David Pearce DEMERS, Appellant, v. CITY OF MINNEAPOLIS, et al., Respondents, and Minneapolis Police Officers Federation, Intervenor, Respondent. No. C8-92-365.Minnesota Court of Appeals. July 7, 1992. Appeal from the District Court, Hennepin County, Lucy Ann Wieland, J. Page 829 Syllabus by the Court Complaint forms and other information about the conduct of a police officer […]
Category: Minnesota Court Opinions
HAWLEY LUMBER CO. v. NORDLING, 168 Minn. 70 (1926)
209 N.W. 484 HAWLEY LUMBER COMPANY v. MARGARET NORDLING.[1] No. 25,391.Supreme Court of Minnesota. June 25, 1926. [1] Reported in 209 N.W. 484. Where defenses named were not sustained court properly ordered judgment notwithstanding. The defenses of want of consideration and fraud in obtaining defendant’s signature to a promissory note were not sustained by the […]
STATE v. SUMAN, 216 Minn. 293 (1943)
12 N.W.2d 620 STATE v. GEORGE B. SUMAN, d. b. a. SHENANDOAH RADIO STUDIO.[1] No. 33,489.Supreme Court of Minnesota. December 31, 1943. [1] Reported in 12 N.W.2d 620. Vagrancy — conviction sustained. Where it is shown that defendant, in operating a radio repair shop, has pursued a course of conduct characterized by overcharging and charging […]
STATE v. JIRAVA, C1-97-128 (Minn.App. 12-23-1997)
STATE OF MINNESOTA, Respondent, v. KRISTINE ANNA JIRAVA, Appellant. No. C1-97-128.Minnesota Court of Appeals. Filed December 23, 1997. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (1996). Appeal from the District Court, […]
DAY v. INLAND STEEL CO., 185 Minn. 53 (1931)
239 N.W. 776 LAURA A. DAY v. INLAND STEEL COMPANY.[1] No. 28,736.Supreme Court of Minnesota. December 18, 1931. [1] Reported in 239 N.W. 776. Taxation — levy of royalty tax on ore. A mining lease required the lessee to pay the royalty tax imposed by L. 1923, c. 226, levied during the term of the […]
MURPHY v. BERGO, 400 N.W.2d 387 (Minn.App. 1987)
Sharon R. MURPHY, mother and natural guardian of T.R., a minor, Appellant, v. John BERGO, et al., Michael Reginek, father, natural guardian and custodian of T.R., Respondents. No. C8-86-1409.Minnesota Court of Appeals. February 10, 1987. Appeal from the District Court, Stearns County, Paul Hoffman, J. Page 388 Syllabus by the Court It was within the […]
STATE v. MOSENG, 254 Minn. 263 (1959)
95 N.W.2d 6 STATE v. EMMETT A. MOSENG. No. 37,476.Supreme Court of Minnesota. February 6, 1959. Automobiles — regulation — drivers’ licenses — revocation. 1. The legislature has given the commissioner of highways the exclusive authority to issue and to suspend and revoke drivers’ licenses. Same — same — same — same. 2. The municipal […]
NEUBAUER v. CLOUTIER, 265 Minn. 539 (1963)
122 N.W.2d 623 LUCILE NEUBAUER v. CONRAD J. CLOUTIER AND OTHERS. No. 38,926.Supreme Court of Minnesota. June 14, 1963. Fraudulent conveyances — insolvency — transfer without fair consideration — burden of proof. 1. Party asserting that a conveyance is constructively fraudulent as a transfer by an insolvent without fair consideration has the burden of proving […]
HOME TOWN MORTGAGE, INC. v. STATE, A05-1443 (Minn.App. 4-25-2006)
Home Town Mortgage, Inc., Appellant, v. State of Minnesota, Respondent. Ronald Tomczik, et al., Respondents, and Ronald Tomczik, et al., Cross Claimants, v. State of Minnesota, Defendant. No. A05-1443.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 […]
DONLIN v. WAMSLEY, 176 Minn. 234 (1929)
223 N.W. 98 P. E. DONLIN v. G. E. WAMSLEY AND OTHERS.[1] No. 27,105.Supreme Court of Minnesota. January 11, 1929. [1] Reported in 223 N.W. 98. Administrator of intestate guardian may enforce security held for deposits of the ward’s money. 1. Where a guardian deposited funds of his ward in a bank and died without […]
STAYBERG v. HENDERSON, 277 Minn. 16 (1967)
151 N.W.2d 290 DALE A. STAYBERG AND ANOTHER v. DOROTHY M. HENDERSON AND ANOTHER. No. 40,439.Supreme Court of Minnesota. May 26, 1967. New trial — grounds — interference by bailiff with communications between court and jury. 1. It is the duty of the trial court, at the request of the jury during their deliberations, to […]
MATTER OF DISCIPLINE OF MURPHY, 325 N.W.2d 826 (Minn. 1982)
In the Matter of the Application for the DISCIPLINE OF Dennis J. MURPHY an Attorney at Law of the State of Minnesota. No. 52031.Supreme Court of Minnesota. November 5, 1982. Michael Hoover, Director of Lawyers Professional Responsibility, Lawyers Professional Responsibility Bd., St. Paul, for appellant. Edward J. Matonich, Hibbing, for respondent. Considered and decided by […]
KELLY v. JESPERSON, A09-1212 (Minn.App. 4-20-2010)
