209 N.W. 625 W.T. RAWLEIGH COMPANY v. PETER W. RUTKOWSKI AND OTHERS.[1] No. 25,381.Supreme Court of Minnesota. July 2, 1926. [1] Reported in 209 N.W. 625. Plaintiff entitled to directed verdict for admitted balance due. 1. The evidence fails to show that the flavoring extracts and patent medicines sold by plaintiff to be peddled by […]
Category: Minnesota Court Opinions
SIFFERLE v. MICOM CORP., 384 N.W.2d 503 (Minn.App. 1986)
James L. SIFFERLE, Appellant, v. MICOM CORPORATION, Micom Holding Company and Edwin E. Walhof, Respondents. No. C1-85-2147.Minnesota Court of Appeals. April 1, 1986. Review Denied June 13, 1986. Appeal from the District Court, Ramsey County, Gordon R. Schumaker, J. Page 504 Syllabus by the Court 1. Appraisal right under Minn.Stat. § 302A.471 does not constitute […]
AUTO-OWNERS INS. CO. v. HANSEN, C5-99-685 (Minn.App. 10-5-1999)
Auto-Owners Insurance Company, Respondent, v. Richard Hansen, Jr., as parent and natural guardian of Richard Hansen, III, a minor, Appellant, Nicholas Spolarich, Respondent. No. C5-99-685.Minnesota Court of Appeals. Filed October 5, 1999. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except […]
FISHER v. COM’R OF PUBLIC SAFETY, 389 N.W.2d 771 (Minn.App. 1986)
James Rodney FISHER, petitioner, Appellant, v. COMMISSIONER OF PUBLIC SAFETY, Respondent. No. C4-86-547.Minnesota Court of Appeals. July 15, 1986. Appeal from the District Court, Clearwater County, Terrance C. Holter, J. Page 772 Syllabus by the Court Appellant refused chemical testing under the implied consent law when he declined to allow a nurse to make a […]
IN RE DISCIPLINARY ACTION AGAINST RUTTGER, 566 N.W.2d 327 (Minn. 1997)
In re Petition for DISCIPLINARY ACTION AGAINST Max J. RUTTGER, III, an Attorney at Law of the State of Minnesota. No. C8-97-109.Supreme Court of Minnesota. July 17, 1997. Page 328 Martin A. Cole, Acting Director, Candice M. Hojan, Sr. Asst. Director, Office of Lawyers Prof. Responsibility, St. Paul, for Office of Lawyers Professional Responsibility. Criston […]
TAKE 5, DELAWARE, TRUST v. LAFAYETTE INT’L, A06-1874 (Minn.App. 9-4-2007)
Take 5, Delaware Business Trust, et al., Appellants, v. Lafayette International, Inc., et al., Respondents. No. A06-1874.Minnesota Court of Appeals. Filed September 4, 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 [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn.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. […]
CASE CREDIT CORPORATION v. HYDRA-MAC, INC., A05-193 (Minn.App. 10-25-2005)
Case Credit Corporation, Respondent, v. Hydra-Mac, Inc., et al., Appellants. No. A05-193.Minnesota Court of Appeals. Filed October 25, 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 […]
INDEPENDENT SCH. DIST. NO. 877 v. LOBERG P. H. CO., 266 Minn. 426 (1963)
123 N.W.2d 793 INDEPENDENT SCHOOL DISTRICT NO. 877 v. LOBERG PLUMBING HEATING COMPANY. No. 38,735.Supreme Court of Minnesota. October 11, 1963. Contracts — exculpatory provisions — validity. 1. Exculpatory provisions of a building construction contract exonerating a contracting party from liability for damages resulting from his own negligence, not in contravention of public policy, are […]
BRADLEY OPERATING LTD PART. v. RADIOSHACK, A06-777 (Minn.App. 3-13-2007)
Bradley Operating Limited Partnership, Respondent, v. RadioShack Corporation, f/k/a Tandy Corporation, Appellant. No. A06-777.Minnesota Court of Appeals. Filed March 13, 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 […]
EUTECTIC WELDING ALLOYS CORP. v. WEST, 281 Minn. 13 (1968)
160 N.W.2d 566 EUTECTIC WELDING ALLOYS CORPORATION AND ANOTHER v. WARREN A. WEST. No. 40,825.Supreme Court of Minnesota. July 12, 1968. Master and servant — employment agreement — restrictive covenants — enforceability. Restrictive covenants in an employment agreement generally required the employee permanently to keep inviolate any confidential information or business secrets of the employer […]
McKUSH v. HECKER, 559 N.W.2d 725 (Minn.App. 1997)
Donald H. McKUSH, Appellant, v. Margaret G. HECKER, as Personal Representative of the Estate of Harold J. Hecker, and Margaret G. Hecker, individually, Respondents. No. C1-96-1981.Minnesota Court of Appeals. March 18, 1997. Appeal from the District Court, Scott County, Thomas R. Howe, J. Page 726 SYLLABUS Courts strictly construe agreements restricting the free use of […]
