Richard OCHS, Appellant, v. STREATER, INC., Respondent. No. C4-97-446.Minnesota Court of Appeals. September 2, 1997. Appeal from the District Court, Freeborn County, John A. Chesterman, J. Syllabus by the Court An action is “brought” under Minn.Stat. § 363.14, subd. 1(a)(1) (1996), when it is “commenced” in accordance with Minn. R.Civ.P. 3.01. Elizabeth W. Kimball, Kimball […]
Category: Minnesota Court Opinions
BEASLEY v. ROEHRICH, C1-01-653 (Minn.App. 6-26-2001)
Tywon T. Beasley, petitioner, Appellant, vs. Connie Roehrich, et al., Respondents. No. C1-01-653.Minnesota Court of Appeals. Filed June 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 [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn.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 […]
WESTERN UNION TELEGRAPH CO. v. SPAETH, 232 Minn. 128 (1950)
44 N.W.2d 440 WESTERN UNION TELEGRAPH COMPANY v. G. HOWARD SPAETH.[1] Nos. 35,218, 35,219, 35,220.Supreme Court of Minnesota. October 20, 1950. [1] Reported in 44 N.W.2d 440. Taxation — franchise tax — nonliability therefor — telegraph company subject to gross earnings tax. A telegraph company which has paid gross earnings taxes for the calendar years […]
IN RE STORCH v. STORCH, A04-267 (Minn.App. 11-30-2004)
In re Susan Wetsman (Storch), petitioner, Respondent, v. Paul Storch, Appellant. No. A04-267.Minnesota Court of Appeals. Filed: November 30, 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 [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn.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 […]
ABRAHAM v. FARMERS HOME MUT. INS. CO., 439 N.W.2d 48 (Minn.App. 1989)
Wade William ABRAHAM, Appellant, v. FARMERS HOME MUTUAL INSURANCE COMPANY, Respondent. No. C6-88-1963.Minnesota Court of Appeals. May 2, 1989. Review Denied June 21, 1989. Appeal from the District Court, Le Sueur County, John C. Schmidt, J. Syllabus by the Court 1. Summary judgment is inappropriate where a genuine issue of material fact exists. 2. The […]
IN RE BURKSTRAND v. BURKSTRAND, C2-01-1200 (Minn.App. 3-12-2002)
In Re the Marriage of: Steven Glen Burkstrand, petitioner, Appellant, v. Linda Rae Burkstrand, Respondent. No. C2-01-1200.Minnesota Court of Appeals. Filed March 12, 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 [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn.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. […]
HOLT v. RURAL WEEKLY CO., 173 Minn. 337 (1928)
217 N.W. 345 A.F. HOLT v. RURAL WEEKLY COMPANY.[1] No. 26,417.Supreme Court of Minnesota. January 6, 1928. [1] Reported in 217 N.W. 345. Partly obsolete words having been counted in list of winner of first prize, such words should have been counted in the list of winner of second prize. 1. Defendant instituted a contest […]
IN RE MICHAUD v. MICHAUD, C5-95-2234 (Minn.App. 6-25-1996)
In Re the Marriage of: Jeffrey Howard Michaud, petitioner, Appellant, vs. Elisa Beth Michaud, n/k/a Elisa Beth August-Michaud, Respondent. No. C5-95-2234.Minnesota Court of Appeals. Filed June 25, 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. […]
IN RE PET. FOR INSTR. TO CONSTRUE BASIC RES. 876, A07-1512 (Minn. 8-19-2008)
In re a Petition for Instructions to Construe Basic Resolution 876 of The Port Authority of the City of St. Paul. Nos. A07-1512, A07-1513 and A07-1514.Supreme Court of Minnesota. Filed August 19, 2008. ORDERS ON PETITIONS FOR FURTHER REVIEW Granted Page 1
STUDER v. KIFFMEYER, 712 N.W.2d 552 (Minn. 2006)
Rick STUDER, Petitioner, v. Mary KIFFMEYER, Minnesota Secretary of State, Respondent, Randy Schreifels, Stearns County Auditor/Treasurer, Respondent, Joan Neyssen, Benton County Auditor/Treasurer, Respondent, Ramona Doebler, Sherburne County Auditor/Treasurer, Respondent, and Sue Ek, Intervenor-Respondent. No. A05-2412.Supreme Court of Minnesota. April 20, 2006. Appeal from the George Stephenson, Supreme Court Referee. Page 553 Syllabus by the Court […]
PASSOLT v. PASSOLT, A10-1151 (Minn. 11-15-2011)
Lisa Jean Passolt v. Jeffery Robert Passolt. No. A10-1151.Supreme Court of Minnesota. Filed November 15, 2011. ORDER ON PETITION FOR FURTHER REVIEW Denied. Page 1
KNOTT v. HAWLEY, 166 Minn. 363 (1926)
207 N.W. 736 HENRY N. KNOTT v. EDWARD W. HAWLEY.[1] No. 25,143.Supreme Court of Minnesota. March 12, 1926. [1] Reported in 207 N.W. 736. District court has no power to appoint receiver in supplementary proceedings, to collect unearned salary of debtor. There is no power in the district court to authorize a receiver, appointed in […]
HANCOCK v. LEWIS, 265 Minn. 519 (1963)
