RE MARRIAGE OF HAGGERTY v. HAGGERTY, CX-00-463 (Minn.App. 8-29-2000)
In Re the Marriage of: David Michael Haggerty, petitioner, Respondent, vs. Joyce Lorraine Haggerty, Appellant. No. CX-00-463.Minnesota Court of Appeals. Filed August 29, 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. […]
STATE EX REL. WILLIAMS v. DISTRICT COURT, 187 Minn. 270 (1932)
245 N.W. 379 STATE EX REL. A. C. WILLIAMS v. DISTRICT COURT OF DOUGLAS COUNTY AND OTHERS.[1] No. 29,314.Supreme Court of Minnesota. November 4, 1932. [1] Reported in 245 N.W. 379. Venue — change — who may apply and time in which to apply. To effect a change of venue as a matter of right […]
IN RE JAMES BROS. FURNITURE., 642 N.W.2d 91 (Minn.App. 2002)
In re Application for Relocation Benefits of James Brothers Furniture, Inc. No. C6-01-1359.Minnesota Court of Appeals. Filed: April 16, 2002. Appeal from the Robbinsdale Economic Development Authority. Page 92 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 93 SYLLABUS 1. Under the […]
SIMONS v. STATE OF MINNESOTA, C9-95-2561 (Minn.App. 8-20-1996)
JAMES ROBERT SIMONS, petitioner, Appellant, v. STATE OF MINNESOTA, Respondent. No. C9-95-2561.Minnesota Court of Appeals. Filed August 20, 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. sec. 480A.08, subd. 3 (1994). Appeal from the […]
GRAND LODGE I. O. O. F. v. LAKESIDE LODGE, 214 Minn. 343 (1943)
8 N.W.2d 19 GRAND LODGE OF MINNESOTA, I. O. O. F., v. LAKESIDE LODGE NO. 105, I. O. O. F. AND ANOTHER.[1] No. 33,454.Supreme Court of Minnesota. February 19, 1943. [1] Reported in 8 N.W.2d 19. Lodge — regulation of transactions of subsidiary lodge — transfer of real and personal property. The transfer by a […]
STATE v. McMATH, C7-02-1767 (Minn.App. 7-1-2003)
State of Minnesota, Respondent, v. Wayne Dion McMath, Appellant. No. C7-02-1767.Minnesota Court of Appeals. Filed: July 1, 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 the District […]
COUNTY OF MORRISON v. LITKE, 558 N.W.2d 16 (Minn.App. 1997)
COUNTY OF MORRISON, Respondent, v. Virginia R. (Jean) LITKE, Appellant. No. C1-96-815.Minnesota Court of Appeals. January 14, 1997. Appeal from the District Court, Morrison County, Thomas A. Godzala, J. Page 17 Syllabus by the Court Recovery for wrongfully obtained public assistance under Minn.Stat. § 256.98 is available only from the recipient or the recipient’s estate. […]
NELSON v. CITY OF EVELETH, 197 Minn. 394 (1936)
267 N.W. 261 C. NELSON v. CITY OF EVELETH.[1] No. 30,719.Supreme Court of Minnesota. May 22, 1936. [1] Reported in 267 N.W. 261. Municipal corporation — officer — captain of fire department — compensation. The city council of defendant has the power to determine the compensation of its officers and employes. By resolution it fixed […]
STATE v. ELIJAH, 206 Minn. 619 (1940)
289 N.W. 575 STATE v. CLINTON ELIJAH.[1] No. 32,225.Supreme Court of Minnesota. January 12, 1940. [1] Reported in 289 N.W. 575. Carnal knowledge — prosecution — evidence of prior acts with defendant. 1. In a prosecution for carnal knowledge evidence of prior acts of sexual intercourse of the complaining witness with defendant is admissible as […]
STATE, BY LORD, v. WINIECKI, 263 Minn. 86 (1962)
115 N.W.2d 724 STATE, BY MILES LORD, ATTORNEY GENERAL, v. ANTON WINIECKI AND OTHERS. OTTO J. TRUHLER, APPELLANT. No. 38,460.Supreme Court of Minnesota. June 15, 1962. Eminent domain — value of land — evidence of sales of nearby property — admissibility. 1. In condemnation proceedings evidence with reference to recent sales of other property in […]
PAQUIN v. COMM. OF ECONOMIC SECURITY, C3-00-59 (Minn.App. 8-1-2000)
Matthew E. Paquin, Relator, vs. Commissioner of Economic Security, Respondent. No. C3-00-59.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 […]
STATE v. REYNOLDS, 578 N.W.2d 762 (Minn.App. 1998)
STATE of Minnesota, Appellant, v. Terry REYNOLDS, Respondent. No. C7-97-2045.Minnesota Court of Appeals. May 5, 1998. Appeal from the District Court, Hennepin County, Richard S. Scherer, J. Page 763 Syllabus by the court A defendant who was not present during the search of the apartment occupied by his dealer, having neither a long-term connection with […]
STATE v. SHALABY, A07-1520 (Minn.App. 2-5-2008)
State of Minnesota, Appellant, v. Jasmeen Shalaby, Respondent. No. A07-1520.Minnesota Court of Appeals. Filed February 5, 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 Court, […]
McINTIRE v. STATE, 458 N.W.2d 714 (Minn.App. 1990)
Marcie McINTIRE, Appellant, v. The STATE of Minnesota, Minnesota Housing Finance Agency, James Solem, Individually and in his Official Capacities as its Executive Director; Henry Wesley, Individually and in his Official Capacities as its Personnel Director; and Michael Haley, Individually and in his Official Capacities as Director of Home Mortgage Program, Respondents. No. C6-89-2265.Minnesota Court […]
STATE v. GOTCHIE, C6-97-1498 (Minn.App. 5-12-1998)
State of Minnesota, Respondent, v. Donna Mae Gotchie, Appellant. No. C6-97-1498.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 the District […]
ZIMMER v. STATE, A05-512 (Minn.App. 3-21-2006)
Beau Jacob Edward Zimmer, petitioner, Appellant v. State of Minnesota, Respondent. No. A05-512.Minnesota Court of Appeals. March 21, 2006. Dakota County District Court, Hon. Patrice K. Sutherland. RECENT ORDER OPINIONS Chief Judge EDWARD TOUSSAINT, Jr. Affirmed.