Donna Sue Kelly, f/k/a Donna Sue Jesperson, petitioner, Respondent, v. Robert Levi Jesperson, Appellant. No. A09-1212.Minnesota Court of Appeals. Filed April 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 […]
MATTER OF WELFARE OF K. P. H., 289 N.W.2d 722 (Minn. 1980)
In the Matter of the WELFARE OF K. P. H. Nos. 49453, 49519.Supreme Court of Minnesota. January 11, 1980. Rehearing Denied February 29, 1980. Appeal from the Hennepin County Juvenile Court, Lindsay G. Arthur, J. Syllabus by the Court 1. The juvenile court’s order certifying a juvenile for prosecution as an adult is a final […]
STATE v. GAMBINO, A3-1748 (Minn.App. 12-13-2005)
State v. Michael Gambino and Michael Gambino v. State. No. A3-1748 and A04-1948.Minnesota Court of Appeals. Filed: December 13, 2005. Stayed Extended
STATE v. DAVIS, A07-2449 (Minn.App. 12-2-2008)
State of Minnesota, Respondent, v. John Lewis Davis, Appellant. No. A07-2449.Minnesota Court of Appeals. Filed December 2, 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 […]
EAGAN ECONOMIC v. U-HAUL COMPANY OF MINNESOTA, A08-767 (Minn. 8-26-2009)
Eagan Economic Development Authority v. U-Haul Company of Minnesota a/k/a U-Haul Co. of Minnesota, et al., Randall J. Quam, et al., Larson Training Services, Inc. d/b/a Larson’s Automotive Repair Services v. Minnesota’s Credit Union, et al., Irma L. Parranto, et al., Jamal D. Ansari, et al. No. A08-767.Supreme Court of Minnesota. Filed August 26, 2009. […]
OLSON v. OLSON, 238 Minn. 102 (1952)
55 N.W.2d 706 BETSEY J. OLSON v. HARRY OLSON AND ANOTHER.[1] No. 35,788.Supreme Court of Minnesota. November 28, 1952. [1] Reported in 55 N.W.2d 706. Automobiles — cause of collision — failure of driver to dim lights — question for jury. 1. In action to recover damages for the wrongful death of plaintiff’s decedent, which […]
BENIGNI v. COWLES MEDIA CO., C7-97-294 (Minn.App. 8-19-1997)
KENNETH S. BENIGNI, Appellant, v. COWLES MEDIA COMPANY, A DELAWARE CORPORATION, d/b/a STAR TRIBUNE, Respondent, LARRY OAKES, Defendant. No. C7-97-294.Minnesota Court of Appeals. Filed August 19, 1997. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. […]
STATE v. LOPRETE, A06-1688 (Minn.App. 8-14-2007)
State of Minnesota, Appellant, v. Sara Gail Loprete, Respondent. No. A06-1688.Minnesota Court of Appeals. August 14, 2007. Appeal from Dakota County District Court, Hon. Richard G. Spicer. EDWARD TOUSSAINT, Jr., Chief Judge. RECENT ORDER OPINIONS Affirmed. Page 1
STATE v. GRAVENING, C8-96-1069 (Minn.App. 12-10-1996)
STATE OF MINNESOTA, Respondent, v. HOWARD RAY GRAVENING, Appellant. No. C8-96-1069.Minnesota Court of Appeals. Filed December 10, 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 District […]
McSHANE v. CITY OF FARIBAULT, 292 N.W.2d 253 (Minn. 1980)
James W. McSHANE, et al., Respondents, v. CITY OF FARIBAULT, et al., Appellants, County of Rice, et al., Appellants. No. 49531.Supreme Court of Minnesota. April 4, 1980. Appeal from the District Court, Rice County, Urban J. Steimann, J. Page 254 Syllabus by the Court 1. In the circumstances of this case, where a variance would […]
FRANKLIN v. CARPENTER, 309 Minn. 419 (1976)
244 N.W.2d 492 CHARLES G. FRANKLIN AND OTHERS v. JANET K. CARPENTER. KEMPER SECURITY INSURANCE COMPANY AND ANOTHER, THIRD-PARTY DEFENDANTS. Nos. 45648, 45719.Supreme Court of Minnesota. July 23, 1976. Insurance — automobile liability — policy in effect at time of accident — claimed failure of consideration occurring later — availability of defense. 1. When an […]
WHITNEY v. LEIGHTON, 225 Minn. 1 (1947)
30 N.W.2d 329 GEORGE G. WHITNEY AND OTHERS v. ROBERT S. LEIGHTON.[1] No. 34,285.Supreme Court of Minnesota. April 25, 1947. [1] Reported in 30 N.W.2d 329. Landlord and tenant — assignment of lease — rights and obligations of assignee. 1. The obligation of an assignee of a lease is based on privity of estate. The […]
TOLBERT v. GERBER INDUSTRIES, INC., 255 N.W.2d 362 (Minn. 1977)
Norman TOLBERT, Respondent, v. GERBER INDUSTRIES, INC., defendant and third-party plaintiff, Appellant, and VOLDCO, INC., defendant and third-party plaintiff, Respondent, v. SCHULER GRAIN COMPANY, third-party defendant, Respondent. No. 45290.Supreme Court of Minnesota. April 22, 1977. Appeal from the District Court, Wilkin County, Thomas J. Stahler, J. Page 363 Syllabus by the Court Where a manufacturer […]
STATE v. RIVERA, C6-96-1782 (Minn.App. 7-8-1997)
State of Minnesota, Respondent, v. Alveto (NMN) Rivera, Appellant. No. C6-96-1782.Minnesota Court of Appeals. Filed July 8, 1997. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (1996). Appeal from the District […]
