Leroy SCHEPER, Petitioner, Appellant, v. COMMISSIONER OF PUBLIC SAFETY, Respondent. No. C7-85-1701.Minnesota Court of Appeals. January 21, 1986. Appeal from the District Court, Anoka County, Spencer J. Sokolowski, J. Syllabus by the Court The trial court did not abuse its discretion when it found that there was sufficient foundation laid to admit the Intoxilyzer test […]
Category: Minnesota Court Opinions
LANGLAND v. STATE DEPARTMENT OF HIGHWAYS, 250 Minn. 544 (1957)
85 N.W.2d 736 LYAL F. LANGLAND, BROTHER OF JEROME K. LANGLAND, AND ANOTHER v. STATE DEPARTMENT OF HIGHWAYS. No. 37,141.Supreme Court of Minnesota. October 25, 1957. Workmen’s compensation — persons entitled to compensation — partial dependents of deceased employee — determination. 1. Whether petitioners are partial dependents under our workmen’s compensation laws at the time […]
MERRIAM PARK COMMUNITY COUNCIL, INC. v. McDONOUGH, 297 Minn. 285 (1973)
210 N.W.2d 416 MERRIAM PARK COMMUNITY COUNCIL, INC., AND OTHERS v. MICHAEL J. McDONOUGH AND OTHERS. No. 43639.Supreme Court of Minnesota. September 14, 1973. Zoning — variances — purpose — propriety of granting. Action in the Ramsey County District Court wherein Merriam Park Community Council, Inc., and some of its members sought a declaratory judgment […]
RUE v. KUTZBACH, 164 Minn. 366 (1925)
205 N.W. 262 H.C. RUE v. FRED KUTZBACH.[1] No. 24,843.Supreme Court of Minnesota. October 2, 1925. [1] Reported in 205 N.W. 262. Good defense to replevin for owner’s share of crops under cropping contract. In replevin for the owner’s share of crops raised by defendant under a cropping contract, it is a defense, nothing else […]
APPEAL OF KENNEY, 358 N.W.2d 120 (Minn.App. 1984)
In re the Matter of The Appeal of Harold KENNEY, Jr. of Paynesville, Minnesota from Order Denying Administrative Appeal by Board of Adjustments. No. C7-84-831.Minnesota Court of Appeals. November 20, 1984. Appeal from the District Court, Stearns County, Paul J. Doerner, J. Page 121 Syllabus by the Court The county board of adjustment had authority […]
STATE v. STENGER, A05-1629 (Minn.App. 7-18-2006)
State of Minnesota, Respondent, v. George Joseph Stenger, II, Appellant. No. A05-1629.Minnesota Court of Appeals. Filed July 18, 2006. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2004). Appeal from the […]
STATE v. CARROLL, A07-0390 (Minn.App. 5-6-2008)
State of Minnesota, Respondent, v. George Maurel Carroll, Appellant. No. A07-0390.Minnesota Court of Appeals. Filed May 6, 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 […]
RENN v. WENDT, 185 Minn. 461 (1932)
241 N.W. 581 C. A. RENN v. NEVA K. WENDT AND ANOTHER.[1] No. 28,766.Supreme Court of Minnesota. March 11, 1932. [1] Reported in 241 N.W. 581. Money received — action fails where valid contract governed rights of parties. 1. An action for money had and received cannot be maintained where the rights of the litigants […]
GUYER v. GUYER, 587 N.W.2d 856 (Minn.App. 1999)
In re the Marriage of Barbara Jean GUYER, petitioner, Respondent, v. Randall Lee GUYER, Appellant. No. C3-98-903.Minnesota Court of Appeals. January 19, 1999. Page 857 APPEAL FROM DISTRICT COURT, HENNEPIN COUNTY, JAMES T. SWENSON, J. Syllabus by the Court It is within the discretion of the trial court to require a parent to disclose corporate […]
WAGNER v. THOMAS J. OBERT ENTERPRISES, 384 N.W.2d 477 (Minn.App. 1986)
Vera L. WAGNER, et al., Appellants, v. THOMAS J. OBERT ENTERPRISES, Respondent. No. C1-85-1645.Minnesota Court of Appeals. March 25, 1986. Review Granted May 29, 1986. Appeal from the District Court, Anoka County, Edward W. Bearse, J. Page 478 Syllabus by the Court 1. The trial court erred in instructing the jury on primary assumption of […]
PELLOWSKI v. PELLOWSKI, 196 Minn. 572 (1936)
265 N.W. 440 ANTON PELLOWSKI v. WALTER PELLOWSKI AND ANOTHER.[1] No. 30,749.Supreme Court of Minnesota. March 6, 1936. [1] Reported in 265 N.W. 440. Trial — credibility of witnesses — sufficiency of evidence — questions for court and jury. Appeal and error — review — sufficiency of evidence to sustain successive verdicts. The credibility of […]
CARR-CULLEN v. DEMING, 176 Minn. 1 (1928)
222 N.W. 507 CARR-CULLEN COMPANY v. PORTIUS C. DEMING AND OTHERS.[1] No. 26,827.Supreme Court of Minnesota. December 7, 1928. [1] Reported in 222 N.W. 507. Removal of old building did not constitute “beginning of the improvement” within the statute. 1. In determining the priority between a recorded mortgage and mechanics’ liens, where such liens attach […]