122 N.W.2d 592 PAUL HANCOCK v. MELVIN LEWIS. No. 39,101.Supreme Court of Minnesota. June 12, 1963. Elections — contest — nature of proceedings. 1. An election contest is, under the laws of this state, an exclusive statutory proceeding, special and summary in nature, requiring strict observance of the statute with respect to the steps necessary […]
GEORGE v. MARVIN L. GEORGE BUILDERS, INC., 282 Minn. 375 (1969)
164 N.W.2d 891 BERNARD GEORGE v. MARVIN L. GEORGE BUILDERS, INC., AND OTHERS. J. E. SLATTERY CONSTRUCTION COMPANY AND ANOTHER, RELATORS. No. 41224.Supreme Court of Minnesota. January 31, 1969. Workmen’s compensation — proceedings — admissibility — attending physician’s report containing inconsistent accident history — procedure if not received. 1. Where an employee seeking workmen’s compensation […]
STATE v. SCALES, 518 N.W.2d 587 (Minn. 1994)
STATE of Minnesota, Respondent, v. Michael Jerome SCALES, Appellant. No. C4-93-1541.Supreme Court of Minnesota. June 30, 1994. Rehearing Denied August 22, 1994. Appeal from the District Court, Hennepin County, William R. Howard, J. Page 588 Syllabus by the Court 1. All custodial interrogation including any information about rights, any waiver of those rights, and all […]
INTEGRATED DEV. MFG. v. UNIV. OF MINN., 363 N.W.2d 845 (Minn.App. 1985)
INTEGRATED DEVELOPMENT MANUFACTURING COMPANY, Appellant, v. The UNIVERSITY OF MINNESOTA, Controlled Environments, Inc., Respondents. No. C0-84-2114.Minnesota Court of Appeals. March 12, 1985. Appeal from the District Court, Hennepin County, Harold Odland, J. Page 846 Syllabus by the Court The trial court did not abuse its discretion in denying a temporary injunction because appellant is unlikely […]
MITTAG v. CASEYS RETAIL COMPANY, A05-1755 (Minn.App. 6-6-2006)
Pamela J. Mittag, Relator, v. Caseys Retail Company (Corp), Respondent, Department of Employment Economic Development, Respondent. No. A05-1755.Minnesota Court of Appeals. Filed June 6, 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, […]
PEOPLES NATURAL GAS CO. v. MINNESOTA P.U.C., 369 N.W.2d 530 (Minn. 1985)
PEOPLES NATURAL GAS COMPANY, A DIVISION OF INTER-NORTH, INC., petitioner, Relator, v. MINNESOTA PUBLIC UTILITIES COMMISSION, Respondent, Erie Mining Company, Hibbing Taconite Joint Venture, and The Hanna Mining Company, intervenors, Respondents. No. C6-83-1684.Supreme Court of Minnesota. June 21, 1985. Rehearing Denied August 13, 1985. Appeal from the Court of Appeals. Page 531 Syllabus by the […]
KIENLEN v. KIENLEN, 227 Minn. 137 (1948)
34 N.W.2d 151 LOREN C. KIENLEN v. IMOGENE M. KIENLEN.[1] No. 34,876.Supreme Court of Minnesota. October 29, 1948. [1] Reported in 34 N.W.2d 351. Divorce — custody of child — effect of death of parent having custody. 1. The prevailing rule is that upon the death of the parent who has held custody of a […]
SMITS v. WAL-MART STORES, INC., 525 N.W.2d 554 (Minn.App. 1994)
Gregg J. SMITS, Respondent, v. WAL-MART STORES, INC., Appellant. No. CX-94-906.Minnesota Court of Appeals. December 20, 1994. Review Denied February 14, 1995. Appeal from the District Court of Clay County, Kathleen Weir, J. Page 555 Syllabus by the Court 1. A merchant who calls the police to report a theft is not protected by a […]
LOBASH v. LOBASH, 283 Minn. 255 (1969)
167 N.W.2d 43 MICHAEL P. LOBASH v. BONITA A. LOBASH. No. 41142.Supreme Court of Minnesota. April 18, 1969. Divorce — custody of children — award to father. It was not an abuse of discretion to award custody of minor children to their father where the mother was pregnant by an adulterous relationship, was planning to […]
MICHEL v. VOGELPOHL, A05-1263 (Minn.App. 4-25-2006)
Marilyn M. Michel, petitioner, Appellant, v. Patricia Vogelpohl, Respondent. No. A05-1263.Minnesota Court of Appeals. Filed April 25, 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 District […]
BLISS v. MINNEAPOLIS STAR TRIBUNE CO., 303 N.W.2d 460 (Minn. 1981)
William BLISS, Relator, v. MINNEAPOLIS STAR TRIBUNE COMPANY, Respondent. No. 51351.Supreme Court of Minnesota. February 13, 1981. Appeal from the Workers’ Compensation Court of Appeals. Robert V. Daly, Jr., Compensation Atty., Duluth, for relator. James Pikala, Minneapolis, for respondent. Considered and decided by the court en banc without oral argument. SCOTT, Judge. Employee seeks review […]
STATE v. EAGLE, 620 N.W.2d 42 (Minn. 2000)