WERNER v. LITTLE, C2-98-1279 (Minn.App. 3-23-1999)
Lawrence Werner, Relator, v. Teresa Little, Respondent, Commissioner of the Department of Human Rights, Respondent. No. C2-98-1279.Minnesota Court of Appeals. Filed March 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. […]
KREKELBERG v. OKREND, A06-350 (Minn.App. 12-12-2006)
DOROTHY M. KREKELBERG, ET AL., Respondents, v. LAWRENCE F. OKREND, ET AL., Appellants. No. A06-350.Minnesota Court of Appeals. Filed December 12, 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). […]
O’REILLY v. MILLER, 205 Minn. 228 (1939)
285 N.W. 526 JULIA O’REILLY AND ANOTHER v. FRITZ MILLER AND ANOTHER.[1] No. 31,996.Supreme Court of Minnesota. April 28, 1939. [1] Reported in 285 N.W. 526. Workmen’s compensation — injury arising out of and in course of employment. The finding of the industrial commission that the accident and injuries which resulted in the death of […]
STATE v. CARTER, A05-1614 (Minn.App. 2-27-2007)
State of Minnesota, Respondent, v. Herbert Louis Carter, Appellant. No. A05-1614.Minnesota Court of Appeals. Filed February 27, 2007. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2006). Appeal from the District […]
IDS FINANCIAL CORP. v. COUNTY OF HENNEPIN, 509 N.W.2d 159 (Minn. 1993)
IDS FINANCIAL CORPORATION, Relator, v. COUNTY OF HENNEPIN, Respondent. No. CO-93-306.Supreme Court of Minnesota. December 3, 1993. Appeal from the Tax Court. Syllabus by the Court The tax court properly dismissed a petition filed by a tenant under Minn.Stat. § 278.01 disputing the assessed value of real property where a judgment as to the property’s […]
ANDERSEN v. STATE, A03-336 (Minn.App. 10-7-2003)
Puiassance Jhovar Andersen, petitioner, Appellant, v. State of Minnesota, Respondent. No. A03-336.Minnesota Court of Appeals. Filed October 7, 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 […]
LOVE v. BURLINGTON NORTHERN, INC., 407 N.W.2d 452 (Minn.App. 1987)
Roger LOVE, et al., Appellants, v. BURLINGTON NORTHERN, INC., Defendant, The Red Lake Watershed District, Driscoll Bros., Respondents. No. C2-86-1731.Minnesota Court of Appeals. June 9, 1987. Appeal from the District Court, Polk County, Russell Anderson, J. Syllabus by the Court The trial court’s decision that appellants were not entitled to an injunction directing the removal […]
FLEISCHMANN v. NORTHWESTERN NAT. B. T. CO., 194 Minn. 227 (1935)
260 N.W. 310 RUTH GARDNER FLEISCHMANN v. NORTHWESTERN NATIONAL BANK AND TRUST COMPANY.[1] No. 30,205.Supreme Court of Minnesota. April 5, 1935. [1] Reported in 260 N.W. 310. Trust — accounting of trustee — vacating orders allowing annual accounts — review. Appellant sought an order to reopen, vacate, and set aside certain orders, previously made, allowing […]
DISCIPLINARY ACTION AGAINST HARTKE, 464 N.W.2d 146 (Minn. 1990)
In re the Petition for DISCIPLINARY ACTION AGAINST Jerrold M. HARTKE, an Attorney at Law of the State of Minnesota. No. C5-86-1996.Supreme Court of Minnesota. December 20, 1990. Page 147 ORDER The Director of the Lawyers Professional Responsibility Board filed a petition with this Court alleging that the respondent Jerrold M. Hartke has committed professional […]
COUNTY OF WINONA v. CITY OF WINONA, 453 N.W.2d 710 (Minn.App. 1990)
COUNTY OF WINONA, Minnesota, Respondent, v. CITY OF WINONA, Minnesota, Appellant. No. C4-89-1079.Minnesota Court of Appeals. April 3, 1990. Appeal from the District Court, Winona County, William R. Sturtz, J. Syllabus by the Court The trial court did not abuse its discretion in issuing a temporary injunction which preserves the status quo pending a decision […]
ZAJAC FARMS, INC. v. GRUENEICH, A05-960 (Minn.App. 1-24-2006)
Zajac Farms, Inc., Appellant, v. Cheryl Grueneich, et al., Respondent, Wallace Schiele d/b/a Schiele Auction Service, Respondent, Integrity Title, Inc., Respondent. No. A05-960.Minnesota Court of Appeals. Filed January 24, 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 […]
VU v. WACONIA FORD MERCURY, 638 N.W.2d 197 (Minn. 2002)
Dai M. Vu, Relator, v. Waconia Ford Mercury, and Michigan Physicians Mutual Liability, Respondents, and John Deere Insurance Company, Pain Assessment Rehabilitation Center, Intervenors. No. C8-01-1797.Supreme Court of Minnesota. Filed: January 16, 2002 Raymond R. Peterson, for relator. Mark A. Kleinschmidt, for respondent. Considered and decided by the court en banc. ORDER Based upon all […]