MELINA v. CHAPLIN, 327 N.W.2d 19 (Minn. 1982)
Martin MELINA, Respondent, v. Sergeant William CHAPLIN, et al., Appellants. No. 81-1005.Supreme Court of Minnesota. December 10, 1982. Rehearing Denied January 28, 1983. Appeal from the Hennepin County District Court, Jonathan Lebedoff, J. Page 20 Robert J. Alfton, City Atty., and Mary M. Wahlstrand, Asst. City Atty., Minneapolis, for appellants. Bruce C. Douglas, Edina, for […]
IN RE CIVIL COMMITMENT, 782 N.W.2d 274 (Minn.App. 2010)
In the Matter of the CIVIL COMMITMENT OF Jeremiah Jerome JOHNSON and In the Matter of the Civil Commitment of Lloyd Robert Desjarlais. Nos. A09-2225, A09-2226.Minnesota Court of Appeals. May 18, 2010. Page 275 Appeal from the District Court, Cass County, John P. Smith, J., denied motions. Tribe members appealed. Page 276 SYLLABUS The state […]
PETERSON v. MODJESKI, 263 Minn. 413 (1962)
117 N.W.2d 237 NORRIS E. PETERSON, TRUSTEE FOR HEIRS OF EDWARD NORRIS PETERSON, v. MARK MODJESKI, d. b. a. WINONA PLUMBING AND HEATING COMPANY, AND ANOTHER. No. 38,588.Supreme Court of Minnesota. August 17, 1962. Negligence — negligence of employer — failure to furnish equipment. 1. Where an excavating and plumbing contractor sent an inexperienced workman […]
STATE v. NORMAN, A08-229 (Minn.App. 6-9-2009)
State of Minnesota, Respondent, v. Kenneth Stuart Norman, Appellant. No. A08-229.Minnesota Court of Appeals. Filed: June 9, 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. STUDDARD, 352 N.W.2d 413 (Minn. 1984)
STATE of Minnesota, Respondent, v. Steven Ray STUDDARD, Appellant. No. C6-83-499.Supreme Court of Minnesota. August 3, 1984. Appeal from the District Court, McLeod County, J. Jerome Kluck, J. Page 414 Syllabus by the Court Omnibus court did not err in denying defendant’s motion to suppress evidence on fourth amendment grounds. Richard D. Genty, Public Defender, […]
STATE v. DOTY, A09-1763 (Minn.App. 7-20-2010)
State of Minnesota, Respondent, v. Darin Michael Curtis Doty, Appellant. No. A09-1763.Minnesota Court of Appeals. Filed July 20, 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 […]
BELTRAMI COUNTY v. GOODMAN, 427 N.W.2d 662 (Minn. 1988)
BELTRAMI COUNTY, Minnesota, Appellant, v. Karen Gloria GOODMAN, as Trustee for the Heirs of Randi Jean Goodman, Deceased, etc., Respondents. Troy Adam GOODMAN, Respondent, v. Curt Damon KEMPER, et al., Defendants, County of Beltrami, Appellant. No. C8-87-349.Supreme Court of Minnesota. August 12, 1988. Appeal from the District Court, Beltrami County, James E. Preece and Terrance […]
IN THE MATTER WELFARE CHILDREN, M.L.A, A08-0105 (Minn.App. 9-23-2008)
In the Matter of the Welfare of the Children of: M. L. A. and J. J. K., Parents. Nos. A08-0105, A08-0140.Minnesota Court of Appeals. Filed September 23, 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. […]
MATTSON v. ROCHESTER SILO, INC., 397 N.W.2d 909 (Minn.App. 1986)
Rickey V. and Pamela J. MATTSON, Respondents, v. ROCHESTER SILO, INC., Appellant. No. C6-86-792.Minnesota Court of Appeals. December 23, 1986. Review Granted March 13, 1987. Appeal from the District Court, Kanabec County, James R. Clifford, J. Page 910 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY […]
STATE v. OLSON, 382 N.W.2d 279 (Minn.App. 1986)
STATE of Minnesota, Appellant, v. Gilbert A. OLSON, Respondent. No. C4-85-1672.Minnesota Court of Appeals. February 25, 1986. Appeal from the District Court, Beltrami County, James E. Preece, J. Page 280 Syllabus by the Court 1. The state may appeal a trial court order dismissing charges for lack of probable cause when the dismissal prevents further […]
STATE v. GEGENFURTNER, 312 Minn. 579 (1977)
251 N.W.2d 694 STATE v. JON MICHAEL GEGENFURTNER. No. 46160.Supreme Court of Minnesota. March 4, 1977. Criminal law — trial — failure to request submission of lesser-included offense — effect. Appeal by Jon Michael Gegenfurtner from a judgment of the St. Louis County District Court, Patrick D. O’Brien, Judge, whereby he was convicted of the […]
CLARK v. FARMERS MUTUAL FIRE INS. CO., 161 Minn. 476 (1925)
201 N.W. 930 ANNA S. CLARK v. ROCHESTER FARMERS MUTUAL FIRE INSURANCE COMPANY.[1] No. 24,328.Supreme Court of Minnesota. January 23, 1925. [1] Reported in 201 N.W. 930. Cancelation of insurance policy not proven. 1. The evidence failed to show a cancelation of plaintiff’s policy of insurance in the manner prescribed by section 3396, G.S. 1913. […]