State of Minnesota, Respondent, vs. Pedro Jumping Eagle, petitioner, Appellant. No. C8-99-874.Supreme Court of Minnesota. Filed: December 28, 2000. Appeal from the Office of Appellate Courts. SYLLABUS Where the addition of a mandatory conditional-release term has the effect of increasing a defendant’s sentence beyond the upper limit of his court-accepted plea agreement, the sentencing court […]
STARK FARMERS MUTUAL INS. CO. v. RODRIGUEZ, C7-96-60 (Minn.App. 6-25-1996)
Stark Farmers Mutual Insurance Company, Respondent, Marcel Hoffmann, et al., Appellants, vs. Fred Rodriguez, Defendant, M M Lounge Restaurant, Ltd., d/b/a The Barrel Inn, Defendant, The Getaway of New Ulm, Defendant. No. C7-96-60.Minnesota Court of Appeals. Filed: June 25, 1996. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will […]
IN MATTER OF BELL., C6-99-727 (Minn.App. 8-24-1999)
In the Matter of: Andre T. Bell. No. C6-99-727.Minnesota Court of Appeals. Filed August 24, 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 Court, Hennepin […]
TOWN OF DELL GROVE v. HELWIG, 276 Minn. 139 (1967)
149 N.W.2d 73 TOWN OF DELL GROVE v. WILLIAM HELWIG AND ANOTHER. No. 39,961.Supreme Court of Minnesota. March 3, 1967. Town — action to restrain obstruction of road — capacity to sue. A town has no power to institute an action for an injunction to restrain the obstruction of an alleged public road unless authorized […]
WORWA v. SOLZ ENTERPRISES, 307 Minn. 490 (1976)
238 N.W.2d 628 DONALD WORWA v. SOLZ ENTERPRISES AND OTHERS. No. 45585.Supreme Court of Minnesota. February 6, 1976. Contracts — action to recover sum due under oral wage contract — summary judgment — propriety. Action in the Hennepin County District Court to recover a sum allegedly owed plaintiff on an oral contract to perform certain […]
WOJCIECHOWSKI BY WOJCIECHOWSKI v. HARER, 496 N.W.2d 844 (Minn.App. 1993)
A-Jay A. WOJCIECHOWSKI, By his parent and natural guardian Terry J. WOJCIECHOWSKI, Appellant, v. Terry HARER, et al., Respondents, and Jack SCUDDER, et al., Defendants and Third-Party Plaintiffs, Respondents, v. Terry A. WOJCIECHOWSKI, et al., Third-Party Defendants. No. C4-92-1531.Minnesota Court of Appeals. March 2, 1993. Appeal from the District Court, Chisago County, Linn Slattengren, J. […]
STATE v. MANNING, A06-1764 (Minn.App. 8-7-2007)
State of Minnesota, Respondent, v. Nate Manning, Appellant. No. A06-1764.Minnesota Court of Appeals. Filed: August 7, 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 Court, […]
SMITHERS v. INDT. SCH. DIST. NO. 477, A09-1051 (Minn.App. 3-16-2010)
Catherine Smithers, Relator, v. Independent School District No. 477, Respondent, Department of Employment and Economic Development, Respondent. No. A09-1051.Minnesota Court of Appeals. Filed March 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. § […]
STATE v. WOOD, 168 Minn. 34 (1926)
209 N.W. 529 STATE v. HARRY C. WOOD.[1] No. 25,568.Supreme Court of Minnesota. June 18, 1926. [1] Reported in 209 N.W. 529. Directed verdict that defendant had been in jeopardy of punishment not required. 1. The facts mentioned in the opinion did not require the court to direct a verdict in defendant’s favor on the […]
CITY OF PRIOR LAKE v. BALLARD, 375 N.W.2d 585 (Minn.App. 1985)
The CITY OF PRIOR LAKE, Appellant, v. Henry R. BALLARD, et al., Respondents. No. C9-85-808.Minnesota Court of Appeals. October 29, 1985. Appeal from the District Court, Scott County, Raymond Pavlak, J. Page 586 Syllabus by the Court 1. In a condemnation action for a permanent easement to provide public access to a lake, evidence of […]
NATIONAL GEN. INS. CO. v. AMERICAN STANDARD INS. CO., 311 Minn. 415 (1977)
249 N.W.2d 453 NATIONAL GENERAL INSURANCE COMPANY v. AMERICAN STANDARD INSURANCE COMPANY OF WISCONSIN. No. 46552.Supreme Court of Minnesota. January 7, 1977. Insurance — automobile insurance policy — uninsured-motorist coverage — compliance with requirement that lesser limits than those provided by statute be designated in writing by insured. Where the statute provided that uninsured motorist […]
JOHNSON v. WHITNEY, 217 Minn. 468 (1944)
14 N.W.2d 765 JOHN JOHNSON v. D. E. WHITNEY, ADMINISTRATOR OF ESTATE OF ADRIEN P. REYMOND.[1] No. 33,753.Supreme Court of Minnesota. May 26, 1944. [1] Reported in 14 N.W.2d 765. Judgment — notwithstanding verdict — motion — necessity of motion for directed verdict as basis therefor. 1. Under Minn. St. 1941, § 605.06 (Mason St. […]
ROUSE v. DUNKLEY BENNETT, P.A., 520 N.W.2d 406 (Minn. 1994)
Alan ROUSE, Respondent, v. DUNKLEY BENNETT, P.A., et al., Petitioners, Appellants. No. C6-93-777.Supreme Court of Minnesota. August 26, 1994. Rehearing Denied October 20, 1994. Appeal from the District Court. Syllabus by the Court 1. The plaintiff’s burden in response to a summary judgment motion on the causation element of a legal malpractice action is to […]