STATE v. ROSILLO, 281 N.W.2d 877 (Minn. 1979)
STATE of Minnesota, Respondent, v. Alfredo ROSILLO, Appellant. No. 47906.Supreme Court of Minnesota. July 27, 1979. Appeal from the District Court, Faribault County, Noah Rosenbloom, J. Page 878 Syllabus by the Court Where the record of trial and postconviction proceedings supports the postconviction court’s conclusion that defense counsel did not in fact prohibit defendant from […]
STATE v. PERRY, 269 Minn. 204 (1964)
130 N.W.2d 343 STATE v. STEWART R. PERRY. No. 39,099.Supreme Court of Minnesota. August 28, 1964. Ordinances — parking restrictions — purpose. 1. An ordinance which prohibits parking on public streets for more than 2 hours between 8 a. m. and 6 p. m. has a valid public purpose. Same — same — claimed unconstitutionality. […]
FIDELITY CASUALTY CO. v. PEOPLES NATIONAL BANK, 207 Minn. 184 (1940)
290 N.W. 305 FIDELITY CASUALTY COMPANY OF NEW YORK v. PEOPLES NATIONAL BANK.[1] No. 32,290.Supreme Court of Minnesota. February 16, 1940. [1] Reported in 290 N.W. 305. Bank and banking — agreement between administrator, surety, and depository as to withdrawal of funds — liability of depository. A joint control agreement by an administrator, his surety, […]
FOOTE v. CITY OF CROSBY, 306 N.W.2d 883 (Minn. 1981)
Gene FOOTE, et al., Respondents, v. CITY OF CROSBY, Appellant. No. 50574.Supreme Court of Minnesota. June 19, 1981. Rehearing Denied August 5, 1981. Appeal from the District Court, Crow Wing County, Clinton Wyant, J. Page 884 Syllabus by the Court Where removal of trees located on the boulevard within the platted right-of-way of a city […]
IN RE THE EXPULSION OF E. J. W., 632 N.W.2d 775 (Minn.App. 2001)
In the Matter of the Expulsion of E. J. W. from Independent School District No. 500. No. C2-01-273Minnesota Court of Appeals. Filed August 28, 2001. Page 776 SYLLABUS. The Pupil Fair Dismissal Act requires disclosure to a student facing disciplinary action of the names of all witnesses to an incident forming the basis for the […]
CARNAHAN v. WALSH, 416 N.W.2d 187 (Minn.App. 1987)
Allison Carter CARNAHAN, Appellant, v. Scott WALSH, et al., Respondents. No. C4-87-669.Minnesota Court of Appeals. December 8, 1987. Review Denied February 12, 1988. Appeal from the District Court, Hennepin County, Eugene Minenko, J. Syllabus by the Court 1. There was sufficient evidence to support the jury’s finding of no permanent injury. 2. The jury’s failure […]
STATE EX REL. HIERL v. DIST. COURT, 237 Minn. 456 (1952)
54 N.W.2d 5 STATE EX REL. EMIL P. HIERL v. DISTRICT COURT, DOUGLAS COUNTY, AND ANOTHER.[1] No. 35,826.Supreme Court of Minnesota. June 13, 1952. [1] Reported in 54 N.W.2d 5. Prohibition — right to writ — jurisdiction of trial court — abuse of discretion. Writ of prohibition upon the relation of Emil P. Hierl commanding […]
JOLLY v. JESCO, INC., 271 Minn. 333 (1965)
135 N.W.2d 746 IRENE M. JOLLY v. JESCO, INC., AND OTHERS. No. 39,685.Supreme Court of Minnesota. June 11, 1965. Workmen’s compensation — right to compensation — death caused by work-induced assault. 1. The death of an employee may be compensable as “arising out of and in the course of employment” within the contemplation of Minn. […]
TAYLOR v. ALLSTATE INSURANCE CO., 286 Minn. 449 (1970)
176 N.W.2d 266 BENJAMIN S. TAYLOR AND OTHERS v. ALLSTATE INSURANCE COMPANY AND OTHERS. HARDWARE MUTUAL CASUALTY COMPANY AND ANOTHER, APPELLANTS (NO. 41796). ALLSTATE INSURANCE COMPANY AND ANOTHER, APPELLANTS (NO. 41805). Nos. 41796, 41805.Supreme Court of Minnesota. April 3, 1970. Insurance — automobile liability insurance — omnibus clause — permission required for inclusion. 1. It […]
LUNDELL v. MARANATHA BAPTIST CARE CTR., C7-99-87 (Minn.App. 7-27-1999)
Gerry O. Lundell, Appellant, v. Maranatha Baptist Care Center, Inc., Respondent. No. C7-99-87.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. § 480A.08, subd. 3 (1998). Appeal from […]
WHITMAN v. COMMISSIONER OF PUBLIC SAFETY, 416 N.W.2d 476 (Minn.App. 1987)
David Arthur WHITMAN, Petitioner, Appellant, v. COMMISSIONER OF PUBLIC SAFETY, Respondent. No. C2-87-1335.Minnesota Court of Appeals. December 15, 1987. Appeal from the Chisago County District Court, James R. Clifford, J. Syllabus by the Court When a driver raises the issue of whether he was driving, operating or in physical control of the motor vehicle, the […]
CRAIG v. I.S.D. NO. 361, INTERNATIONAL FALLS, A05-1637 (Minn. 8-15-2006)
Barbara Craig v. I.S.D. No. 361, International Falls, Minnesota. No. A05-1637.Supreme Court of Minnesota. August 15, 2006. Denied.