DOUBLE DOLLAR v. MINNESOTA GAMBLING, C9-97-1950 (Minn.App. 5-5-1998)
DOUBLE DOLLAR DISTRIBUTING, INC., Relator, v. MINNESOTA GAMBLING CONTROL BOARD, Respondent. No. C9-97-1950.Minnesota Court of Appeals. Filed May 5, 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 […]
NATIONAL UNION v. REPUBLIC UNDERWRITERS, 429 N.W.2d 695 (Minn.App. 1988)
NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA, Appellant, v. REPUBLIC UNDERWRITERS INSURANCE COMPANY, Respondent. No. C5-88-979.Minnesota Court of Appeals. October 4, 1988. Appeal from the District Court, Hennepin County, Thomas H. Carey, J. Page 696 Syllabus by the Court The trial court properly determined that an insurer which issued a policy to a day […]
ZANDER v. SCHACKEL, 161 Minn. 116 (1924)
201 N.W. 308 HERMAN ZANDER v. J.W. SCHACKEL.[1] No. 24,116.Supreme Court of Minnesota. December 5, 1924. [1] Reported in 201 N.W. 308. Incorporator and director estopped from asserting corporation violated statute. 1. One may be estopped by his conduct from denying the legality of the organization of a corporation or the validity of the stock […]
CARLSON v. STATE, A10-978 (Minn. 4-27-2011)
Jamie Michael Carlson v. State. No. A10-978.Supreme Court of Minnesota. Filed April 27, 2011. ORDERS ON PETITIONS FOR FURTHER REVIEW Denied Page 1
KARON v. KARON, 435 N.W.2d 501 (Minn. 1989)
In re the Marriage of Howard F. KARON, Petitioner, Appellant, v. Frima M. KARON, Respondent. No. C2-87-976.Supreme Court of Minnesota. January 30, 1989. Appeal from the Hennepin County District Court. Syllabus by the Court A stipulation in which the parties expressly waive their rights to modify the maintenance terms of the dissolution decree effectively prevents […]
IN RE HENNEPIN CTY. 1986 RECYCLING LIT., 517 N.W.2d 63 (Minn.App. 1994)
In re HENNEPIN COUNTY 1986 RECYCLING BOND LITIGATION. Nos. C6-93-2254, C4-93-2253 and C0-93-2251.Minnesota Court of Appeals. May 31, 1994. Review Granted August 29, 1994. Appeal from the District Court, Hennepin County, Robert G. Schiefelbein, J. Page 64 Syllabus by the Court 1. Minn.Stat. § 373.06 (1992) is not applicable where a complaint seeks equitable relief. […]
IN RE MARRIAGE OF REUTER v. REUTER, A07-0338 (Minn.App. 5-20-2008)
In re the Marriage of Jacqueline M. Reuter, petitioner, Respondent, v. Dennis R. Reuter, Appellant. No. A07-0338.Minnesota Court of Appeals. Filed May 20, 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. […]
MATTER OF MINNEAPOLIS COM. DEV. AGENCY, 488 N.W.2d 319 (Minn.App. 1992)
In the Matter of CONDEMNATION BY PETITIONER, THE MINNEAPOLIS COMMUNITY DEVELOPMENT AGENCY (MCDA), OF CERTAIN LANDS IN THE CITY OF MINNEAPOLIS SITUATED IN THE FRANKLIN AVENUE REDEVELOPMENT PROJECT AREA (“KAPLAN BLOCK”). Nos. C8-91-2252, C3-91-2384.Minnesota Court of Appeals. July 21, 1992. Review Denied September 15, 1992. Appeal from the District Court, Hennepin County, William S. Posten, […]
LARSON v. ANDERSON, TAUNTON WALSH, INC., 379 N.W.2d 615 (Minn.App. 1985)
John D. LARSON, et al., Appellants, v. ANDERSON, TAUNTON WALSH, INC., d.b.a. Tom Bill’s Skylark Red Owl, Respondents. No. C3-85-562.Minnesota Court of Appeals. December 31, 1985. Review Denied March 14, 1986. Appeal from the District Court, Candiyohi County, John C. Lindstrom, J. Page 616 Syllabus by the Court 1. The trial court did not err […]
HOHEISEL v. STATE, A05-2447 (Minn.App. 12-19-2006)
Jeffrey Carl HOHEISEL, petitioner, Appellant, v. STATE of Minnesota, Respondent. No. A05-2447.Minnesota Court of Appeals. Filed December 19, 2006. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2004). Appeal from the […]
DREXEL ENTERPRISES v. SKITCH ENTERPRISES, C9-95-2446 (Minn.App. 5-21-1996)
DREXEL ENTERPRISES, INC., Respondent, v. SKITCH ENTERPRISES, INC., ET AL., Defendants, AND GENE ADAMIC, Appellant. No. C9-95-2446.Minnesota Court of Appeals. Filed May 21, 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. […]
STAPLES v. STATE, 233 Minn. 312 (1951)
46 N.W.2d 651 LORING M. STAPLES v. STATE.[1] No. 35,339.Supreme Court of Minnesota. March 2, 1951. [1] Reported in 46 N.W.2d 651. Taxation — rural real property — classification and assessment. 1. Petitioner’s property, consisting of an unplatted 40-acre tract 23 miles distant from Minneapolis near Lake Minnetonka, which is used partially for residential purposes […]