WILLIAMS v. ST. PAUL RAMSEY MED. CENTER, 551 N.W.2d 483 (Minn. 1996)
Sarah E. WILLIAMS, Respondent, v. ST. PAUL RAMSEY MEDICAL CENTER, INCORPORATED, Petitioner, Appellant. No. C9-94-2257.Supreme Court of Minnesota. July 25, 1996. Appeal from the Court of Appeals, Kalitowski, J., 530 N.W.2d 852. Syllabus of the Court Where the employee relies upon the same facts and seeks redress for the allegedly discriminatory practices to support both […]
STATE v. MINDERMANN, C7-97-618 (Minn.App. 11-10-1997)
STATE OF MINNESOTA, Respondent, v. JEROME ALLEN MINDERMANN, Appellant. No. C7-97-618.Minnesota Court of Appeals. Filed November 10, 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 […]
IN RE MATTER OF REIHSEN, C7-99-2180 (Minn.App. 8-22-2000)
In Re the Matter of: Katherine Marie Reihsen, Appellant, v. Michael Joseph Seeber, Respondent. No. C7-99-2180.Minnesota Court of Appeals. Filed August 22, 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 […]
STATE v. SWEDBERG, A06-1395 (Minn. 11-21-2007)
State v. Nancy Christine Swedberg. No. A06-1395.Supreme Court of Minnesota. Filed: November 21, 2007. ORDERS ON PETITIONS FOR FURTHER REVIEW Denied Page 1
STATE v. JACKSON, A06-1330 (Minn. 1-15-2008)
State v. Jimmie D. Jackson. No. A06-1330.Supreme Court of Minnesota. Filed: January 15, 2008. ORDERS ON PETITIONS FOR FURTHER REVIEW Granted/Stayed. Page 1
AMERICAN FED. OF STATE v. INDEP. S.D., C9-97-1298 (Minn.App. 4-14-1998)
American Federation of State, County, and Municipal Employees Council No. 65, et al., Respondents, v. Independent School District No. 2154 (Eveleth-Gilbert), Appellant. No. C9-97-1298.Minnesota Court of Appeals. Filed April 14, 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 […]
IN RE WELFARE OF CHILDREN OF D.M.T.-R., 802 N.W.2d 759 (Minn.App. 2011)
In the Matter of the WELFARE OF the CHILDREN OF D.M.T.-R., M.C., and unknown fathers, Parents. No. A10-2301.Minnesota Court of Appeals. June 27, 2011. Appeal from the District Court, Kandiyohi County, Kathryn N. Smith, J. Page 760 SYLLABUS Under the child-protection provisions of the Juvenile Court Act, Minn. Stat. §§ 260C.001–260C.451 (2010), and the Uniform […]
STATE v. BELLANGER, A06-1907 (Minn. 3-18-2008)
State v. Todd Allen Bellanger. No. A06-1907.Supreme Court of Minnesota. Filed: March 18, 2008. ORDERS ON PETITIONS FOR FURTHER REVIEW Denied. Page 1
BUCKINGHAM v. STATE, 799 N.W.2d 229 (Minn. 2011)
Justin Lamont BUCKINGHAM, Appellant, v. STATE of Minnesota, Respondent. No. A10-2240.Supreme Court of Minnesota. July 6, 2011. Appeal from the District Court, Hennepin County, Regina M. Chu, J. Page 230 SYLLABUS The postconviction court did not abuse its discretion when it denied appellant’s petition for postconviction relief without an evidentiary hearing because appellant’s claims are […]
CITY OF EDINA v. DREHER, 454 N.W.2d 621 (Minn.App. 1990)
CITY OF EDINA, Respondent, v. Roger H. DREHER, Appellant. No. C7-89-1920.Minnesota Court of Appeals. April 24, 1990. Review Denied June 15, 1990. Appeal from the District Court, Hennepin County, James D. Rogers, J. Syllabus by the Court City ordinance that prohibited owning an animal that “by any noise disturbs the peace and quiet of persons […]
THAO v. HMONG AMERICAN PART., C6-98-1754 (Minn.App. 3-30-1999)
Tou B. Thao, Relator, v. Hmong American Partnership, Respondent, Commissioner of Economic Security, Respondent. No. C6-98-1754.Minnesota Court of Appeals. Filed March 30, 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 […]
IN RE CHILDREN OF OJA, C5-03-238 (Minn.App. 9-2-2003)
In re the Children of: Marjon Marie Oja, Parent. No. C5-03-238, C7-03-239, C3-03-240.Minnesota Court of Appeals. Filed September 2, 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 […]
STOBER v. COMMR. OF PUBLIC SAFETY, CX-01-568 (Minn.App. 12-18-2001)
Linda Marie Stober, petitioner, Appellant, v. Commissioner of Public Safety, Respondent. No. CX-01-568.Minnesota Court of Appeals. Filed December 18, 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 […]
STATE v. PARKER, A09-354 (Minn.App. 11-10-2009)
State of Minnesota, Respondent, v. Steven Todd Parker, Appellant. No. A09-354.Minnesota Court of Appeals. Filed November 10, 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. AREVALO, C9-99-155 (Minn.App. 12-14-1999)