LENNARTSON v. COMMISSIONER OF PUBLIC SAFETY, A07-0500 (Minn.App. 4-8-2008)
Andrea Lyn Lennartson, petitioner, Appellant, v. Commissioner of Public Safety, Respondent, and State of Minnesota, Respondent, v. Andrea Lyn Lennartson, Appellant. Nos. A07-0500, A07-0834.Minnesota Court of Appeals. Filed April 8, 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 […]
PETERSON v. JOHNSON, 733 N.W.2d 502 (Minn.App. 2007)
Lisa PETERSON, Respondent, v. Philip JOHNSON, Appellant. No. A06-1830.Minnesota Court of Appeals. June 26, 2007. Appeal from the District Court, Cottonwood County, Terry M. Dempsey, J. Page 503 SYLLABUS 1. A vendee-homeowner complies with the home-warranty notice requirement in Minn.Stat. § 327A.03(a) (2006), by serving a detailed summons and complaint on the homebuilder. 2. A […]
CITIZENS STATE BANK OF HERSCHER v. PETERS, 179 Minn. 330 (1930)
229 N.W. 129 CITIZENS STATE BANK OF HERSCHER, ILLINOIS, v. HENRY H. PETERS AND ANOTHER.[1] No. 27,704.Supreme Court of Minnesota. February 7, 1930. [1] Reported in 229 N.W. 129. When mortgagee’s extension to grantees of mortgagor releases the latter. A mortgagee, who with knowledge of a sale of the land subject to his mortgage gives […]
WILLIS v. UTECHT, 231 Minn. 568 (1950)
42 N.W.2d 818 RICHARD CLARENCE WILLIS v. LEO F. UTECHT. WELDON BURL MEADOWS v. SAME.[1] Nos. 35,305, 35,306.Supreme Court of Minnesota. June 2, 1950. [1] Reported in 42 N.W.2d 818. Habeas corpus — grounds for issuance of writs by supreme court — sufficiency. Application to this court by Richard Clarence Willis and Weldon Burl Meadows […]
FRESONKE v. ST. MARY’S HOSP., 363 N.W.2d 328 (Minn.App. 1985)
Duane N. FRESONKE, Relator, v. ST. MARY’S HOSPITAL, Department of Economic Security, Respondents. No. C9-84-1897.Minnesota Court of Appeals. February 26, 1985. Appeal from the Commissioner of Economic Security. Syllabus by the Court Relator Duane N. Fresonke was discharged for misconduct and is disqualified from the receipt of unemployment compensation benefits pursuant to Minn.Stat. § 268.09, […]
MILSAP v. SPECIAL S.D. NO. 1, C8-99-79 (Minn.App. 6-15-1999)
James W. Milsap, Appellant, v. Special School District No. 1, Minneapolis Public Schools, Respondent, CRSS Constructors, Inc., et al., Respondents, Arkay Construction Company, et al., Respondents. No. C8-99-79.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 […]
IN RE ESTATE OF MARTTINEN, 171 Minn. 475 (1927)
214 N.W. 469 IN RE ESTATE OF WALTER MARTTINEN.[1] No. 26,094.Supreme Court of Minnesota. June 10, 1927. [1] Reported in 214 N.W. 469. In a case triable to the court, it may send an issue to a jury of its own motion. 1. Since, in a case triable to the court, the court, on its […]
IN MATTER OF THE WELFARE OF S.M.P., A09-519 (Minn. 10-28-2009)
In the Matter of the Welfare of the Child of: S.M.P. and B.B., Parents and In the Matter of the Welfare of the Child of: S.M.P. and R.S., Parents. No. A09-519.Supreme Court of Minnesota. Filed October 28, 2009. ORDERS ON PETITIONS FOR FURTHER REVIEW Denied Page 1
IN RE DISCIPLINARY ACTION AGAINST JOHNSON, 443 N.W.2d 519 (Minn. 1989)
In re Petition for DISCIPLINARY ACTION AGAINST Donna Rae JOHNSON, an Attorney at Law of the State of Minnesota. No. CX-89-1152.Supreme Court of Minnesota. July 19, 1989. ORDER The Director of Lawyers Professional Responsibility filed with this court a stipulation alleging that the respondent, Donna Rae Johnson, an attorney duly licensed to practice law in […]
STATE v. ROSEN, 280 Minn. 550 (1968)
158 N.W.2d 202 STATE v. RAYMOND LAWRENCE ROSEN. No. 40,964.Supreme Court of Minnesota. April 5, 1968. Criminal law — trial — allusion in charge to defendant’s failure to testify — effect. Appeal by Raymond Lawrence Rosen from a judgment of the Stearns County District Court, E. J. Ruegemer, Judge, whereby he was convicted of attempted […]
CHERGOSKY v. CROSSTOWN BELL, INC., 463 N.W.2d 522 (Minn. 1990)
George Dorothy CHERGOSKY, Appellants v. CROSSTOWN BELL, INC., Robert T. Griffith Alfred M. Teien, Respondents. No. C0-89-2181.Supreme Court of Minnesota. November 30, 1990. Appeal from the District Court, Hennepin County, Jonathan Lebedoff, J. Page 523 Syllabus by the Court Where a person has assumed the obligations of an unrecorded interest in real property, that person, […]
LAKE PARK D. CO. v. STEENBERG CONST. CO., 201 Minn. 396 (1937)