MATTER OF M. H., 595 N.W.2d 223 (Minn.App. 1999)
In the Matter of the Welfare of: M. H., child. No. C1-98-2245.Minnesota Court of Appeals. Filed June 22, 1999. The District Court, Blue Earth County, Norbert P. Smith, J. Page 224 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 225 Syllabus 1. […]
FAULER v. CHICAGO, BURLINGTON QUINCY RAILROAD CO., 191 Minn. 637 (1934)
253 N.W. 884 CLARA FAULER v. CHICAGO, BURLINGTON QUINCY RAILROAD COMPANY AND AGNES J. FECKLER.[1] No. 30,028.Supreme Court of Minnesota. March 29, 1934. [1] Reported in 253 N.W. 884. Venue — change of venue or place of trial — convenience of witnesses — discretion of Court. Original application in this court, by order to show […]
COUNTY OF HENNEPIN v. BRINKMAN, 364 N.W.2d 458 (Minn.App. 1985)
COUNTY OF HENNEPIN on Behalf of Tammie Lea BARTLOW, Petitioner, Respondent, v. Dennis BRINKMAN, Appellant. No. C3-84-1605.Minnesota Court of Appeals. March 19, 1985. Review Granted May 20, 1985. Appeal from the District Court, Hennepin County, Sheryl R. Hvass, J. Syllabus by the Court The trial court in a parentage case abused its discretion when ordering […]
IN RE HOLIDAY HOUSE II, LLC v. STATE, A08-1344 (Minn.App. 6-9-2009)
In the Matter of the Application of: Holiday House II, LLC, to Register Title to the Following Described Real Estate in Hubbard County, Minnesota, Namely: Lots Nine (9) and Ten (10) Idle Wild, applicant, Respondent, v. The State of Minnesota, et al., Defendants, Iowa EPS Products, Inc., Appellant. No. A08-1344.Minnesota Court of Appeals. Filed June […]
STATE v. THOMPSON, 266 Minn. 385 (1963)
123 N.W.2d 378 STATE v. TILMER EUGENE THOMPSON. No. 39,238.Supreme Court of Minnesota. September 13, 1963. Mandamus — denial of change of venue — review. 1. Mandamus has been adopted by this court as a proper procedure to review a decision of the trial court denying a motion for a change of venue. Same — […]
IN RE GESE v. RASMUSSEN, C8-02-448 (Minn.App. 10-1-2002)
In re: James P. Gese, petitioner, Respondent, vs. Nadean M. Rasmussen, Appellant. No. C8-02-448.Minnesota Court of Appeals. Filed October 1, 2002. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2000). Appeal […]
STATE v. ELLI, 267 Minn. 185 (1964)
125 N.W.2d 738 STATE v. FRANK MICHAEL ELLI. No. 38,003.Supreme Court of Minnesota. January 10, 1964. Criminal law — evidence — admissibility — proof of similar offense. 1. The oral admission of a defendant charged with a robbery occurring April 27, 1959, to the effect that he had robbed the same place the preceding January […]
HELLER v. SCHWAN’S SALES ENTER. INC., 548 N.W.2d 287 (Minn.App. 1996)
Glenn M. HELLER, Applicant for Intervention, Appellant (C3-95-2247), Patsy Loverude and Her Minor Children, et al., and Tessa L. Koller, a Minor by Her Mother Margaret R. Koller, Applicants for Intervention, Appellants (C5-95-2590), Harold Eugene McDowell, et al., Respondents (C3-95-2247), Plaintiffs (C5-95-2590), v. SCHWAN’S SALES ENTERPRISES, INC., Respondent. Nos. C3-95-2247, C5-95-2590.Minnesota Court of Appeals. May […]