STATE OF MINNESOTA, respondent, v. JOSE GUADALUPE AREVALO, Appellant. No. C9-99-155.Minnesota Court of Appeals. Filed December 14, 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 […]
NOETZELMAN v. WEBB, 204 Minn. 26 (1938)
283 N.W. 481 C. A. NOETZELMAN v. HARRY K. WEBB AND OTHERS.[1] No. 31,879.Supreme Court of Minnesota. November 25, 1938. [1] Reported in 283 N.W. 481. Landlord and tenant — defective condition of premises — action for injuries and liability — question for jury. 1. In a suit for personal injuries suffered by reason of […]
STATE v. KARAU, 496 N.W.2d 416 (Minn.App. 1993)
STATE of Minnesota, Respondent, v. Tony B. KARAU, Appellant. No. C6-92-1403.Minnesota Court of Appeals. February 23, 1993. Appeal from the District Court, Watonwan County, Terry M. Dempsey, J. Page 417 Syllabus by the Court To vindicate the state constitutional right to contact counsel before deciding whether to submit to chemical testing, the driver should be […]
STUEDEMANN v. NOSE, 713 N.W.2d 79 (Minn.App. 2006)
James D. STUEDEMANN and Jeanne R. Stuedemann, as co-trustees for the heirs and next of kin to Jolene Stuedemann, Decedent, Appellants, v. Tony Allen Roman NOSE, Respondent, R-Home of Woodbury, Inc., Respondent, Robert Ritter and Donna Ritter, individually and as proprietors of Prolawn Landscaping, Respondents, Kevin Flynn, Respondent. No. A05-1524.Minnesota Court of Appeals. May 9, […]
BURMAN COMPANY v. ZAHLER, 286 Minn. 400 (1970)
178 N.W.2d 234 BURMAN COMPANY v. ED ZAHLER. No. 41849.Supreme Court of Minnesota. March 26, 1970. In an action for the value of plumbing supplies for which it is claimed that defendant was liable on principles of agency or on equitable grounds, it is held: Principal and agent — relationship — agent’s ownership of equipment […]
SESSIONS v. SESSIONS, 178 Minn. 75 (1929)
226 N.W. 211 ELIZABETH B. SESSIONS v. JOHN C. SESSIONS.[1] Nos. 27,258, 27,485.Supreme Court of Minnesota. June 28, 1929. [1] Reported in 226 N.W. 211, 701. Postnuptial agreements and jurisdiction in divorce proceedings. Postnuptial agreements, properly made between husband and wife after a separation takes place, are not contrary to public policy. District courts have […]
STATE v. McCRAY, A08-0003 (Minn.App. 3-3-2009)
State of Minnesota, Respondent, v. Kareem Antoine McCray, Appellant. No. A08-0003.Minnesota Court of Appeals. Filed March 3, 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 […]
LEWIS v. ST. CLOUD STATE UNIVERSITY, A04-1308 (Minn. 6-14-2005)
Richard D. Lewis v. St. Cloud State University, et al. No. A04-1308.Supreme Court of Minnesota. June 14, 2005. Order on petition for further review Denied.
STATE v. ANDERSON, 380 N.W.2d 165 (Minn.App. 1986)
STATE of Minnesota, Appellant, v. Howard Elmer ANDERSON, Respondent. No. CO-85-1426.Minnesota Court of Appeals. January 14, 1986. Review Granted March 14, 1986. Appeal from the District Court, Scott County, M. Eugene Atkins, J. Page 166 Syllabus by the Court The suppression of defendant’s oral and written confessions will not have a critical impact on the […]
ABLE v. COMMISSIONER OF PUBLIC SAFETY, 352 N.W.2d 518 (Minn.App. 1984)
John Tevens ABLE, Appellant, v. COMMISSIONER OF PUBLIC SAFETY, Respondent. No. C9-84-572.Minnesota Court of Appeals. August 7, 1984. Syllabus by the Court The record does not support the finding that a store clerk who concluded that a Page 519 customer was intoxicated and observed him get in his car made a valid citizen’s arrest for […]
RODRIGUEZ v. STATE, C8-02-1406 (Minn.App. 3-11-2003)
Michael Moses Rodriguez, petitioner, Appellant, v. State of Minnesota, Respondent. No. C8-02-1406.Minnesota Court of Appeals. Filed: March 11, 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 […]
ANDERSON v. ANDERSON, 288 Minn. 514 (1970)
179 N.W.2d 718 WALTER R. ANDERSON AND OTHERS v. JAMES E. ANDERSON AND OTHERS. No. 42161.Supreme Court of Minnesota. July 31, 1970. Appeal and error — effect of judgment requiring tender by party — grounds for amending judgment. Mandamus in this court upon the petition of Lecon Properties, Inc., to compel the Anoka County District […]
LINEHAN v. FARICY, 246 Minn. 179 (1956)