276 N.W. 651 LAKE PARK DEVELOPMENT COMPANY v. PAUL STEENBERG CONSTRUCTION COMPANY.[1] No. 31,233.Supreme Court of Minnesota. December 17, 1937. [1] Reported in 276 N.W. 651. Corporation — officer’s use of corporate property for personal obligations. 1. An officer of a corporation does not have authority to use the corporate property to pay his personal […]
CLAUSEN v. STATE, 288 Minn. 558 (1970)
181 N.W.2d 471 KENNETH D. CLAUSEN v. STATE. No. 42165.Supreme Court of Minnesota. November 13, 1970. Criminal law — postconviction relief — denial — propriety. Appeal by Kenneth D. Clausen from an order of the Sherburne County District Court, Carroll E. Larson, Judge, denying his petition for postconviction relief after being convicted of first-degree grand […]
TYLER v. BRUCE, 164 Minn. 167 (1925)
204 N.W. 644 ALBERT F. TYLER AND ANOTHER v. JOHN R. BRUCE AND OTHERS.[1] No. 24,459.Supreme Court of Minnesota. July 10, 1925. [1] Reported in 204 N.W. 644. Finding sustained as to ownership of periodical. 1. The evidence sustains the trial court’s finding that the Journal of Radiology, published by the plaintiff publishing company for […]
IN RE YANG v. YANG, C0-02-1674 (Minn.App. 5-27-2003)
In re: Jualy Yang, petitioner, Appellant, v. Jer Yang, Respondent. No. C0-02-1674.Minnesota Court of Appeals. Filed: May 27, 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 […]
IN RE ESTATE OF GILROY, 193 Minn. 349 (1935)
258 N.W. 584 IN RE ESTATES OF EARL W. AND FRANCIS R. GILROY. DESMOND F. PRATT v. C. ARTHUR CHENEY.[1] Nos. 30,071, 30,072.Supreme Court of Minnesota. January 25, 1935. [1] Reported in 258 N.W. 584. Court — probate — jurisdiction. Constitution — jurisdiction of probate court — legislative powers. 1. The probate court has exclusive […]
STATE v. GARRISON, A08-1091 (Minn.App. 5-5-2009)
State of Minnesota ex rel Bruce R. Schwichtenberg, et al., and Bruce R. Schwichtenberg, et al., individually, Appellants, v. Kevin D. Garrison, et al., Respondents, County of Carver, Minnesota, et al., Respondents. No. A08-1091.Minnesota Court of Appeals. Filed May 5, 2009. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion […]
CHEVALIER v. ROGERS, 230 Minn. 540 (1950)
41 N.W.2d 872 PERCY R. CHEVALIER v. ROBERT ROGERS.[1] No. 35,067.Supreme Court of Minnesota. April 6, 1950. [1] Reported in 41 N.W.2d 872. Automobile — action for injuries arising out of collision — effect of verdict of negligence as to both plaintiff and defendant. Where, in an automobile collision case, in which plaintiff sued to […]
BLANKENFELD v. SMITH, 290 Minn. 475 (1971)
188 N.W.2d 872 BETHEL BLANKENFELD AND ANOTHER v. CHARLES SMITH. Nos. 42753, 42754.Supreme Court of Minnesota. July 9, 1971. Sales — oral contract to sell stock — enforceability. 1. Under the Uniform Commercial Code, the enforcement of an oral agreement for the sale of shares of corporate stock is not barred when the party against […]
RUD v. FLOOD, 385 N.W.2d 357 (Minn.App. 1986)
Olga RUD, Appellant, v. Raymond FLOOD, Respondent. No. C8-85-1724.Minnesota Court of Appeals. April 15, 1986. Appeal from the District Court, Hennepin County, Franklin J. Knoll, J. Page 358 Syllabus by the Court In personal injury action, although respondent did not introduce his own medical experts to refute the claim of permanency, there was sufficient evidence […]
IN RE DISCIPLINARY ACTION AGAINST KLEIN, 609 N.W.2d 230 (Minn. 2000)
In Re Petition for Disciplinary Action Against Harlan P. Klein, an Attorney at Law of the State of Minnesota. C5-88-1968.Supreme Court of Minnesota. April 20, 2000. SYLLABUS Indefinite suspension for a minimum of two years is warranted where an attorney displays a pattern of dishonesty and client neglect that has resulted in three prior admonitions […]
LUTHER v. AMERICAN NAT. BANK OF MINNESOTA, A06-1462 (Minn.App. 8-28-2007)
Bruce William Luther, Appellant, Lynette C. Luther, Plaintiff, v. American National Bank of Minnesota, Respondent. No. A06-1462.Minnesota Court of Appeals. Filed: August 28, 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. […]
SHORT v. DAIRYLAND INS. CO., 334 N.W.2d 384 (Minn. 1983)
Brian P. SHORT, as Trustee in Bankruptcy for Gerald D. Kearney, Respondent, v. DAIRYLAND INSURANCE COMPANY, Appellant. No. C7-82-1330.Supreme Court of Minnesota. May 27, 1983. Appeal from the District Court, Hennepin County, Jonathan Lebedoff, J. Page 385 Syllabus by the Court An insurer who refuses to settle a claim for the limits of its policy […]
BROUGHTON v. CURRAN V. NIELSEN CO., INC., 287 N.W.2d 640 (Minn. 1979)