STATE v. UTSCH, 406 N.W.2d 49 (Minn.App. 1987)
STATE of Minnesota, Respondent, v. Charles Ralph UTSCH, Appellant. No. C1-86-1297.Minnesota Court of Appeals. May 19, 1987. Review Denied June 30, 1987. Appeal from the District Court, Stearns County, Richard Ahles, J. Syllabus by the Court There is no abuse of discretion in admitting evidence of another crime where there is a demonstrated relationship in […]
STATE v. BARNETT, A10-1256 (Minn.App. 6-27-2011)
State of Minnesota, Respondent, v. William Dee Barnett, Appellant. No. A10-1256.Minnesota Court of Appeals. Filed June 27, 2011. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2010). Appeal from the District […]
STATE v. SODERBECK, A06-1105 (Minn.App. 9-11-2007)
State of Minnesota, Respondent, v. James Michael Soderbeck, Appellant. No. A06-1105.Minnesota Court of Appeals. Filed September 11, 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 […]
GREENE v. WEST BEND MUTUAL INSURANCE COMPANY, A10-1031 (Minn.App. 2-1-2011)
Elbert Greene, et al., Appellants, v. West Bend Mutual Insurance Company, Respondent. No. A10-1031.Minnesota Court of Appeals. Filed February 1, 2011. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2008). Appeal […]
ST. BY LORD v. MYHRA G.M.C. TR. EQU. CO. INC., 254 Minn. 17 (1958)
93 N.W.2d 204 STATE, BY MILES LORD, ATTORNEY GENERAL, v. MYHRA G. M. C. TRUCK EQUIPMENT COMPANY, INC., AND OTHERS. STATE, BY MILES LORD, ATTORNEY GENERAL, v. EDGAR C. HAIGHT AND OTHERS. Nos. 37,536, 37,537, 37,576.Supreme Court of Minnesota. November 28, 1958. Eminent domain — proceedings — right of state to dismiss. A condemnor may […]
BOLTZ v. ARMOUR AGRICULTURAL CHEMICAL CO., 269 Minn. 482 (1964)
131 N.W.2d 624 JOHN BOLTZ v. ARMOUR AGRICULTURAL CHEMICAL COMPANY. No. 38,928.Supreme Court of Minnesota. November 25, 1964. Workmen’s compensation — compensation claim — law governing. 1. Workmen’s compensation statutes in effect at time of employee’s injury or death govern rights to compensation and fix liability of employer and compensation insurer therefor. Same — payment […]
OLSON v. SPECIAL SCHOOL DIST. NO. 1, 309 N.W.2d 325 (Minn. 1981)
Janell I. OLSON, Respondent, Commissioner, Minnesota Department of Economic Security, Respondent, v. SPECIAL SCHOOL DISTRICT NO. 1, Relator. No. 51221.Supreme Court of Minnesota. August 21, 1981. Syllabus by the Court Claimant, a tenured teacher, was eligible for unemployment benefits during a summer recess since she had neither a contract nor reasonable assurance of employment for […]
WALTON v. FUJITA TOURIST ENTERPRISES CO., 380 N.W.2d 198 (Minn.App. 1986)
Florence G. WALTON, et al., Respondents, v. FUJITA TOURIST ENTERPRISES CO., LTD. Defendant, Pacific Delight Tours, Inc., Respondent, Northwest Airlines, Inc., Appellant. No. C5-85-725.Minnesota Court of Appeals. January 14, 1986. Review Denied March 21, 1986. Appeal from the District Court, Hennepin County, Peter J. Lindberg, J. Page 199 Syllabus by the Court 1. A contract […]
IN RE ESTATE OF ROBERTS, 202 Minn. 217 (1938)
277 N.W. 549 IN RE ESTATE OF PETER ROBERTS. ELLA N. UMBREIT v. JAMES A. CARLEY AND OTHERS.[1] No. 31,549.Supreme Court of Minnesota. February 11, 1938. [1] Reported in 277 N.W. 549. Frauds, statute of — contract partly within statute — oral agreement to devise realty. Deceased orally promised to devise all property owned by […]
McVICKER v. MINNETONKA IND. SCH. DIST., A05-271 (Minn.App. 11-22-2005)
Kevin McVicker, Appellant, v. Minnetonka Independent School District No. 276, Respondent. No. A05-271.Minnesota Court of Appeals. Filed November 22, 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 […]
STATE v. RUSSELL, A07-2159 (Minn. 4-21-2009)
State v. Louis Leroy Russell. No. A07-2159.Supreme Court of Minnesota. Filed April 21, 2009. ORDERS ON PETITIONS FOR FURTHER REVIEW Denied Page 1
IN RE MARRIAGE OF DAVIS, 418 N.W.2d 746 (Minn.App. 1988)
In re the MARRIAGE OF Paul Richard DAVIS, Petitioner, Appellant, and Kathleen Rae Davis, Respondent. No. C4-87-1613.Minnesota Court of Appeals. February 9, 1988. Appeal from the Nicollet County Court, Richard L. Kelly, J. Syllabus by the Court Despite the fact that appellant’s motion for modification of custody was made less than two years after a […]
MICHAELIS v. COM’R OF PUBLIC SAFETY, 371 N.W.2d 638 (Minn.App. 1985)