74 N.W.2d 670 ED LINEHAN v. R. E. FARICY AND OTHERS.[1] No. 36,658.Supreme Court of Minnesota. January 20, 1956. [1] Reported in 74 N.W.2d 670. Minimum wages — establishment — prerequisite of valid order. Under M.S.A. 177.08 the making of rules and regulations governing the selection of members of an advisory board and the modes […]
STATE v. LOIDOLT, C6-97-1839 (Minn.App. 6-16-1998)
State of Minnesota, Respondent, v. Norman Frank Loidolt, Appellant. No. C6-97-1839.Minnesota Court of Appeals. Filed June 16, 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 […]
IN RE CONSERVATORSHIP OF ZIEMANN, A04-745 (Minn.App. 2-1-2005)
In re Conservatorship of Milda Ziemann. No. A04-745.Minnesota Court of Appeals. Filed February 1, 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 (2002). Appeal from the District Court, Martin County, […]
DILLIARD v. STOREFRONT/YOUTH ACTION, C6-97-528 (Minn.App. 11-18-1997)
RICHARD DILLIARD, Relator, v. STOREFRONT/YOUTH ACTION, Respondent, COMMISSIONER OF ECONOMIC SECURITY, Respondent. No. C6-97-528.Minnesota Court of Appeals. Filed November 18, 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 […]
SERVICEMASTER v. GAB BUSINESS SERV., 530 N.W.2d 558 (Minn.App. 1995)
SERVICEMASTER OF ST. CLOUD, Respondent, v. GAB BUSINESS SERVICES, INC., Respondent, Sentry Insurance, a Mutual Company, Appellant. No. C9-94-1335.Minnesota Court of Appeals. April 18, 1995. Review Granted June 14, 1995. Appeal from the District Court, Stearns County, Elizabeth A. Hayden, J. Page 559 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT […]
KENNEDY v. HASSE, 262 Minn. 155 (1962)
114 N.W.2d 82 IVO C. KENNEDY AND ANOTHER v. G. F. HASSE. No. 38,252.Supreme Court of Minnesota. March 16, 1962. Rescission — waiver of right to rescind. 1. This court upon review must consider the evidence in the light most favorable to the findings of the trial court. Held, the vendee in a contract to […]
BERG v. ROTH, A06-339 (Minn.App. 3-20-2007)
Roberta Berg, et al., Respondents, v. Katherine Margaret Roth, Appellant. No. A06-339.Minnesota Court of Appeals. Filed March 20, 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 […]
RILEY v. 1987 STATION WAGON, 650 N.W.2d 441 (Minn. 2002)
Michael K. Riley, Sr., Nicollet County Attorney, Respondent, vs. 1987 Station Wagon, VIN: 1JCMT7840HTI07485 (Owner: Jerry Joseph Duwenhoegger), petitioner, Appellant. No. C8-01-21.Supreme Court of Minnesota. Filed: August 29, 2002. Appeal from the Minnesota Court of Appeals. SYLLABUS The term “facilitate,” as used in Minn. Stat. § 609.5312, subd. 1 (2000), requires a direct and substantial […]
IN RE CIVIL SERVICE HEARING OF DECKER, A04-343 (Minn.App. 12-7-2004)
In the Matter of: Civil Service Hearing of John Arthur Decker. No. A04-343.Minnesota Court of Appeals. Filed December 7, 2004. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2002). Appeal from […]
STATE v. DALBEC, 800 N.W.2d 624 (Minn. 2011)
STATE of Minnesota, Appellant, v. Daniel Brian DALBEC, Respondent. No. A09-0568.Supreme Court of Minnesota. July 27, 2011. Appeal from the District Court, Wright County, Dale E. Mossey, J. Page 625 Syllabus Defense counsel’s failure to submit a written closing argument was not structural error. Lori Swanson, Attorney General, James B. Early, Assistant Attorney General, St. […]
DEMARAIS v. JORDAN MED. P.A., CX-01-67 (Minn.App. 9-11-2001)
Audrey M. DeMarais, Relator, v. Jordan Medical P.A., Respondent, Commissioner of Economic Security, Respondent. No. CX-01-67.Minnesota Court of Appeals. Filed September 11, 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 […]
LAKE CITY APARTMENTS v. LUND-MARTIN CO., 421 N.W.2d 302 (Minn. 1988)
LAKE CITY APARTMENTS, Appellant, v. LUND-MARTIN CO., et al., Respondents, Miller Hanson Westerbeck Bell Architects, Inc., et al., Defendants. and MILLER HANSON WESTERBECK BELL ARCHITECTS, INC., Defendant and Third-Party Plaintiff, v. LUNDQUIST, WILMAR, SCHULTZ AND MARTIN, INC., etc., Third-Party Defendants. and LUND-MARTIN CO., et al., Third-Party Plaintiffs, v. SWANSON PLUMBING HEATING, INC., et al., Third-Party […]
LARSON v. FOLEY BROTHERS, INC., 277 Minn. 99 (1967)
151 N.W.2d 780 ANDREW O. LARSON v. FOLEY BROTHERS, INC., AND OTHERS. MINNESOTA MINING MANUFACTURING COMPANY AND ANOTHER, RESPONDENTS. Nos. 40,318, 40,319.Supreme Court of Minnesota. June 16, 1967. Workmen’s compensation — review — finding as to cause of disability. Determination of the Industrial Commission that a temporary total disability commencing March 13, 1961, was caused […]