Curtis R. BROUGHTON, Respondent, v. CURRAN V. NIELSEN COMPANY, INC., Appellant, John Sahf Construction, Inc., Respondent. CURRAN V. NIELSEN COMPANY, INC., third-party plaintiff, Appellant, v. JOHN SAHF CONSTRUCTION, INC., third-party defendant, Respondent, Anderson Heating and Roofing, Inc., third-party defendant, Respondent. No. 49288.Supreme Court of Minnesota. December 28, 1979. Appeal from the District Court, Dodge County, […]
OSTROM v. OUTDOOR SERVICES, INC., A06-55 (Minn.App. 8-15-2006)
John Eric Ostrom, Relator, v. Outdoor Services, Inc., Respondent, Department of Employment and Economic Development, Respondent. No. A06-55.Minnesota Court of Appeals. Filed August 15, 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, […]
STATE v. WATTS, C8-02-773 (Minn.App. 6-10-2003)
State of Minnesota, Respondent, v. Noble James Watts, Appellant. No. C8-02-773.Minnesota Court of Appeals. Filed June 10, 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 […]
STATE v. DeROCKER, A03-1077 (Minn.App. 7-27-2004)
State of Minnesota, Respondent, v. Chad DeRocker, Appellant. No. A03-1077.Minnesota Court of Appeals. Filed July 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. Stat. § 480A.08, subd. 3 (2002). Appeal from the District Court, […]
MATTER OF ASHMAN, C8-98-2078 (Minn. 7-28-1999)
In the Matter of: Charles Randel Ashman. No. C8-98-2078.Supreme Court of Minnesota. July 28, 1999. Granted
STATE v. SCHULZ, A05-259 (Minn. 5-24-2006)
State v. Jean Marie Schulz, a/k/a Jean Marie Reimer. No. A05-259.Supreme Court of Minnesota. Filed May 24, 2006. Order on petition for further review Denied.
STATE v. SWENSON, 295 Minn. 526 (1972)
203 N.W.2d 388 STATE v. RONALD ALTON SWENSON. No. 43566.Supreme Court of Minnesota. December 15, 1972. Highway traffic regulation — speeding conviction — issues without merit. Appeal by Ronald Alton Swenson from a judgment of the Carver County Municipal Court, John A. Fahey, Judge, whereby he was convicted of driving in excess of the speed […]
IN RE T.J.C., 670 N.W.2d 629 (Minn.App. 2003)
In the Matter of the Welfare of: T.J.C., Child. No. C3-02-1622.Minnesota Court of Appeals. Filed: November 10, 2003. Appeal from the District Court, Mille Lacs County, File No. J40150320. Page 630 SYLLABUS The erroneous introduction of statements made in violation of the Miranda right is harmless error under the Juarez standard when the district court’s […]
O’KANE v. HEALTH RECOVERY CTR., C0-98-2379 (Minn.App. 7-27-1999)
Brian P. O’Kane, Appellant, v. Health Recovery Center, Inc., et al., Respondents, Bio-Recovery, Inc., et al., Respondents. No. C0-98-2379.Minnesota Court of Appeals. Filed July 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 § […]
KOROVILAS v. BON TON RENOVATING CO. INC., 219 Minn. 294 (1945)
17 N.W.2d 502 ARIST KOROVILAS v. BON TON RENOVATING COMPANY, INC. AND ANOTHER.[1] No. 33,923.Supreme Court of Minnesota. February 9, 1945. [1] Reported in 17 N.W.2d 502. Workmen’s compensation — who are employes within act. 1. Under our workmen’s compensation act, only those are employes who perform service for hire and to whom the employer […]
MCCALLUM v. WESTERN NATL. MUTUAL INS., 597 N.W.2d 307 (Minn.App. 1999)
Kim McCallum, et al., Respondents, v. Western National Mutual Insurance Company, Appellant. No. C2-99-336.Minnesota Court of Appeals. Filed July 13, 1999. Appeal from Ramsey County District Court, Kathleen R. Gearin, J., File No. C9-97-9736. Page 308 Syllabus After execution has issued a party’s payment of a judgment is involuntary and does not result in a […]
IN RE MARRIAGE OF BRAATZ v. BRAATZ, A09-1006 (Minn.App. 3-9-2010)
In re the Marriage of: Jason John Braatz, petitioner, Appellant, v. Jessica Rae Braatz, Respondent, and County of Meeker, intervenor, Respondent. No. A09-1006.Minnesota Court of Appeals. Filed March 9, 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 […]
STATE EX REL. BARNESS v. COUNTY OF HENNEPIN, 252 Minn. 174 (1958)
89 N.W.2d 166 STATE EX REL. RICHARD M. BARNESS v. COUNTY OF HENNEPIN. No. 37,440.Supreme Court of Minnesota. April 11, 1958. Coram nobis — function. The function of a writ of coram nobis is to correct a judgment in the same court in which it is rendered for errors of fact which do not appear […]
STATE v. POPOWSKI, A08-0486 (Minn.App. 6-23-2009)
State of Minnesota, Respondent, v. Valjean Popowski Jr., Appellant. No. A08-0486.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 the District […]
SELLARS v. SELLARS, 196 Minn. 143 (1936)