OLSON v. TBI, A04-2262 (Minn.App. 8-30-2005)
Danielle F. Olson, Relator, v. TBI, Respondent, Department of Employment and Economic Development, Respondent. No. A04-2262.Minnesota Court of Appeals. Filed August 30, 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 […]
STATE v. STAI, 381 N.W.2d 60 (Minn.App. 1986)
STATE of Minnesota, Appellant, v. Kari Marie STAI, Respondent. No. C1-85-1788.Minnesota Court of Appeals. February 11, 1986. Appeal from the District Court, Beltrami County, James E. Preece, J. Page 61 Syllabus by the Court 1. Before a pre-trial suppression order will be reversed, the State must demonstrate that the trial court clearly and unequivocally erred […]
GRAHAM v. CROW WING COUNTY BD. OF COM’RS, 515 N.W.2d 81 (Minn.App. 1994)
John Remington GRAHAM, Crow Wing County Attorney, Appellant, v. CROW WING COUNTY BOARD OF COMMISSIONERS, et al., Respondents. No. C1-93-1920.Minnesota Court of Appeals. April 19, 1994. Review Denied June 2, 1994. Appeal from the District Court, Crow Wing County, Larry G. Jorgenson, J. Page 82 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN […]
VOSSEN v. THULIN, 244 Minn. 351 (1955)
70 N.W.2d 287 ARNOLD VOSSEN AND ANOTHER v. BERT THULIN AND ANOTHER, INDIVIDUALLY AND AS COPARTNERS d.b.a THULIN BROS. READY MIX.[1] No. 36,472.Supreme Court of Minnesota. April 15, 1955. [1] Reported in 70 N.W.2d 287. Appeal and error — review — lack of settled case. 1. Although plaintiffs on appeal furnish a printed record and […]
KOCH v. SHELDAHL, A03-1562 (Minn.App. 8-19-2004)
Kathryn L. Koch, Relator, v. Sheldahl, Respondent, Commissioner of Employment and Economic Development, Respondent. No. A03-1562.Minnesota Court of Appeals. Filed August 19, 2004. This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2002). Appeal from the Department of Employment and Economic Development, File No. […]
MATTER OF STUBBE, 443 N.W.2d 855 (Minn.App. 1989)
In the Matter of Randi STUBBE. No. C1-89-1203.Minnesota Court of Appeals. August 8, 1989. Appeal from the District Court, Hennepin County, Patricia L. Belois, J. Page 856 Syllabus by the Court The trial court properly refused to continue a commitment hearing past the maximum 44 days allowed by statute. Thomas Bennett Wilson, III, Gayle Gaumer, […]
IN RE IMPROVEMENT OF THIRD STREET, ST. PAUL, 185 Minn. 170 (1932)
240 N.W. 355 IN RE IMPROVEMENT OF THIRD STREET, ST. PAUL. REALTY INVESTMENT SECURITIES CORPORATION AND OTHERS, APPELLANTS.[1] No. 28,513.Supreme Court of Minnesota. January 15, 1932. [1] Reported in 240 N.W. 355. Municipal corporation — assessment for benefits. 1. The existence and amount of benefits resulting from a local improvement are legislative questions, on which […]
JOHN A. DALSIN SONS v. TRAVELERS INS., C5-96-736 (Minn.App. 10-15-1996)
John A. Dalsin Sons, Inc., Appellant, vs. Travelers Insurance Companies, d/b/a The Travelers, defendant/third-party plaintiff, Respondent, Berkley Insurance Services, Inc., defendant/third-party defendant, Respondent. No. C5-96-736.Minnesota Court of Appeals. Filed October 15, 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 […]
DEVEREAUX v. STROUP, A07-0103 (Minn.App. 1-8-2008)
Helen Devereaux, et al., Appellants, v. Kevin K. Stroup, et al., Respondents. No. A07-0103.Minnesota Court of Appeals. Filed: January 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 provided by Minn. Stat. § 480A.08, subd. 3 (2006). Appeal […]
FARMERS UNION OIL v. MUTUAL SERVICE INS., 422 N.W.2d 530 (Minn.App. 1988)
FARMERS UNION OIL COMPANY, Appellant, v. MUTUAL SERVICE INSURANCE COMPANY, Respondent. No. CX-87-2507.Minnesota Court of Appeals. May 3, 1988. Appeal from the Swift County District Court, Arthur J. Boylan, J. Page 531 Syllabus by the Court 1. An insurance policy provision which excludes coverage for damages expected or intended by the insured operates to spare […]
LANG v. CITY OF ORTONVILLE, A10-1564 (Minn.App. 6-27-2011)
David Lang, Respondent, v. City of Ortonville, Relator, Department of Employment and Economic Development, Respondent. No. A10-1564.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. […]
TODD v. EITEL HOSPITAL, 306 Minn. 254 (1975)
237 N.W.2d 357 SALLY LOU TODD v. EITEL HOSPITAL AND OTHERS. No. 45108.Supreme Court of Minnesota. November 28, 1975. Physicians and surgeons — malpractice — proof of negligence — showing required. 1. In order to prove that a doctor is negligent, the burden is upon plaintiff to offer expert testimony (1) establishing the standard of […]
BULINSKI v. KAWISHIWI LODGE, C6-02-1503 (Minn.App. 4-22-2003)
Emery Bulinski, et al., Respondents, v. Kawishiwi Lodge, Inc., et al. Appellants. No. C6-02-1503.Minnesota Court of Appeals. Filed: April 22, 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 […]