SHAW v. STATE, C1-02-937 (Minn.App. 6-3-2003)
Cory Wade Shaw, petitioner, Appellant, v. State of Minnesota, Respondent. No. C1-02-937.Minnesota Court of Appeals. Filed June 3, 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 […]
BONGA v. STATE, 797 N.W.2d 712 (Minn. 2011)
Dario George BONGA, Appellant, v. STATE of Minnesota, Respondent. No. A10-1376.Supreme Court of Minnesota. May 25, 2011. Appeal from the District Court, Carlton County, Dale Albert Wolf, J. Page 713 SYLLABUS The district court gave sufficient weight to evidence suggesting incompetence when it concluded that there was no reason to doubt appellant’s competency to plead […]
IN RE TERMINATION OF JAMES E. JOHNSON, 451 N.W.2d 343 (Minn.App. 1990)
In Re the PROPOSED TERMINATION OF JAMES E. JOHNSON’S TEACHING CONTRACT WITH INDEPENDENT SCHOOL DISTRICT NUMBER 709. No. C8-89-1439.Minnesota Court of Appeals. February 13, 1990. Review Denied April 13, 1990. Page 344 Syllabus by the Court The decision of the school board to terminate a tenured teacher’s contract will be upheld if supported by substantial […]
IN RE TIMLIN v. TIMLIN, C7-99-607 (Minn.App. 10-26-1999)
In Re the Marriage of: Sharon Kay Young Timlin, petitioner, Respondent, v. William Leo Timlin, et al., Appellants. No. C7-99-607.Minnesota Court of Appeals. Filed October 26, 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. […]
LESLIE BACICH CO. v. MIDWAY DEV. CO., 164 Minn. 152 (1925)
204 N.W. 925 LESLIE BACICH COMPANY v. MIDWAY DEVELOPMENT COMPANY.[1] No. 24,838.Supreme Court of Minnesota. July 3, 1925. [1] Reported in 204 N.W. 925. Denial of temporary injunction to restrain interference of landowner with sale of its lots within discretion of court. Application for an injunction, pendente lite, restraining the defendant from interference with the […]
STATE v. COOK, 275 Minn. 571 (1967)
148 N.W.2d 368 STATE v. LAURENCE E. COOK. No. 40,277.Supreme Court of Minnesota. January 27, 1967. Criminal law — driving after suspension of license — attempt to challenge suspension. Appeal by Laurence E. Cook from a judgment of the municipal court of St. Paul, Ramsey County, Otis H. Godfrey, Jr., Judge, whereby he was convicted […]
CITY OF DANUBE v. MAHONEY, A07-2316 (Minn.App. 12-16-2008)
City of Danube, Appellant, v. Kelly Sean Mahoney, et al., Respondents, Minnesota Housing Finance Agency, Defendant, Tristam O. Hage, Respondent. No. A07-2316.Minnesota Court of Appeals. Filed December 16, 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 […]
STATE v. MARKOWITZ, A10-617 (Minn.App. 4-19-2011)
State of Minnesota, Respondent, v. Rosalva Yessenia Markowitz, Appellant. No. A10-617.Minnesota Court of Appeals. Filed: April 19, 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. EDWARD FALGREN, 176 Minn. 346 (1929)
223 N.W. 455 STATE v. EDWARD FALGREN.[1] No. 27,028.Supreme Court of Minnesota. February 1, 1929. [1] Reported in 223 N.W. 455. Destruction of slot machines kept for gambling. 1. Under the facts stated in the opinion there was no error in condemning and destroying slot machines while they were being kept for gambling in violation […]
IN RE FERGUSON v. FERGUSON, C9-01-1470 (Minn.App. 4-2-2002)
In re the Marriage of: William J. Ferguson, petitioner, Respondent, vs. Natalie J. Ferguson, Appellant. No. C9-01-1470.Minnesota Court of Appeals. Filed April 2, 2002. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. […]
STATE v. GRETZ, A09-1478 (Minn.App. 8-10-2010)
State of Minnesota, Respondent, v. Kristina Marie Gretz, Appellant. No. A09-1478.Minnesota Court of Appeals. Filed August 10, 2010. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2008). Appeal from the District […]
TERGEON v. JOHNSON, 165 Minn. 482 (1925)
205 N.W. 888 MARIE TERGEON v. ALFRED JOHNSON.[1] No. 25,019.Supreme Court of Minnesota. November 20, 1925. [1] Reported in 205 N.W. 888. Dismissal and nonsuit. 1. At any stage of trial defendant has absolute right to move for dismissal on ground complaint does not state facts sufficient to constitute a cause of action. Such motion […]
IN MATTER OF THE WELFARE OF E.T.J., C3-00-711 (Minn.App. 1-23-2001)
In the Matter of the Welfare of: E.T.J. No. C3-00-711.Minnesota Court of Appeals. Filed January 23, 2001. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2000). Appeal from the District Court, […]