Gerald C. MICHAELIS, Petitioner, Respondent, v. COMMISSIONER OF PUBLIC SAFETY, Appellant. No. C3-84-2172.Minnesota Court of Appeals. July 30, 1985. Review Denied October 11, 1985. Appeal from the Municipal Court, Hennepin County, Brian P. Moehn, Referee. Syllabus by the Court The failure of the Minnesota Bureau of Criminal Apprehension to recertify a breathalyzer operator after a […]
STATE v. MASOOD, A03-81 (Minn.App. 2-10-2004)
State of Minnesota, Respondent, v. Umer Mohammed Masood, Appellant. No. A03-81.Minnesota Court of Appeals. Filed February 10, 2004. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2002). Appeal from the District […]
STATE v. ROY, A08-116 (Minn. 5-19-2009)
State v. Joel Anthony Roy. No. A08-116.Supreme Court of Minnesota. Filed May 19, 2009. ORDERS ON PETITIONS FOR FURTHER REVIEW Denied Page 1
MILBRADT v. AMERICAN LEGION POST OF MORA, 354 N.W.2d 499 (Minn.App. 1984)
Diane MILBRADT, et al., Plaintiffs, Mutual Service Insurance Co., Applicant for Intervention, v. AMERICAN LEGION POST OF MORA, et al., Defendants. Brian MILBRADT, Plaintiff, Mutual Service Insurance Co., Appellant, v. AMERICAN LEGION POST OF MORA, Respondent, City of Mora, et al., Defendants. Nos. C0-84-265, C8-84-482.Minnesota Court of Appeals. August 28, 1984. Appeal from the District […]
AZIZ v. FABIAN, 791 N.W.2d 567 (Minn.App. 2010)
Shah Quran Ehassan AZIZ, petitioner, Appellant, v. Joan FABIAN, Commissioner of Corrections, Respondent. No. A10-1121.Minnesota Court of Appeals. December 14, 2010. Appeal from the District Court, Washington County, Susan Miles, J. Page 568 SYLLABUS The holding of Carrillo v. Fabian, 701 N.W.2d 763 (Minn. 2005), that the “some evidence” standard as formerly used in prison […]
BREVIK v. KITE PAINTING, INC., 416 N.W.2d 714 (Minn. 1987)
Dennis BREVIK et al., Respondents, State of Minnesota, Plaintiff-Intervenor, v. KITE PAINTING, INC., Petitioner, Appellant. No. CX-86-1878.Supreme Court of Minnesota. December 11, 1987. Appeal from the District Court, Ramsey County, Joseph Summers, J. Syllabus by the Court 1. Minnesota Occupational Safety and Health Act, Minn.Stat. ch. 182 (1984), authorizes a private civil action for retaliatory […]
BARRETT v. BARRETT, 394 N.W.2d 274 (Minn.App. 1986)
In re the Marriage of Francis Leo BARRETT, Petitioner, Respondent, v. Shirley Ann BARRETT, Appellant. No. C0-86-450.Minnesota Court of Appeals. October 14, 1986. Appeal from the District Court, Stearns County, Richard J. Ahles, J. Page 275 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT […]
STATE v. OAKGROVE, A08-920 (Minn. 9-23-2008)
State v. Jeff Allen Oakgrove, et al., Don Mashak. No. A08-920.Supreme Court of Minnesota. Filed: September 23, 2008. ORDERS ON PETITIONS FOR FURTHER REVIEW Denied Page 1
IN RE MATTER OF CASSELL v. CASSELL, A07-1655 (Minn.App. 7-8-2008)
In re the Matter of: Olivia Jassah Cassell, petitioner, Respondent, v. Gabriel B. Cassell, Appellant. No. A07-1655.Minnesota Court of Appeals. Filed July 8, 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. § […]
SAINT PAUL-MERCURY IND. CO. v. ST. JOSEPH’S HOSPITAL, 212 Minn. 558 (1942)
4 N.W.2d 637 SAINT PAUL-MERCURY INDEMNITY COMPANY v. ST. JOSEPH’S HOSPITAL.[1] No. 33,194.Supreme Court of Minnesota. June 12, 1942. [1] Reported in 4 N.W.2d 637. Hospital — liability for torts of employe. When a general employer (hospital) assigns his servant (nurse) to a duty for another (operating surgeon) and surrenders to the other direction and […]
IN MATTER OF THE CIVIL COMMITMENT OF SIDEEN, A08-0954 (Minn.App. 10-21-2008)
In the Matter of the Civil Commitment of: Brian Neil Sideen. No. A08-0954.Minnesota Court of Appeals. Filed October 21, 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 […]
WRIGHT v. STATE, A06-0755 (Minn.App. 5-20-2008)
Ricky Wright, petitioner, Appellant, v. State of Minnesota, Respondent. No. A06-0755.Minnesota Court of Appeals. Filed May 20, 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 […]
CHARLES UNTIEDT, ET AL. v. SCHMIDT, C8-00-1272 (Minn.App. 1-30-2001)
Charles Untiedt, et al., Appellants, v. Douglas E. Schmidt, Respondent, Sieben, Grose, Von Holtum, McCoy Carey, Ltd., Respondent. No. C8-00-1272Minnesota Court of Appeals. Filed January 30, 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. […]
COX v. CHICAGO GREAT WESTERN R. CO., 176 Minn. 437 (1929)