M. L. GORDON SASH DOOR CO. v. MORMANN, 271 N.W.2d 436 (Minn. 1978)
M. L. GORDON SASH DOOR COMPANY, Respondent, v. David MORMANN, et al., Defendants, William D. Janohosky, Appellant. No. 47750.Supreme Court of Minnesota. August 11, 1978. Appeal from the District Court, Hennepin County, Allen Oleisky, Minneapolis, J. Syllabus by the Court Under all the facts and circumstances in this case a party in possession of real […]
JUSTER v. JOHN HANCOCK MUTUAL L. INS. CO., 194 Minn. 382 (1935)
260 N.W. 493 ANNIE JUSTER v. JOHN HANCOCK MUTUAL LIFE INSURANCE COMPANY.[1] No. 30,344.Supreme Court of Minnesota. April 26, 1935. [1] Reported in 260 N.W. 493. Insurance — premiums — date of payment. 1. Parties to a contract of insurance may fix and definitely determine the due date of all premium payments, absent statutory limitations […]
AFOLAYAN v. MOORHEAD STATE UNIV., C8-98-637 (Minn.App. 11-17-1998)
Johnson Afolayan, Appellant, v. Moorhead State University, Respondent. No. C8-98-637.Minnesota Court of Appeals. Filed November 17, 1998. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (1996). Appeal from the District Court, […]
HOMETOWN AMERICA v. LIBERTY INSURANCE CORP., A10-36 (Minn.App. 8-24-2010)
Hometown America, LLC, Appellant, v. Liberty Insurance Corporation, et al., Respondents. No. A10-36.Minnesota Court of Appeals. Filed August 24, 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 […]
STATE, HEAD v. ANDERSON, 293 Minn. 455 (1972)
197 N.W.2d 237 STATE, BY DOUGLAS M. HEAD, ATTORNEY GENERAL, v. CLAYTON ANDERSON AND OTHERS. No. 42933.Supreme Court of Minnesota. April 28, 1972. Eminent domain — determination of value of land taken — increase due to prior condemnation — effect. Condemnation proceeding in the Chicago County District Court initiated by the state to take certain […]
MOE v. OYEN, 208 Minn. 496 (1940)
296 N.W. 512 EDNA MOE v. B. J. OYEN AND ANOTHER.[1] No. 32,564.Supreme Court of Minnesota. November 8, 1940. [1] Reported in 296 N.W. 512. Appeal and error — review — on appeal from judgment without settled case. 1. Where there is not a settled case or bill of exceptions, on an appeal from a […]
MEYERS v. MINNEAPOLIS, ST. P. S.S.M. R.Y. CO., 168 Minn. 122 (1926)
209 N.W. 892 RUTH MEYERS v. MINNEAPOLIS, ST. PAUL SAULT STE. MARIE RAILWAY COMPANY.[1] No. 25,440.Supreme Court of Minnesota. July 2, 1926. [1] Reported in 209 N.W. 892. Directed verdict for defendant justified by the evidence. 1. Under the evidence, as disclosed by the record, the trial court was justified in directing a verdict in […]
WASHBURN v. UTECHT, 236 Minn. 31 (1952)
51 N.W.2d 657 VANCE WASHBURN v. L. F. UTECHT.[1] [2] No. 35,663.Supreme Court of Minnesota. February 8, 1952. [1] Reported in 51 N.W.2d 657. [2] Certiorari denied, 343 U.S. 931, 72 S.Ct. 766, 96 L. ed. 1340. Pardon — commutation of sentence — revocation — waiver of right to notice or hearing. Under the terms […]
IN RE DISBARMENT OF ALEX KANTER, 181 Minn. 65 (1930)
231 N.W. 396 IN RE DISBARMENT OF ALEX KANTER.[1] No. 27,852.Supreme Court of Minnesota. June 27, 1930. [1] Reported in 231 N.W. 396. Attorney disbarred for one year. Appropriating for his own use moneys collected for a client and wilfully concealing the fact that it had been collected and used is misconduct of an attorney […]
CASHEN v. OWENS, 225 Minn. 25 (1947)
29 N.W.2d 440 VELMA CASHEN v. SAM M. OWENS.[1] No. 34,412.Supreme Court of Minnesota. November 7, 1947. [1] Reported in 29 N.W.2d 440. Appeal and error — nonappealable order. 1. An order denying a motion for amended findings is not appealable, whether accompanied by a motion for new trial or not. Same — review — […]
JACOWAY v. US POSTAL SERVICE, C7-97-1462 (Minn.App. 1-6-1998)
Roberta L. Jacoway, Relator, v. US Postal Service, Respondent, Commissioner of Economic Security, Respondent. No. C7-97-1462.Minnesota Court of Appeals. Filed January 6, 1998. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 […]
MURPHY v. HENNEN, 264 Minn. 457 (1963)
119 N.W.2d 489 ELLA MAE MURPHY AND ANOTHER v. JOSEPH H. HENNEN, d. b. a. THE MIDDLE BAR, AND ANOTHER. Nos. 38,685, 38,686.Supreme Court of Minnesota. January 25, 1963. Intoxicating liquors — liability under Civil Damage Act — basis — sale to minor. 1. Where intoxication is established as a cause of injury to another, […]
IN RE DISCIPLINARY ACTION AGAINST GRZYBEK, 567 N.W.2d 259 (Minn. 1997)
In re Petition for DISCIPLINARY ACTION AGAINST John E. GRZYBEK, an Attorney at Law of the State of Minnesota. No. C4-96-128.Supreme Court of Minnesota. July 31, 1997. Syllabus by the Court 1. Disbarment is proper when an attorney repeatedly neglected client matters and failed to cooperate with the disciplinary process less than a year after […]