264 N.W. 425 PAUL SELLARS v. JULIA SELLARS.[1] No. 30,666.Supreme Court of Minnesota. January 10, 1936. [1] Reported in 264 N.W. 425. Guardian and ward — accounting — jurisdiction of court. In 1927 the probate court entered its decree discharging the appellant’s guardian and approving a settlement then made. Shortly thereafter the guardian moved to […]
STATE v. BLAIR, 402 N.W.2d 154 (Minn.App. 1987)
STATE of Minnesota, Respondent, v. David Byron BLAIR, Appellant. No. C2-86-1521.Minnesota Court of Appeals. March 10, 1987. Appeal from the District Court, St. Louis County, Jack J. Litman, J. Page 155 Syllabus by the Court 1. Where appellant raised the issue of his unemployment, the trial court did not abuse its discretion in allowing the […]
STATE v. ROWLETTE, C7-01-706 (Minn.App. 2-19-2002)
State of Minnesota, Respondent, v. Gerald Rowlette, Appellant. No. C7-01-706.Minnesota Court of Appeals. Filed February 19, 2002. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2000). Appeal from the District Court, […]
STATE v. SMITH, A10-916 (Minn.App. 4-5-2011)
State of Minnesota, Respondent, v. Brandon Ryan Smith, Appellant. No. A10-916.Minnesota Court of Appeals. Filed April 5, 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. SCHRUPP, A08-1340 (Minn. 11-23-2010)
State v. Donald Bruce Schrupp. Nos. A08-1340 and A10-80.Supreme Court of Minnesota. Filed November 23, 2010. ORDERS ON PETITIONS FOR FURTHER REVIEW Denied Page 1
STATE v. LIBBY, A10-624 (Minn. 5-25-2011)
State v. William Ike Libby, Jr. No. A10-624.Supreme Court of Minnesota. Filed May 25, 2011. ORDERS ON PETITIONS FOR FURTHER REVIEW Denied Page 1
STATE v. ANDERSON, A08-1394 (Minn. 10-28-2009)
State v. Craig Leslie Anderson. No. A08-1394.Supreme Court of Minnesota. Filed October 28, 2009. ORDERS ON PETITIONS FOR FURTHER REVIEW Denied Page 1
STATE v. STARKEY, 507 N.W.2d 8 (Minn.App. 1993)
STATE of Minnesota, Respondent, v. Jayme Charles Frederick STARKEY, Appellant. No. C0-92-2109.Minnesota Court of Appeals. October 12, 1993. Review Granted November 16, 1993. Appeal from the District Court, Hennepin County, John M. Stanoch, J. Page 9 Syllabus by the Court 1. A jury is not required to credit a defendant’s exculpatory testimony in the face […]
STATE v. SCHUSTER, 744 N.W.2d 374 (Minn. 2008)
STATE of Minnesota, Petitioner, v. Nathan Dean SCHUSTER, Respondent, Wade William Little Owl, Respondent. Nos. A04-2278, A05-41.Supreme Court of Minnesota. April 26, 2006. ORDER Based upon all the files, records and proceedings herein, IT IS HEREBY ORDERED that the petition of the State of Minnesota for further review be, and the same is, granted, and […]
WONG v. INTERSPACE-WEST, INC., A04-2409 (Minn. 10-18-2005)
Gordon Wong v. Interspace-West, Inc. No. A04-2409.Supreme Court of Minnesota. Filed October 18, 2005. Order on petition for further review Denied.
IN RE ESTATE OF MOLDENHAUER, A08-0263 (Minn.App. 1-27-2009)
In re the Estate of: Marie M. Moldenhauer, Decedent. No. A08-0263.Minnesota Court of Appeals. Filed January 27, 2009. Page 1 [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2008). Appeal from […]
NEUBAUER v. NEUBAUER, 433 N.W.2d 456 (Minn.App. 1988)
In Re the Marriage of Darlene Margaret NEUBAUER, Petitioner, Respondent, v. John William NEUBAUER, Appellant. No. C7-88-1390.Minnesota Court of Appeals. December 27, 1988. Review Denied March 17, 1989. Appeal from the District Court, Ramsey County, Kenneth J. Fitzpatrick, J. Page 457 Syllabus by the Court 1. The record supports the trial court determination of a […]
CARMODY v. AHO, 251 Minn. 19 (1957)
86 N.W.2d 692 RICHARD CARMODY AND ANOTHER v. ESTHER AHO, SPECIAL ADMINISTRATRIX OF ESTATE OF HERBERT AHO. ESTHER AHO v. RICHARD CARMODY. ESTHER AHO, TRUSTEE OF NEXT OF KIN OF HERBERT AHO, v. SAME. Nos. 37,050, 37,053, 37,054, 37,051.Supreme Court of Minnesota. November 8, 1957. Witnesses — expert — competency — determination. 1. Determination of […]
DIFFERT v. RENDAHL, 306 N.W.2d 813 (Minn. 1981)
Helen B. DIFFERT, Appellant, v. Walter RENDAHL, et al, etc., Respondents, Ralph W. Sample, et al, etc., Respondents, David Joerg, Respondent, and Ralph W. SAMPLE, et al, etc., Defendants and Third Party Plaintiffs, Respondents, v. Thomas D. DIFFERT, Third Party Defendant. No. 51684.Supreme Court of Minnesota. June 19, 1981. Appeal from the District Court, Fillmore […]
STATE v. McDONNELL, 686 N.W.2d 841 (Minn.App. 2004)
STATE of Minnesota, Respondent, v. Eric James McDONNELL, Appellant, Daniel A. Wall, Appellant. Nos. A03-1358, A03-1512.Minnesota Court of Appeals. August 24, 2004. Page 842 Mike Hatch, Attorney General, James B. Early, Assistant Attorney General, St. Paul, MN: Thomas F. Murtha, Aitkin County Attorney, Aitkin, MN; and Robin W. Finke, Swift County Attorney, Benson, MN, for […]