223 N.W. 675 ALBERT COX v. CHICAGO GREAT WESTERN RAILROAD COMPANY.[1] No. 27,053.Supreme Court of Minnesota. February 21, 1929. [1] Reported in 223 N.W. 675. Denial of new trial sustained if plaintiff consented to reduction of verdict. Order denying motion for a new trial affirmed on condition that plaintiff consent to a reduction of the […]
ROMNES v. COMMR. OF PUBLIC SAFETY, C7-97-22 (Minn.App. 8-26-1997)
Michael Harold Romnes, petitioner, Appellant, v. Commissioner of Public Safety, Respondent. No. C7-97-22.Minnesota Court of Appeals. Filed August 26, 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 […]
BARNSLATER v. STATE, A11-304 (Minn.App. 11-21-2011)
William Edward Barnslater, petitioner, Appellant, v. State of Minnesota, Respondent. No. A11-304.Minnesota Court of Appeals. Filed: November 21, 2011. Appeal from the District Court, Dakota County, File No. 19HA-CR-08-4372. David W. Merchant, Chief Appellant Public Defender, Sara J. Euteneuer, Assistant Public Defender, (for appellant) Lori Swanson, Attorney General, and James C. Backstrom, Dakota County Attorney, […]
IN RE B.N.S, 647 N.W.2d 40 (Minn.App. 2002)
In the Matter of the Welfare of: B.N.S., Child. No. C2-01-1665.Minnesota Court of Appeals. Filed: July 9, 2002. Appeal from the District Court, Martin County, Robert D. Walker, J., File No. J00150104. SYLLABUS Designating a proceeding against a juvenile as an extended jurisdiction juvenile prosecution at the request of the county attorney is error absent […]
FLINN v. MINNESOTA IRON CO., 172 Minn. 272 (1927)
215 N.W. 180 JAMES H. FLINN v. MINNESOTA IRON COMPANY AND ANOTHER.[1] No. 26,132.Supreme Court of Minnesota. July 22, 1927. [1] Reported in 215 N.W. 180. Case followed. Plaintiff appealed from an order of the district court for St. Louis county, Kenny, J., sustaining a demurrer to the complaint. Reversed, following Marble v. Oliver I. […]
STATE v. BUTZIN, 404 N.W.2d 819 (Minn.App. 1987)
STATE of Minnesota, Respondent, v. David Leon BUTZIN, Appellant. No. C3-86-829.Minnesota Court of Appeals. April 21, 1987. Review Denied June 9, 1987. Appeal from the District Court, Morrison County, Timothy J. Baland, J. Page 820 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] […]
BLUMMER v. SCANDINAVIAN AM. STATE BANK, 169 Minn. 89 (1926)
210 N.W. 865 SAMUEL BLUMMER v. SCANDINAVIAN AMERICAN STATE BANK OF BADGER AND ANOTHER.[1] No. 25,496.Supreme Court of Minnesota. November 5, 1926. [1] Reported in 210 N.W. 865. Money deposited in state bank to pay mortgage held a special deposit and preferred claim. A transaction between a bank and one leaving money with it construed […]
SCHWERN v. SCHWERN, 286 Minn. 532 (1970)
175 N.W.2d 427 MARGARET LILLIAN SCHWERM v. WILLIAM CARL SCHWERM. No. 41886.Supreme Court of Minnesota. February 27, 1970. Divorce — motion to set aside decree — claimed condonation. Appeal by defendant husband from an amended divorce decree in the Ramsey County District Court, Stephen L. Maxwell, Judge, and from an order denying his motion for […]
FORMANEK v. COMMISSIONER OF PUBLIC SAFETY, C5-96-2356 (Minn.App. 5-6-1997)
RAYMOND FRANK FORMANEK, petitioner, Appellant, v. COMMISSIONER OF PUBLIC SAFETY, Respondent. No. C5-96-2356.Minnesota Court of Appeals. Filed May 6, 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 […]
STATE v. KLEMENKO, C0-00-584 (Minn.App. 10-17-2000)
State of Minnesota, Appellant, vs. Timothy Michael Klemenko, Respondent. No. C0-00-584.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 […]
ATHAN v. FIREMAN’S FUND AMERICAN LIFE INS. CO., 309 Minn. 568 (1976)
244 N.W.2d 271 LAWRENCE D. ATHAN v. FIREMAN’S FUND AMERICAN LIFE INSURANCE COMPANY. No. 46234.Supreme Court of Minnesota. July 9, 1976. Insurance — health and accident policy — commencement of disability — application of process of nature rule. Action in the Ramsey County Municipal Court wherein plaintiff sought to recover disability benefits under an insurance […]
STATE v. CHRISTENSON, CX-00-172 (Minn.App. 10-10-2000)
State of Minnesota, Respondent, vs. Brendan Mark Christenson, Appellant. No. CX-00-172.Minnesota Court of Appeals. Filed October 10, 2000. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (1998). Appeal from the District […]
STATE v. CHAU, A06-794 (Minn.App. 5-8-2007)