GORECKI v. RAMSEY COUNTY, 437 N.W.2d 646 (Minn. 1989)
Delroy GORECKI, et al., Petitioners, Respondents-Appellants, v. RAMSEY COUNTY, Relator-Respondent, Commissioner of Veterans Affairs, Respondent. No. CI-87-1570.Supreme Court of Minnesota. March 31, 1989. Page 647 Syllabus by the Court A valid reclassification of an employment position held by appellants does not constitute a demotion or “removal” entitling them to notice and hearing pursuant to the […]
MATTER OF APPOINTMENT, HEIRS OF BODEKER, 661 N.W.2d 271 (Minn.App. 2003)
In the Matter of the Appointment of a Trustee for the Heirs of Eugene Ernest Bodeker, Decedent. No. C5-02-1816.Minnesota Court of Appeals. Filed: May 20, 2003. Appeal from the Aitkin County District Court, File No. C202240. Page 272 SYLLABUS 1. A trustee appointed under Minn. Stat. § 573.02 (2002) to maintain a wrongful-death action has […]
TROMBLEY v. STACKHOUSE, A08-1741 (Minn.App. 6-9-2009)
William Trombley, as General Guardian and Conservator of the Estate of Christopher A. Trombley, Plaintiff, v. Jeremiah Vernon Stackhouse, et al., Defendants, and State Auto Property and Casualty Company, Appellant, v. Allison Brooke Lundgren-Abid, et al., Defendants, William Trombley, as General Guardian and Conservator of the Estate of Christopher A. Trombley, Respondent. No. A08-1741.Minnesota Court […]
STATE v. DIEDRICH, 410 N.W.2d 20 (Minn.App. 1987)
STATE of Minnesota, Appellant, v. Mary Caroline DIEDRICH, Respondent. No. C5-87-437.Minnesota Court of Appeals. August 4, 1987. Appeal from the District Court, Washington County, David E. Doyscher, J. Page 21 Syllabus by the Court 1. The pretrial order dismissing the gross misdemeanor complaint under Minn. Stat. § 609.50(1) is appealable. 2. The trial court’s dismissal […]
COIN CONTROLLED WASHERS v. BIGOS, C0-98-1216 (Minn.App. 1-12-1999)
Coin Controlled Washers, Inc., an Illinois corporation, d/b/a Macke Laundry Service-Minnesota, Inc., Appellant, v. Helen Bigos, d/b/a Bigos Properties, Respondent. No. C0-98-1216.Minnesota Court of Appeals. Filed January 12, 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 […]
FINGERHUT CORP. v. SUBURBAN NAT. BANK, 460 N.W.2d 63 (Minn.App. 1990)
FINGERHUT CORPORATION, Respondent, v. SUBURBAN NATIONAL BANK, a United States Corporation, Appellant. No. C2-90-504.Minnesota Court of Appeals. August 21, 1990. Appeal from the District Court, Carver County, Michael A. Young, J. Page 64 Syllabus by the Court 1. Registration is the operative act to convey or affect registered land; unregistered mortgage is a contract which […]
KELZENBERG v. KELZENBERG, 352 N.W.2d 845 (Minn.App. 1984)
In re the Marriage of Bruce David Joseph KELZENBERG, petitioner, Respondent, v. Jean Mary KELZENBERG, Appellant. No. C7-84-392.Minnesota Court of Appeals. August 14, 1984. Appeal from the District Court, Anoka County, James A. Morrow, J. Syllabus by the Court The trial court did not err in reducing respondent’s monthly child support payments by $49.00 and […]
BODE v. MINNESOTA DEPARTMENT OF NAT. RES., 612 N.W.2d 862 (Minn. 2000)
Judy V. Bode, et al., petitioners, Appellants, v. Minnesota Department of Natural Resources, et al., Respondents. No. C1-98-2200.Supreme Court of Minnesota. Filed: June 1, 2000 Rehearing Denied July 24, 2000. Appeal from the Office of Appellate Courts. Page 863 SYLLABUS A motion under Minn.R.Civ.P. 60.02(d) is not the proper vehicle to collaterally attack a judgment […]
STATE v. MONTGOMERY, 707 N.W.2d 392 (Minn.App. 2005)
STATE of Minnesota, Respondent, v. Keith Edward MONTGOMERY, Appellant. No. A04-2050.Minnesota Court of Appeals. December 27, 2005. Appeal from the District Court, Dodge County, Lawrence Agerter, J. Page 393 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 394 [EDITORS’ NOTE: THIS PAGE […]
BRUESTLE v. STATE, 719 N.W.2d 698 (Minn. 2006)
Richard Brian BRUESTLE, petitioner, Appellant, v. STATE of Minnesota, Respondent. No. A05-1707.Supreme Court of Minnesota. August 10, 2006. Appeal from the District Court, Ramsey County, Steven D. Wheeler, J. Page 699 Syllabus by the Court Postconviction court did not abuse its discretion when it concluded that an evidentiary hearing was not required when petitioner, who […]
FIRST NAT. BANK CHASKA v. SHAKOPEE GRAVEL, C4-01-484 (Minn.App. 10-30-2001)
First National Bank of Chaska, Plaintiff, v. Shakopee Gravel, Inc., et al., Respondents, Mathias Fischer, et al., Appellants, Shakopee Gravel, Inc., et al., cross-plaintiffs and cross-defendants, Respondents, vs. Mathias Fisher, et al., Cross-defendants and cross-plaintiffs, Appellants. No. C4-01-484.Minnesota Court of Appeals. Filed October 30, 2001. [EDITOR’S NOTE: This case is unpublished as indicated by the […]