CITY OF DULUTH v. DULUTH POLICE LOCAL, A04-2374 (Minn.App. 7-12-2005)
City of Duluth, petitioner, Appellant, v. Duluth Police Local, Respondent, The Duluth News Tribune, a division of Northwest Publications, Inc., a Delaware corporation, Intervenor. No. A04-2374.Minnesota Court of Appeals. Filed July 12, 2005. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited […]
SHAHIDULLAH v. HART, C9-01-1923 (Minn.App. 6-4-2002)
Mohammed Shahidullah, Appellant, v. William E. Hart, et al., Respondents. No. C9-01-1923Minnesota Court of Appeals. Filed June 4, 2002. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2000). Appeal from the […]
JUSSILA v. U.S. SNOWMOBILE ASS’N, 556 N.W.2d 234 (Minn.App. 1996)
William JUSSILA, Appellant, v. UNITED STATES SNOWMOBILE ASSOCIATION, Respondent, Baxter Lions Club, Respondent. No. C6-96-1247.Minnesota Court of Appeals. December 10, 1996. Review Denied January 29, 1997. Appeal from the Crow Wing County District Court, Robert E. Kautz, J. Page 235 Syllabus by the Court Sponsors and organizers of a snowmobile racing event have a duty […]
HOLLISTER v. ULVI, 199 Minn. 269 (1937)
271 N.W. 493 THEODORE HOLLISTER AND OTHERS v. AUGUST ULVI AND OTHERS.[1] No. 31,140.Supreme Court of Minnesota. February 19, 1937. [1] Reported in 271 N.W. 493. Attorney and client — contingent fee contracts between attorney and client. 1. Under the common-law rule in England contracts for contingent fees between an attorney and his client were […]
STATE v. BARRIENTOS-QUINTANA, 787 N.W.2d 603 (Minn. 2010)
STATE of Minnesota, Respondent, v. Edgar Rene BARRIENTOS-QUINTANA, Appellant. No. A09-1613.Supreme Court of Minnesota. September 9, 2010. Appeal from the District Court, Hennepin County, Jeannice M. Reding, J. Page 604 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 605 [EDITORS’ NOTE: THIS […]
SECURITY INS. CO. v. KAYE MILLING SUPPLY, INC., 297 Minn. 348 (1973)
211 N.W.2d 519 SECURITY INSURANCE COMPANY OF HARTFORD v. KAYE MILLING SUPPLY, INC. AND ANOTHER. No. 43450.Supreme Court of Minnesota. October 12, 1973. Insurance — contractor’s liability policy — construction — “completed operations hazard” exclusion. 1. A grain storage bin which was filled with wet soybeans in an emergency was being put to its intended […]
RUZICH v. TOWNSHIP OF STUNTZ, 295 N.W.2d 540 (Minn. 1980)
David RUZICH et al., petitioners, Respondents, v. TOWNSHIP OF STUNTZ, et al., Appellants. No. 48907.Supreme Court of Minnesota. July 3, 1980. Appeal from District Court, St. Louis County; N. S. Chanak, Judge. Bischoff, Sellman Wojciak and Bernard J. Bischoff, Hibbing, for appellants. Robins, Davis Lyons, Robert M. Wattson, and John N. Love, Minneapolis, for respondents. […]
AMBROZICH v. CITY OF EVELETH, 200 Minn. 473 (1937)
274 N.W. 635 J. A. AMBROZICH AND ANOTHER v. CITY OF EVELETH.[1] No. 31,322.Supreme Court of Minnesota. July 30, 1937. [1] Reported in 274 N.W. 635. Municipal corporation — power to acquire property by lease. 1. Power to acquire property by purchase, condemnation, or otherwise includes the power to acquire it by lease, and a […]
STATE v. BULLEN, C1-01-507 (Minn.App. 1-8-2002)
STATE OF MINNESOTA, RESPONDENT, v. ROBERT ERLE BULLEN, APPELLANT. Minnesota Court of Appeals. No. C1-01-507 Filed January 8, 2002. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2000). Appeal from the […]
HOFFMAN v. CITY OF WHITE BEAR LAKE, A11-34 (Minn.App. 8-15-2011)
Dr. James Hoffman, et al., Appellants, v. City of White Bear Lake, Respondent, Arnt Construction Company, Inc., Respondent. No. A11-34.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. […]
BURGRAF v. BYRNES, 94 Minn. 418 (1905)
NICHOLAS BURGRAF v. JOHN T. BYRNES.[1] Nos. 14,320-(135).Supreme Court of Minnesota. April 20, 1905. [1] Reported in 103 N.W. 215. Attorney and Client. An attorney who recovers a judgment may not compromise or discharge the same for a less sum than its value without authority from his client, and if he does so the client […]
TCF BANKING SAV. v. LOFT HOMES, INC., 439 N.W.2d 735 (Minn.App. 1989)
TCF BANKING SAVINGS, F.A., Respondent, v. LOFT HOMES, INC., Appellant, Kenneth Wilkinson, in his capacity as Anoka County Sheriff, Respondent, John Does, 1-50, Defendants. No. C8-88-2368.Minnesota Court of Appeals. May 16, 1989. Review Denied June 21, 1989 and July 12, 1989. Appeal from the District Court, Anoka County, Stephen J. Askew, J. Page 736 Syllabus […]