State of Minnesota, Respondent v. Mau Chau, Appellant. No. A06-794.Minnesota Court of Appeals. Filed: May 8, 2007. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] Appeal from the District Court, Dakota County, File No. K7-05-2490. Lori Swanson, Attorney General, St. Paul, MN; and James C. Backstrom, Dakota County Attorney, Thomas Lockhart, […]
AUTO OWNERS INS. CO. v. PERRY, A06-1235 (Minn. 7-17-2007)
Auto Owners Insurance Company v. Chong Suk Perry. No. A06-1235.Supreme Court of Minnesota. Filed: July 17, 2007. Orders On Petitions for Further Review. Granted Page 1
IN RE SKIME v. SKIME, C1-98-2357 (Minn.App. 4-13-1999)
In Re the Marriage of: Michael Skime, petitioner, Respondent, v. Dawn Skime, n/k/a Dawn Payne, Appellant. No. C1-98-2357.Minnesota Court of Appeals. Filed April 13, 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, […]
STATE, BY SPANNAUS, v. COIN WHOLESALERS, INC., 311 Minn. 346 (1976)
250 N.W.2d 583 STATE, BY ITS ATTORNEY GENERAL, WARREN SPANNAUS, AND ANOTHER v. COIN WHOLESALERS, INC., AND OTHERS. No. 46142.Supreme Court of Minnesota. December 30, 1976. Securities — federal regulation of margin contracts of silver coins — effect on jurisdiction of proceedings under state law. 1. The Commodity Futures Trading Commission Act of 1974, P. […]
GOWIN v. PALLUCK-GOWIN, C8-02-1373 (Minn.App. 4-1-2003)
Gowin v. Palluck-Gowin. No. C8-02-1373.Minnesota Court of Appeals. April 1, 2003. Appeal from Hennepin County, Hon. Charles A. Porter, Jr. Schumacher, J. Reversed in part and remanded.
STATE v. DEROSIER, A03-1718 (Minn. 8-24-2005)
State v. James Howard Derosier. No. A03-1718.Supreme Court of Minnesota. August 24, 2005. Order on petition for further review Granted.
STATE v. ROEHL, 409 N.W.2d 44 (Minn.App. 1987)
STATE of Minnesota, Respondent, v. James Michael ROEHL, Appellant. No. C9-86-1855.Minnesota Court of Appeals. July 14, 1987. Appeal from the District Court, Crow Wing County, John Spellacy, J. Syllabus by the Court The jury’s verdict of burglary in the third degree is sufficiently supported by the evidence. Hubert H. Humphrey, III, Atty. Gen., Paul R. […]
STATE EX REL. N.W. AIRLINES v. TAX COMMISSION, 208 Minn. 195 (1940)
293 N.W. 243 STATE EX REL. NORTHWEST AIRLINES, INC. v. MINNESOTA TAX COMMISSION AND OTHERS.[1] No. 32,377.Supreme Court of Minnesota. July 12, 1940. [1] Reported in 293 N.W. 243. Taxation — income tax — refundment of overpayment. A taxpayer’s claim for refundment of income taxes covering the first six months of 1933 and paid on […]
WARD v. WARD, C2-93-257 (Minn.App. 11-23-1993)
Duane Frederick WARD, petitioner, Respondent, v. Regina WARD, Appellant, and Duane Frederick WARD, Respondent, v. Regina WARD, Appellant, Harry S.L. Lai, Defendant, Richard Lannon, Respondent. No. C2-93-257.Minnesota Court of Appeals. November 23, 1993. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] Appeal from District Court, Scott County; Richard G. Spicer, Judge. […]
MATTER OF WELFARE OF S.C.C., 452 N.W.2d 490 (Minn.App. 1990)
In the Matter of the WELFARE OF S.C.C., Child. No. C3-89-1347.Minnesota Court of Appeals. March 13, 1990. Appeal from the District Court, Blue Earth County, John R. Moonan, J. Syllabus by the Court For a driver’s license suspension prior to January 1, 1990, the effective date of the amended version of Minn.Stat. § 171.20 subd. […]
STATE v. ACHAW, CX-01-604 (Minn.App. 12-26-2001)
State of Minnesota, Respondent, v. Godfrey Tamale Achaw, Appellant. No. CX-01-604.Minnesota Court of Appeals. Filed December 26, 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 […]
MATTER OF WELFARE OF G. D. E., 313 N.W.2d 388 (Minn. 1981)
In the Matter of the WELFARE OF G. D. E. No. 51839.Supreme Court of Minnesota. December 16, 1981. Appeal from the District Court, Hennepin County, Allen Oleisky, J. Syllabus by the Court Commitment of a juvenile to the County Home School under Minn.Stat. § 260.185, subd. 1(c) (1980), must be for a definite period as […]
ANDERSON v. DeLISLE, 352 N.W.2d 794 (Minn.App. 1984)
Richard J. ANDERSON, Appellant, v. Thomas J. DeLISLE, et al., Respondents. No. CO-83-2040.Minnesota Court of Appeals. August 7, 1984. Appeal from the District Court, Washington County, Edward Bearse, J. Page 795 Syllabus by the Court Minnesota recognizes a cause of action for unjust enrichment brought by a defaulting vendee after statutory cancellation of a contract […]
IN RE DISCIPLINARY ACTION JAMES H. O’HAGAN, 450 N.W.2d 571 (Minn. 1990)