IN RE DISCIPLINARY ACTION AGAINST HARRIS, 765 N.W.2d 389 (Minn. 2009)
In re Petition for DISCIPLINARY ACTION AGAINST Calandra Faye HARRIS, a Minnesota Attorney, Registration No. 319910. No. A08-1525.Supreme Court of Minnesota. May 14, 2009. ORDER On September 3, 2008, the Director of the Office of Lawyers Professional Responsibility filed a petition for disciplinary action alleging that respondent Calandra Faye Harris committed professional misconduct warranting public […]
PET. FOR DISCIPL. ACTION AGAINST, NOLEN, 724 N.W.2d 14 (Minn. 2006)
In re PETITION FOR DISCIPLINARY ACTION AGAINST Julius A. NOLEN, a Minnesota Attorney, Registration No. 177349. No. A06-2005.Supreme Court of Minnesota. November 22, 2006. HELEN M. MEYER, Associate Justice ORDER The Director of the Office of Lawyers Professional Responsibility has filed a petition for disciplinary action alleging that respondent Julius A. Nolen committed professional misconduct […]
STATE v. GESTACH, A04-1723 (Minn.App. 2-15-2005)
State of Minnesota, Respondent, v. Paul James Gestach, Appellant. No. A04-1723.Minnesota Court of Appeals. Filed February 15, 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 Hennepin […]
STATE v. PEALER, 488 N.W.2d 3 (Minn.App. 1992)
STATE of Minnesota, Respondent, v. Charles Thomas PEALER, Appellant. No. C1-92-269.Minnesota Court of Appeals. August 11, 1992. Appeal from the District Court, Lyon County, George I. Harrelson, J. Syllabus by the Court Sufficient information given in a tip from a known confidential police informant gives a police officer a specific and articulable suspicion to justify […]
STATE v. N.V.G., A10-778 (Minn.App. 1-11-2011)
State of Minnesota, Respondent, v. N.V.G., Appellant. Nos. A10-778, A10-779.Minnesota Court of Appeals. Filed January 11, 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 Court, […]
STATE v. HUGHES, A07-1030 (Minn.App. 7-1-2008)
State of Minnesota, Respondent, v. Vincent J. Hughes, Appellant. No. A07-1030.Minnesota Court of Appeals. Filed: July 1, 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 […]
BLACKWELL v. 2002 KIA 4 DOOR STL SEDAN, 670 N.W.2d 19 (Minn.App. 2003)
Sharon Lynn Blackwell, Appellant, v. 2002 Kia 4 door STL Sedan with Vehicle Identification Number KNAFB121225129540, License Plate: JAR 987, Respondent. No. CX-03-395.Minnesota Court of Appeals. Filed: October 14, 2003. Randall, Judge, dissenting, Appeal from the District Court, Renville County, File No. C002577. Page 20 SYLLABUS An unsecured, private loan for the purchase of a […]
LUNDGREN v. GREEN, 592 N.W.2d 888 (Minn.App. 1999)
John Lundgren, et al., Respondents, v. James W. Green, M.D., Appellant, Coon Rapids Medical Center, Defendant. No. C5-98-2118.Minnesota Court of Appeals. Filed May 11, 1999. Appealed from Anoka County District Court, File No. C3-98-7295. Page 889 SYLLABUS 1. Personal service of process must comply with the requirements of Minn.R.Civ.P. 4.03(a). Service of process in a […]
TOWN OF BURNSVILLE v. CITY OF BLOOMINGTON, 264 Minn. 133 (1962)
117 N.W.2d 746 TOWN OF BURNSVILLE AND OTHERS v. CITY OF BLOOMINGTON AND OTHERS. No. 38,665.Supreme Court of Minnesota. November 2, 1962. Municipal corporations — annexation — validity — who may challenge. 1. An organized town from which it is proposed to detach territory has such a special interest in the matter as to enable […]
STATE v. KNIGHT, 292 Minn. 419 (1971)
192 N.W.2d 829 STATE v. DANIEL KNIGHT. No. 41525.Supreme Court of Minnesota. December 10, 1971. Criminal law — acceptance of guilty plea — refusal to permit subsequent withdrawal — propriety. Appeal by Daniel Knight from a judgment of the Hennepin County District Court, Douglas K. Amdahl, Judge, whereby he was convicted of theft by check. […]
MILES HOMES, DIV. OF INSILCO v. SCHLOEDER, 407 N.W.2d 479 (Minn.App. 1987)
MILES HOMES, DIV. OF INSILCO CORP., Relator, v. Dennis J. SCHLOEDER, Commissioner of Jobs and Training, Respondents. No. C9-87-84.Minnesota Court of Appeals. June 16, 1987. Appeal from the Department of Jobs and Training. Syllabus by the Court Respondent’s services as a direct seller were excluded from the definition of “employment” for unemployment compensation purposes. Richard […]
PETERS v. COMMR. OF PUBLIC SAFETY, C0-98-2141 (Minn.App. 7-13-1999)
Mark Alan Peters, petitioner, Appellant, v. Commissioner of Public Safety, Respondent. No. C0-98-2141.Minnesota Court of Appeals. Filed July 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, subd. 3 (1998). Appeal from […]
VOLKMAN v. ECKLUND, 368 N.W.2d 765 (Minn.App. 1985)
In Re the Marriage of Janet L. VOLKMAN, f.k.a. Janet L. Ecklund, Petitioner, Appellant, v. Douglas R. ECKLUND, Respondent. No. C3-84-2110.Minnesota Court of Appeals. June 4, 1985. Appeal from the District Court, Anoka County, James D. Gibbs, J. Page 766 Syllabus by the Court 1. The trial court erred by finding that appellant failed to […]