COURTNEY BY HIGDEM v. CITY OF ORONO, 463 N.W.2d 514 (Minn. 1990)
Charles D. COURTNEY, deceased employee, by Ellen Courtney HIGDEM, Respondent, v. CITY OF ORONO, Self Insured/EBA, Relators. No. C4-90-1282.Supreme Court of Minnesota. November 30, 1990. Appeal from the Supreme Court, 424 N.W.2d 295. Page 515 Syllabus by the Court Where there was evidence to support the compensation judge’s factual findings, the Workers’ Compensation Court of […]
STATE v. PONDER, A07-1651 (Minn.App. 7-1-2008)
State of Minnesota, Respondent, v. Willie Ponder, Appellant. No. A07-1651.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 Court, […]
HELLER v. SCHROEDER, 182 Minn. 353 (1931)
234 N.W. 461 B. H. HELLER AND ANOTHER v. H. C. SCHROEDER AND OTHERS.[1] No. 28,220.Supreme Court of Minnesota. January 16, 1931. [1] Reported in 234 N.W. 461. Injunction against laying out of street was premature. 1. Relief by injunction against the laying out of a public street, where nothing has been done except the […]
NOE v. GREAT NORTHERN RY. CO., 168 Minn. 259 (1926)
209 N.W. 905 JOHANNA NOE v. GREAT NORTHERN RAILWAY COMPANY.[1] No. 25,404.Supreme Court of Minnesota. July 16, 1926. [1] Reported in 209 N.W. 905. Error in receiving expert testimony was harmless. 1. The competency of an expert witness is addressed to the sound discretion of the trial court. Expert testimony is admissible when the subject-matter […]
MILWAUKEE HARVESTER CO. v. FINNEGAN, 43 Minn. 183 (1890)
45 N.W. 9 MILWAUKEE HARVESTER COMPANY v. P. H. FINNEGAN and another. Supreme Court of Minnesota. April 24, 1890. Appeal by plaintiff from an order of the district court for Sibley county, Edson, J., presiding, refusing a new trial after verdict in favor of defendant Patrick Duffy, who alone appeared and defended. Joint Agents — […]
IN RE WELFARE OF FIELDS, 285 Minn. 184 (1969)
172 N.W.2d 322 IN RE WELFARE OF JOSEPH LEE FIELDS. STATE v. JOSEPH LEE FIELDS. No. 41736.Supreme Court of Minnesota. November 14, 1969. Appeal and error — nonappealable order — findings of juvenile court referee. The appeal herein must be dismissed, as there has been no final order of the judge of the juvenile court […]
MICKMAN BROS. v. FARM BUREAU MUT. INS., 639 N.W.2d 890 (Minn.App. 2002)
Mickman Brothers, Inc., et al., Respondents, vs. Farm Bureau Mutual Insurance Co., Appellant, Douglas Prince, Defendant. No. C0-01-1499.Minnesota Court of Appeals. Filed: February 26, 2002. Appeal from the District Court, Ramsey County, Michael F. Fetsch, J., File No. C7003753. Page 891 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE […]
IN RE MARRIAGE OF FRUEN v. FRUEN, C9-97-1043 (Minn.App. 5-26-1998)
C8-97-1535 C4-97-2066 In Re the Marriage of: William K. Fruen, petitioner, Appellant (C9-97-1043, C8-97-1535), Respondent (C4-97-2066), v. Mary Angela Fruen, Respondent (C9-97-1043, C8-97-1535), Appellant (C4-97-2066). No. C9-97-1043.Minnesota Court of Appeals. Filed May 26, 1998. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be […]
AMERICAN EXP. FIN. ADVISORS v. CARVER COUNTY, 573 N.W.2d 651 (Minn. 1998)
AMERICAN EXPRESS FINANCIAL ADVISORS, INC., Relator, v. COUNTY OF CARVER, Respondent. No. C7-97-375.Supreme Court of Minnesota. January 15, 1998. Appeal from the Tax Court, Dorothy M. McClung, J. Page 652 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 653 Syllabus by the […]
STATE v. MATTHEWS, A03-700 (Minn.App. 2-10-2004)
State of Minnesota, Respondent, v. William Michael Matthews, Appellant. No. A03-700.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. WILDENBERG, 573 N.W.2d 692 (Minn. 1998)
STATE of Minnesota, Appellant, v. Lyf Christian WILDENBERG, Respondent. No. CX-96-652.Supreme Court of Minnesota. January 28, 1998. Appeal from the District Court, Ramsey County, Salvador Rosas, J. Page 693 Syllabus by the Court 1. A child sex crime victim’s personal journals in the possession of the state are discoverable and admissible evidence where the prosecution […]
FRIENDS OF RIVERFRONT v. DeLaSALLE HIGH SCH., A06-2222 (Minn. 1-29-2008)
Friends of the Riverfront, et al. v. DeLaSalle High School, City of Minneapolis. No. A06-2222, A07-944.Supreme Court of Minnesota. Filed: January 29, 2008. ORDERS ON PETITIONS FOR FURTHER REVIEW Denied. Page 1
STATE v. PRICE, C6-99-274 (Minn.App. 11-2-1999)