In re Petition for DISCIPLINARY ACTION AGAINST James H. O’HAGAN, an Attorney at Law of the State of Minnesota. No. C4-89-2152.Supreme Court of Minnesota. January 9, 1990. ORDER The Director of Lawyers Professional Responsibility on December 5, 1989, filed a petition with this court in which the Director alleged that the respondent had misappropriated approximately […]
STATE v. WIDMER, C8-95-1742 (Minn.App. 5-14-1996)
State of Minnesota, Respondent, vs. Carol Ann Widmer, a/k/a Carol Lynn Widmer, Appellant. No. C8-95-1742Minnesota Court of Appeals. Filed May 14, 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). […]
IN RE DECISION OF OTTER TAIL BRD. OF ADJ., A06-1696 (Minn.App. 7-3-2007)
In re the Matter of the Decision of County of Otter Tail Board of Adjustment to Deny a Variance to Cyril Stadsvold and Cynara Stadsvold. No. A06-1696.Minnesota Court of Appeals. Filed July 3, 2007. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be […]
STATE v. DAHLIN, A06-717 (Minn. 12-19-2007)
State v. Michael J. Dahlin. No. A06-717.Supreme Court of Minnesota. Filed: December 19, 2007. ORDERS ON PETITIONS FOR FURTHER REVIEW Granted. Page 1
DO v. AMERICAN FAMILY MUTUAL INS. CO., A07-1461 (Minn. 9-23-2008)
Dean Do v. American Family Mutual Insurance Company. No. A07-1461.Supreme Court of Minnesota. Filed: September 23, 2008. ORDERS ON PETITIONS FOR FURTHER REVIEW Granted Page 1
O’BRIEN v. AEROTEK INC., A07-1548 (Minn.App. 8-19-2008)
Jeffrey C. O’Brien, Relator, v. Aerotek Inc., Respondent, Department of Employment and Economic Development, Respondent. No. A07-1548.Minnesota Court of Appeals. Filed August 19, 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. […]
IN RE MARTINELLI, 649 N.W.2d 886 (Minn.App. 2002)
In the Matter of: Alexander Mark Martinelli. No. C4-00-748.Minnesota Court of Appeals. Filed: August 27, 2002. Appeal from the District Court, Hennepin County, File No. P89660565. Page 887 SYLLABUS 1. Kansas v. Crane, 534 U.S. 407, 122 S.Ct. 867 (2002), requires that there be a finding of “lack of control” of sexual conduct, based on […]
MATTER OF WELFARE OF M.E.P., 523 N.W.2d 913 (Minn.App. 1994)
In the Matter of the WELFARE OF M.E.P., Juvenile, A.A.D., Juvenile, R.A.J., Juvenile, E.A.E., Juvenile. Nos. C8-94-1214, CX-94-1215, C1-94-1216 and C3-94-1217.Minnesota Court of Appeals. November 22, 1994. Appeal from the District Court, Dakota County, Patrice K. Sutherland, J. Page 914 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, […]
KRUGER v. GOODNO, A06-761 (Minn.App. 5-23-2006)
Clark A. Kruger, petitioner, Appellant, v. Kevin Goodno, Commissioner of Human Services, Respondent. No. A06-761.Minnesota Court of Appeals. May 23, 2006. Nicollet County District Court, Hon. Allison Krehbiel-Baskfield. RECENT ORDER OPINION Chief Judge EDWARD TOUSSAINT, JR. Affirmed.
STATE v. HOFFMAN, C0-97-721 (Minn.App. 12-30-1997)
STATE OF MINNESOTA, Respondent, v. LINDA RAE HOFFMAN, n/k/a LINDA RAE REICKS, Appellant. No. C0-97-721.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). […]
MATTER OF CIVIL COMMITMENT OF MARTIN, 661 N.W.2d 632 (Minn.App. 2003)
In the Matter of the Civil Commitment of: James Allen Martin. No. C3-02-2236; CX-03-168.Minnesota Court of Appeals. Filed: May 20, 2003. Appeal from the Anoka County District Court, File No. PX019959. Page 633 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 634 […]
FABIO v. BELLOMO, 489 N.W.2d 241 (Minn.App. 1992)
Delores FABIO, Appellant, v. James BELLOMO, M.D., Respondent. No. C6-91-2542.Minnesota Court of Appeals. July 28, 1992. Review Granted September 30, 1992. Appeal from the District Court, Ramsey County, Allan R. Markert, J. Page 242 Syllabus by the Court 1. A patient’s last day of treatment for a particular injury or malady marks the termination of […]
STATE v. DOWNS, C5-99-265 (Minn.App. 11-23-1999)
State of Minnesota, Respondent, v. Anthony Lane Downs, Appellant. No. C5-99-265.Minnesota Court of Appeals. Filed November 23, 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 DISCIPLINARY ACTION AGAINST ALBRECHT, 577 N.W.2d 712 (Minn. 1998)
In re Petition for DISCIPLINARY ACTION AGAINST Alan J. ALBRECHT, an Attorney at Law of the State of Minnesota. No. C3-97-356.Supreme Court of Minnesota. April 14, 1998. ORDER WHEREAS, respondent Alan J. Albrecht was suspended from the practice of law, In Re Disciplinary Action Against Albrecht, 573 N.W.2d 89 (Minn. 1998); and WHEREAS, upon respondent’s […]