GBJ, INC., II v. FIRST AVE. INVEST. CORP., 520 N.W.2d 508 (Minn.App. 1994)
GBJ, INC., II, a Minnesota corporation, Appellant, v. FIRST AVENUE INVESTMENT CORPORATION, a Minnesota corporation, d/b/a First Avenue Investments, Inc., a Minnesota general partnership; et al., Defendants, Americana Bank, a Minnesota corporation, Respondent. No. C1-94-552.Minnesota Court of Appeals. August 23, 1994. Review Denied October 27, 1994. Appeal from the District Court, Hennepin County, Sean J. […]
FARDEN v. GREAT NORTHERN RAILWAY CO., 189 Minn. 17 (1933)
248 N.W. 284 NELS FARDEN v. GREAT NORTHERN RAILWAY COMPANY.[1] No. 29,154.Supreme Court of Minnesota. April 28, 1933. [1] Reported in 248 N.W. 284. Railroad — crossing — collision with automobile — contributory negligence. In an action to recover for the death of plaintiff’s decedent arising out of a collision between a train and an […]
STATE v. JANDRO, 311 Minn. 530 (1976)
248 N.W.2d 311 STATE v. MARIAN BUTTERFIELD JANDRO. No. 46393.Supreme Court of Minnesota. November 26, 1976. Criminal law — conviction of welfare fraud — sufficiency of evidence. Appeal by Marian Butterfield Jandro from a judgment of the Rice County District Court, Urban J. Steimann, Judge, whereby she was convicted on two counts of obtaining or […]
SHELL v. INDEPENDENT SCHOOL DIST. NO. 811, 301 Minn. 442 (1974)
223 N.W.2d 774 BASIL E. SHELL v. INDEPENDENT SCHOOL DISTRICT NO. 811. No. 44601.Supreme Court of Minnesota. October 25, 1974. Teachers — probationary contract — termination — compliance with statute. Action in the Wabasha County District Court for a declaratory judgment to determine the validity of defendant’s action in discharging plaintiff as its superintendent of […]
DEDEFO v. WAKE, C2-02-1692 (Minn.App. 5-27-2003)
Nuro B. Dedefo, Appellant, v. Aliyi Wake, et al., Respondents. No. C2-02-1692.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 […]
STATE v. HILL, A09-1946 (Minn.App. 12-28-2010)
State of Minnesota, Respondent, v. Anthony Steven Hill, Appellant. No. A09-1946.Minnesota Court of Appeals. Filed December 28, 2010. 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 (2010). Appeal from […]
GRUSSING v. KVAM IMPLEMENT CO., 478 N.W.2d 200 (Minn.App. 1991)
Sharon GRUSSING, as trustee for the heirs and next-of-kin of Richard Grussing, deceased, Plaintiff, v. KVAM IMPLEMENT COMPANY, Defendant. ALLIED PRODUCTS CORPORATION, Defendant and Third-Party Plaintiff, Respondent, v. JENNIE-O FOODS, INC. (and its division Earl B. Olson Farms), Third Party Defendant, State of Minnesota, Department of Labor and Industry, Appellant. No. CO-91-947.Minnesota Court of Appeals. […]
KLOSTERMANN v. FARMERS MERCHANTS STATE BANK, 176 Minn. 459 (1929)
223 N.W. 780 JOSIE KLOSTERMANN v. FARMERS MERCHANTS STATE BANK OF HECTOR.[1] No. 27,139.Supreme Court of Minnesota. February 21, 1929. [1] Reported in 223 N.W. 780. Assignee of vendees’ contract of purchase not entitled on the facts to a lien for taxes bought in by it at tax sale. The vendees under the contract for […]
GLENWOOD INVESTMENT v. BRITTON FAMILY, 765 N.W.2d 112 (Minn.App. 2009)
GLENWOOD INVESTMENT PROPERTIES, L.L.C., et al., Respondents, v. CARROLL A. BRITTON FAMILY TRUST, et al., Appellants, Pierce Serrin, et al., Respondents. No. A08-0788.Minnesota Court of Appeals. May 5, 2009. Appeal from the District Court, Pope County. Page 113 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY […]
BUCKNELL v. COUNTY OF FILLMORE, A07-1768 (Minn.App. 7-1-2008)
Bruce E. Bucknell, et al., Respondents, v. County of Fillmore, Defendant, Sumner Township, Appellant. No. A07-1768.Minnesota Court of Appeals. Filed July 1, 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 […]
CREDIT SERVICE CO. v. LINNEROOTH, 290 Minn. 256 (1971)
187 N.W.2d 632 CREDIT SERVICE COMPANY v. DOUGLAS LINNEROOTH AND ANOTHER. UNIVAC DIVISION OF SPERRY RAND CORPORATION, GARNISHEE. No. 42449.Supreme Court of Minnesota. May 21, 1971. Garnishment — unconstitutional statute — effect on garnishee’s obligation to hold garnished funds. The unconstitutionality of Minn. St. 1967, § 571.41, does not justify a garnishee’s releasing funds to […]
SOUTHTOWN PLUMBING v. HAR-NED LUMBER, 493 N.W.2d 137 (Minn.App. 1992)
SOUTHTOWN PLUMBING, INC., et al., Appellants, v. HAR-NED LUMBER CO., INC., et al., Respondents. No. C7-92-177.Minnesota Court of Appeals. December 8, 1992. Appeal from the District Court, Anoka County, Harvey A. Holtan, J. Page 138 Syllabus by the Court An unjust enrichment claim is not available where there is adequate legal remedy or where statutory […]