State of Minnesota, Appellant, v. Roxanne Marie Price, Respondent. No. C6-99-274.Minnesota Court of Appeals. Filed November 2, 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 […]
RICE v. CITY OF ST. PAUL, 208 Minn. 509 (1940)
295 N.W. 529 WORTH K. RICE v. CITY OF ST. PAUL AND OTHERS.[1] No. 32,468.Supreme Court of Minnesota. November 15, 1940. [1] Reported in 295 N.W. 529. Appeal and error — right to maintain appeal after dismissal by coappellants. 1. A party defendant to a cause whose rights and liabilities under a contract will be […]
COLLINS v. COCHRANE AND BRESNAHAN, P.A., 415 N.W.2d 715 (Minn.App. 1987)
Carol COLLINS, Appellant, v. COCHRANE AND BRESNAHAN, P.A., et al., Respondents. No. C6-87-1287.Minnesota Court of Appeals. November 24, 1987. Appeal from the District Court, Hennepin County, Ann Day Montgomery, J. Syllabus by the Court 1. Where the trial court applies a rule 60.02 analysis to a dismissal under Fourth Judicial District Rule 4.03 and appellant […]
LaFRENIERE-NIETZ v. NIETZ, 547 N.W.2d 895 (Minn.App. 1996)
In re the Marriage of Ann C. LaFRENIERE-NIETZ, n/k/a Ann C. LaFreniere, Petitioner, Appellant, v. John Malcolm NIETZ, Respondent. No. C7-95-2252.Minnesota Court of Appeals. May 7, 1996. Appeal from the District Court, Hennepin County, Mary L. Davidson, J. Page 896 Syllabus by the Court 1. The district court did not abuse its discretion by restricting […]
KGM CONTRACTORS, INC. v. CITY OF LONGVILLE, A05-1649 (Minn. 8-23-2006)
KGM Contractors, Inc. v. City of Longville, Minnesota. No. A05-1649.Supreme Court of Minnesota. August 23, 2006. Denied.
FERRY v. STATE, 284 Minn. 548 (1969)
169 N.W.2d 398 JAMES FERRY v. STATE. No. 41478.Supreme Court of Minnesota. July 3, 1969. Criminal law — postconviction proceedings — propriety of guilty plea. Appeal by James Ferry from an order of the Yellow Medicine County District Court, Thomas J. Stahler, Judge, denying his petition for postconviction relief after being convicted of arson. Affirmed. […]
MATTER OF A.P., C7-99-171 (Minn. 11-23-1999)
In the Matter of the Welfare of: A.P., C.P., and V.P. No. C7-99-171.Supreme Court of Minnesota. Date November 23, 1999. Denied
BAYBRIDGE v. CITY OF ORTONVILLE, A07-0574 (Minn.App. 7-1-2008)
Norwood R. F. Baybridge, Relator, v. City of Ortonville, Respondent, Commissioner of Veterans Affairs, Respondent. No. A07-0574.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. […]
TILLEMANS v. PIERCE CO., 687 N.W.2d 181 (Minn. 2004)
Anita S. TILLEMANS, Relator, v. PIERCE COMPANY OF MINNEAPOLIS, INC., and Mutual Insurance Corporation, n/k/a APCapitol, Respondents, and Park Nicollet Hospital, Intervenor. No. A04-1205.Supreme Court of Minnesota. October 7, 2004. Considered and decided by the court en banc. ORDER Based upon all the files, records and proceedings herein, IT IS HEREBY ORDERED that the decision […]
LaPANTA v. HEIDELBERGER, 392 N.W.2d 254 (Minn.App. 1986)
Milton LaPANTA, et al., Respondents, v. Cecil HEIDELBERGER and Patricia A. Heidelberger, Appellants. No. CX-86-147.Minnesota Court of Appeals. August 12, 1986. Appeal from the District Court, Anoka County, Glen W. Swenson, J. Page 255 Syllabus by the Court 1. Because the issue of fraud was not properly pled or litigated below, it cannot be raised […]
IN RE PETITION OF TITRUD v. ACHTERKIRCH, 298 Minn. 68 (1973)
213 N.W.2d 408 IN RE PETITION OF E. WOODROW TITRUD AND OTHERS FOR ESTABLISHMENT OF A JUDICIAL DITCH IN WRIGHT, MEEKER, AND McLEOD COUNTIES v. HERB ACHTERKIRCH AND OTHERS. STATE OF MINNESOTA, BY WARREN SPANNAUS, ITS ATTORNEY GENERAL, AND ANOTHER, APPELLANTS-RESPONDENTS. Nos. 43628, 43629, 43632.Supreme Court of Minnesota. November 30, 1973. Drainage — judicial ditch […]
STATE v. WASHINGTON, 693 N.W.2d 195 (Minn. 2005)
STATE of Minnesota, Respondent, v. Lionel Lee WASHINGTON, Appellant. No. A03-980.Supreme Court of Minnesota. March 17, 2005. Appeal from the District Court, Washington County, Gary R. Schurrer, J. Page 196 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 197 SYLLABUS 1. The […]
ROONEY v. DAYTON-HUDSON CORP., 310 Minn. 256 (1976)
246 N.W.2d 170 V. R. ROONEY v. DAYTON-HUDSON CORPORATION AND OTHERS. Supreme Court of Minnesota. No. 45574. September 10, 1976. Contracts — construction of agreement — duration. 1. The agreement of the parties made August 21, 1973, was an option to purchase and not a contract to purchase, and thus expired by its own terms. […]